For more episodes of Take It To The Board, click here! This week’s episode of Take It To The Board explores a topic that resonates deeply with many community association boards: the impact rentals have on a community and how to balance an owner’s desire to lease out his or her unit with the association’s […]
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Becker Litigation Team Spotlighted in Law360 for Groundbreaking Legal Strategy
Jim Mahon, a shareholder in Becker’s Business Litigation Practice, was featured in a Law360 article, for a unique argument in United States v. Lingat. The case challenges long-standing legal precedent of Klein conspiracy charges in tax cases. Instead of following the usual approach of comparing these charges to the Supreme Court’s limits on tax obstruction […]
Read MoreBecker’s Claramargaret Groover featured on Housingwire.com
Becker’s Claramargaret Groover penned the article Can a Market Be Too Hot, which was published on Housingwire.com. Claramargaret delves into the challenges smaller developers face when larger developers enter already thriving markets. She explores whether a hot market can become “too hot” and offers expert perspectives on navigating competitive development landscapes. You can read the […]
Read MoreBecker’s Washington Weekly: Week of December 9
Congress Clears the Decks Over the weekend, House lawmakers released the text of the nearly $900 billion must-pass annual defense authorization bill ahead of an expected program lapse at year’s end. That, along with the biennial water project authorization bill, are set for floor votes this week. While Senators will meet this week to take […]
Read More“‘Single Family’ Use Restriction Questioned” – News-Press
Q: Our board is seeking clarification on the “single family” use restriction stated in our declaration of condominium. The term is not clearly defined in our documents, and we would like guidance on how to interpret this clause when evaluating our potential sales. (J.D., via e-mail) A: “Single family” use restrictions are common in the […]
Read MoreDonna DiMaggio Berger named 2024 Florida Trend Legal Elite, Notable Women Leaders in Law Honoree
Becker proudly announces that Donna DiMaggio Berger, Shareholder, and Vice-Chair of the Firm’s Community Association Practice, has been recognized as a 2024 Florida Trend Legal Elite Notable Women Leaders in Law honoree. Florida Trend notes, “The list of Legal Elite Notable Women Leaders in Law is becoming even more distinctive and difficult for inclusion… recognizing […]
Read MoreDonna DiMaggio Berger Discusses Looming Condo Deadline in CBS12 News Interview
Periodic engineering inspections and mandatory reserve funding deadlines set forth by the Florida Legislature are quickly approaching for some high-rise condos. Donna DiMaggio Berger, a Shareholder and Vice-Chair of Becker’s Community Association Practice, sat down with the CBS12 News Investigative Team to discuss how the looming December 31 deadline, coupled with new laws that give […]
Read MoreOmar Franco and Clarence Williams Named to the Hill’s List of Top 2024 Lobbyists
We are thrilled to announce Omar Franco and Clarence Williams have been recognized as a “Hired Gun” in The Hill’s list of 2024 Top Lobbyists. The list recognizes impactful advocates who stand out for the results they’ve delivered for their clients, companies, trade associations, and advocacy groups in the nation’s capital. Omar is Senior Director of Becker’s […]
Read MoreLegal Update: Corporate Transparency Act Reporting Requirements Halted Nationwide
December 3, 2024 – The U.S. District Court for the Eastern District of Texas has issued a nationwide preliminary injunction, halting enforcement of the Corporate Transparency Act (CTA) and its reporting requirements, citing constitutional concerns in Texas Top Cop Shop v. Garland et al. (Case No. 4:24-cv-00478). Background on the CTA The CTA, enacted as […]
Read MoreFlorida’s Condo Deadline: Allison Hertz Discusses Compliance in CBS12 News Interview
By December 31, 2024, Florida condo boards must complete structural integrity inspections and financial reserve studies as required by new safety laws following the Surfside tragedy. Allison L. Hertz, a shareholder in Becker’s Community Association Practice, spoke with the CBS12 News Investigative Team to discuss the final stretch to the deadline. She estimates at least […]
Read MoreBecker’s Washington Weekly: Week of December 2
Congress Pivots to 2025 Lawmakers return to Washington this week for their last working period of the year before breaking for the Holidays and swearing in a new Congress in early January. Congress still needs to pass a government funding bill by December 20th to avoid a shutdown, in addition to passing key defense and […]
Read More“Fining Notice Procedures Questioned” – News-Press
Q: I recently read your article about the recent amendments to the statute on fining in homeowners’ associations and have a question. Does the 14-day notice need to be sent by certified mail? (A.G., via e-mail) A: Section 720.305(2)(b) of the Florida Homeowners’ Association Act does not specifically mandate that the 14-day hearing notice be […]
Read MoreCommunity Update – November 2024
