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Part II: Who Pays When Causation, Claims and Coverage Cross?

Part Two of a Three-Part series: They are responsible, shouldn’t their insurance carrier provide coverage? Last week in part one of our series, “Who pays when causation, claims and coverage cross?” we discussed responsibility for property damage. We learned that responsibility is not as simple as determining “where the leak came from.” Indeed, responsibility for […]

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Developer Is Preparing to Turnover the Association to the Owners. What Now?

Florida law governs the transition of association control from developer to owners. Some turnovers are smooth and accomplished in an expeditious manner. Other turnovers are difficult, complex, and result in litigation. A critical component to successful turnover from the developer perspective and community association perspective is communication. We encourage contacting our firm prior to the […]

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“Developments Regarding New Term Limit Law,” Naples Daily News

Editor’s Note:  David G. Muller is a Board Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 10 other Florida cities.  The Firm focuses a substantial amount of its practice on condominium and homeowners association law.  Attorney Muller […]

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“Brand Lobbying, A More Effective Way to Lobby,” Florida Politics

Corporate lobbying doesn’t work. That is the bombshell finding from a recent study, “The Economics of Corporate Lobbying,” from the Journal of Corporate Finance. Obviously, we disagree, but not as stridently as you’d think. The study reviewed the lobbying efforts of 1500 S&P 500 companies and suggests that money spent on lobbying neither impacts the […]

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Part I: Who Pays When Causation, Claims and Coverage Cross?

Part One of a Three-Part series: My oriental carpet was damaged by a roof leak; shouldn’t the association pay for the cost to replace my carpet? The answer is, “it depends.” Having insurance does not always equate to a legal responsibility for damage caused (or repairs necessitated). Likewise, a legal responsibility for damage or repairs […]

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Enforcement Tool Belt – Fining/Suspension

In the proverbial “tool belt” of enforcement options available to an association for violations of the rules and regulations, the imposition of fines and suspensions is one that we frequently get questions about due to the procedures that must be followed.  If the process is not followed properly, it may result in invalidation of the […]

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#MeToo – What is Old is New

You have to be living under a rock if you have not heard of the #MeToo movement.  Although stories of sexual harassment in the workplace are nothing new and the law prohibiting sexual harassment has been around for almost 30 years, it seems as though stories of sexual harassment in the workplace are being told […]

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The Subrogation Situation

With increasing frequency, insurance companies that provide unit owner insurance are suing community associations to recover payments made to the unit owner that are related to water leaks in the unit. The problem with these lawsuits is two-fold. First, the insurance companies are waiting years to bring them, although still within the statute of limitations […]

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