James Mahon and Catelyn Stark of Becker’s New Jersey Litigation Team contributed a chapter entitled “Employment & Labour Laws and Regulations USA 2024” to the recently published International Comparative Legal Guide (ILCG). The chapter covers common issues in employment and labor laws and regulations – terms and conditions of employment, employee representation and industrial relations, […]
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IRS Proposal on Monetized Installment Sales Casts Too Wide a Net — Bloomberg Tax
Becker shareholder Michael Burwick authored the following insights to Bloomberg Tax about why potential complications of proposed IRS regulations on installment sales would require certain advisers to file disclosures. The IRS’s proposed regulations on monetized installment sale transactions are broad enough to implicate ethical transactions in its aim to capture abusive ones. The final regulations […]
Read MoreBecker Celebrates Women’s History Month: Meet Jamie Dokovna
In celebration of Women’s History Month, Becker is showcasing the inspiration, philosophies, and expertise of the women attorneys and lobbyists who help elevate our firm and client service. Jamie Dokovna is a shareholder in our West Palm Beach, FL office. She focuses her practice on business litigation, with an emphasis on employment law and commercial […]
Read More“Owner Questions Board’s Contracting Authority” – News-Press
Q: Recently, my condominium association authorized a major construction project. The contract for the work is several million dollars in value. The board of directors voted to move forward with their preferred contractor and authorize the president to sign. Isn’t this the type of contract that must be voted on by the owners? (O.V., via […]
Read More“Pending New Laws” – FCAP Managers Report
The 2024 Florida Legislative Session ended Friday, March 8th, and it was one of the busiest sessions in memory in terms of producing new community association legislation. Please remember that these bills do not become law until they have been sent to the Governor who then has fifteen (15) days to sign a bill, veto […]
Read MoreInvolved Versus Committed: Does My Community Association Need a Social Media Policy?
Across the green from Becker’s Morristown office is a delightful restaurant named “The Committed Pig.” When you walk in the door, a sign on the wall explains the restaurant’s interesting moniker: the best way to describe the difference between involvement and commitment is “bacon & eggs” the chicken is involved, but the pig is committed […]
Read MoreThe Impact of the New Department of Labor Rule on Worker Classification and Ensuring Proper Classification of Workers
In the early 2000s, employers and established businesses rarely sought out the work of independent contractors. Now decades later this has changed significantly as employers are relying more and more on independent contractors instead of employees. While using independent contractors can have certain benefits, there can also be certain risks especially when it comes to […]
Read MoreAddressing Burdensome Records Requests via the Rule-Making Power of Condominium Associations
Records requests can become quite daunting when a board of directors is faced with a high volume of demands from unit owners asserting their right of inspection of the association’s official records. Section 718.111(12)(c)(1) of the Florida Condominium Act (“Act”) permits condominium associations to “adopt reasonable rules regarding the frequency, time, location, notice, and manner […]
Read MoreSo, You Received a Written Inquiry
Your community association has just received, by certified mail, a letter from a unit owner with several questions about the operation of the Association. What do you do next? First and foremost, you should always ensure that your community association’s legal counsel is promptly notified of such inquiries because receipt alone may trigger time sensitive […]
Read MoreFrom Developer to Homeowners: A Brief Overview of Transition in New Jersey Community Associations
Congratulations on becoming homeowners in your new community! As you settle in and start to personalize your spaces, an important milestone awaits: the transfer of control from the developer to the unit owners. This process, known as “transition,” marks the moment when you and your fellow residents take the reins of your community, shaping its […]
Read More“Term Limit Law Still 2 Years Away” – News-Press
Q: My condominium association will be having its annual meeting soon, which will include an election for members to the board of directors. Some of our board members have served for numerous years, and I understood that there are now term limits on the number of years a board member could serve. What is the […]
Read MoreBecker Spotlight: Martin Cabalar on Developer Transition, Construction Defects, & New Jersey’s Structural Integrity and Reserve Funding Law
Recognized by New Jersey Super Lawyers as a ‘Rising Star,’ if you spend a few minutes with Martin Cabalar, you’ll realize it’s true. Cabalar, a shareholder in Becker’s New Jersey office, is part of the firm’s community association and construction litigation practice groups. He wears several hats, from serving as General Counsel for community associations […]
Read More“Association ‘Sunshine Laws’ Questioned” – News-Press