It’s time to start getting ready for the holidays and other year-end celebrations! This issue of CUP explores some common issues that associations are facing and discusses best practices to start the new year off right. Whether you’re struggling with Florida’s condo crisis, need help understanding the Corporate Transparency Act, or dealing with random meeting musings, we’ve […]
Read MoreTransforming Your Corporate Culture with Motivational Speaker & Author Chris Dyer
For more episodes of Take It To The Board, click here! Join host Donna DiMaggio Berger on this week’s Take It To The Board podcast as she welcomes Chris Dyer, a motivational speaker, author, and former CEO who’s led teams of thousands. Ranked as the #1 leadership speaker on culture by Inc. Magazine, Chris is known for his best-selling books, The […]
Read MoreThe Three Key Elements of Properly Noticing a Special Assessment Meeting
Special assessments are becoming more and more common in community associations. As the frequency of special assessments increases, so does the possibility of delinquencies in payment of the special assessments. A crucial element of collection of a delinquent special assessment is proving that the special assessment was properly adopted at a properly noticed board meeting. […]
Read MoreBank Commitment Letter Pitfalls for Condominiums
When a condominium association is seeking to obtain a loan, too often the board is signing the Bank’s commitment letter before having that document reviewed by legal counsel. While some banks will permit the association to amend the commitment letter after the fact, through revisions to the loan documents, others will not permit that to […]
Read MoreThe Owner’s Account Is Already in Collections – Why Do I Have to Send a New Notice of Late Assessment for a New Special Assessment?
Community associations have become very familiar with the statutory requirement that a 30 day Notice of Late Assessment must be sent to an owner prior to turning the account over to an attorney for collections. However, confusion over the need to send a Notice of Late Assessment often arises when an association adopts a new […]
Read More“Random Meeting Musings” – FCAP Managers Report
As budget season is in full swing, and annual meetings / elections are just around the corner, I thought it a good time to review some basic meeting information that is very frequently not done properly. Let’s start with budget meetings. As you should be aware by now, there have been some significant changes to […]
Read More“Corporate Transparency Act Explained” – News-Press
Q: We recently received an e-mail from our management company regarding the filing requirements of the Corporate Transparency Act. This is the first I’ve ever heard of it. Can you explain what this is? (M.M., via e-mail) A: On January 1, 2021, Congress passed the Corporate Transparency Act (“CTA”). The CTA is intended to deter […]
Read MoreBecker’s Washington Weekly: Week of November 18
Lame Duck Session Continues Lawmakers return to Washington this week for the final time this month before breaking for the Thanksgiving holiday. In the meantime, Senators will take up judicial nominations while House Members will move through a packed legislative agenda. House bills set for expedited procedures this week include veterans affairs operations, agency grant […]
Read More“State Regulation of HOA’s Limited” – News-Press
Q: What is the “DBPR” and does it have authority over homeowners’ associations? (C.S., via e-mail) A: The Florida Department of Business and Professional Regulation is an executive branch state agency in Florida. Its secretary is appointed by the Governor. The DBPR is responsible for licensing and regulating various businesses and professionals, through its various […]
Read More“Called to a Deposition or Court? Here Are a Few Tips” – Florida Planning Magazine
When a planner is called to serve as a witness, it is natural to be anxious. However, keeping in mind these tips and best practices will help you be better prepared and best convey evidence and testimony. Always keep orderly files. Do not wait to be called to a deposition or court to organize your […]
Read MoreAddressing Florida’s Condo Crisis and How to Fix It
For more episodes of Take It To The Board, click here! The aftermath of the Champlain Towers tragedy has led to a flurry of legislative responses, but are they hitting the mark? Was the Florida Legislature’s response to the Champlain Towers tragedy misguided in terms of overlooking some key factors that led to that deadly […]
Read MoreBecker’s Washington Weekly: Week of November 11
Congress Closes Out 2024 Congress returns to Washington this week following the 2024 election, where Republicans flipped the Senate and the White House and potentially held the House of Representatives depending on yet-to-be-called races. Lawmakers will begin their lame-duck session to pass a series of must-pass legislation and take up nominations of both the outgoing […]
Read More“Remote Meeting Procedures Questioned” – News-Press
Q: Am I entitled to ask questions or speak at association meetings if I am attending remotely via an online platform? The application used by my condominium association does not provide a way to ask questions, and I am worried this might be against Florida Statutes. (J.D., via e-mail) A: It depends. Section 718.112(2)(c) of […]
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