Q: I was recently elected to the board of my condominium association. I thought we had to follow Florida’s sunshine laws, but our long-time president said this is not true. She claims we can meet whenever we want as long as no votes are taken, or assessments are not going to be made. Is this […]
Read More“Statute Of Limitations Apply to Associations” – News-Press
Q: My homeowners’ association recently sent me a notice stating that I had to remove a number of tree stumps in my back yard. The stumps are from trees that were removed following Hurricane Irma. Nothing has changed since those trees were cut down over five years ago. I don’t understand why my association is […]
Read More“A ‘CliffsNotes’ Guide for New Condominium Board Members” – FCAP Managers Report
The election is over, and you have earned a coveted seat on your condominium association’s board of directors. Now what? This helpful guide will provide you with a “CliffsNotes” version of important things to remember as you embark on your journey as a director. What exactly does a member of the board of directors do? […]
Read More“Can Spouse Serve on Board” – News-Press
Q: My wife and I live in a condominium unit in Florida. The unit is owned by my wife, in her name only. However, I would like to run for the board of directors. Does Florida law state that a spouse of a unit owner has the right to serve on the board? (E.B., via […]
Read More“Difficulty with Community Participation?” – FCAP Managers Report
In many communities, voter apathy can be a real issue with members not turning in proxies and not attending meetings. This does not only impact elections, but also other membership votes, such as amending the governing documents and voting on material alterations. Simplifying the voting process for owners can go a long way in remedying this problem. One […]
Read MoreCondominium Rule Restrictions of Door-to-Deliveries: A Right or a Convenience?
In today’s world, almost anything you can fathom can be conveniently delivered to your door. Whether it is pet food, medicine, or your next meal, you can have seemingly anything you want delivered without ever leaving the comfort of your condominium unit. But has this convenience become a right? Can a condominium control such deliveries?
Read MoreThe Danger of Substituting Artificial Intelligence for Your Attorney
“Don’t confuse your Google Search with My Law Degree.” This is a popular saying found on attorney coffee mugs these days, and this sentiment does not seem so farfetched as we live in a world increasingly dependent on autonomy and artificial intelligence (“AI”). It’s rare to see people without their phone glued to their hands, […]
Read MoreThings Associations Should Know About Tax Deed Sales
Every so often associations will unexpectedly receive notice that a tax deed has been applied for in connection with a parcel or condominium unit in the community. Those notices will describe tax certificates, provide a redemption amount, and state the date on which the parcel or unit will be auctioned for unpaid property taxes if […]
Read More“Collection Dispute Confounds Board” – News-Press
Q: We have an owner in our condominium community who refuses to pay the current monthly assessment. Each month, she sends a check based on our budget from 2 years ago. She says she has not received a copy of the proposed budget 14 days ahead of time for the past two years as she […]
Read MoreThe Corporate Transparency Act
Disclosure Requirements for Corporate Entities – Are You Ready? On January 1, 2021 Congress passed the Corporate Transparency Act (“CTA”). The purpose of the CTA is to create a clear standard for incorporation practices throughout the United States for both domestic entities and foreign entities registered to conduct business in the United States, and address […]
Read More“Townhome, Condominium and New Construction Home Issues in Florida: Helping Homeowners Navigate the Legal Process” – Central Florida Times
Purchasing a new townhome, condominium or single-family home in Central Florida is an exciting milestone, but construction defects can quickly turn that dream into a nightmare. At Becker, our construction attorneys specialize in representing homeowners and homeowner’s associations facing construction defects, offering expert legal guidance and advocacy. In this article, we will discuss residential construction […]
Read More“Remote Board Meetings Questioned” – News-Press
Q: Can the board of a homeowners’ association hold “Zoom only” meetings and not permit Owners to attend? (M.M., via e-mail) A: Subject to certain exceptions, I do not believe a board can circumvent the “sunshine laws” by using “remote only” meetings. There are exceptions in the law which permit board meetings to be closed. […]
Read More“Is Self-Insurance Possible For Community Associations?” – Florida Community Association Journal
Insurance premiums have always constituted a significant percentage of most community association budgets, but astronomical increases in recent years have completely changed the budget landscape. In addition to unaffordable premiums, many insurers are denying full replacement cost coverage, demanding roof replacement for roofs that are still functioning, and/or pushing for complete exterior hurricane protection in […]
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