Perspectives

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“Becker & Poliakoff Launches Opportunity Zone Practice,” Law360

Becker & Poliakoff PA has launched a multidisciplinary opportunity zone practice to help clients navigate investing in the new low-income zones established by the 2017 tax reform law, the firm announced. The firm put together attorneys from their government policy, real estate, construction, public-private partnership, corporate and estate planning groups to provide comprehensive guidance for […]

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“Direct Versus Derivative in Shareholder Litigation: Is It an Ad Hoc Inquiry?” Today’s General Counsel

Whenever a shareholder brings a claim involving the company’s officers and directors, the court must decide whether the shareholder is suing for harm suffered individually, and the claim is direct – or if the alleged harm is suffered by the company, and the claim is derivative. Distinguishing between direct and derivative claims, however, has become […]

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Tyra N. Read Named Among American Institute of Legal Counsel’s 10 Best Real Estate Law Attorneys

Congratulations to Shareholder Tyra N. Read who has been honored by the American Institute of Legal Counsel as one of Florida’s 2018-2019 10 Best Real Estate Law Attorneys for Client Satisfaction. The prestigious list is comprised of the top ten attorneys in each state who have not only attained the highest degree of professional achievement […]

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Community Update – January 2019

Welcome to 2019! We hope that your year is off to a wonderful start. In this issue we hit the ground running so that you can rest assured your association is beginning the new year on a high note. Don’t commit a party foul! This month’s featured article, Performing Rights for Organizations and Associations, digs […]

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Penalties for Financial Reporting Violations

In 2018, the Florida Legislature revised a provision within the Condominium Act concerning financial reporting.  Specifically, if a condominium association fails to comply with a request from the Division of Condominiums, Timeshares and Mobile Homes (the “Division”) regarding providing a unit owner with a copy of the annual financial report, the condominium association, as a […]

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Performing Rights for Organizations and Associations

So your community association has survived Hurricane Irma and completed all the repairs. In celebration of this milestone, the association decided to hold a community wide cookout with live music. The celebration was a success and thoroughly enjoyed by everyone. Now, two weeks later, you are in receipt of a certified letter from a Performing […]

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Avoiding Defense of Selective Enforcement

A common defense raised by owners who find themselves on the wrong side of a covenant enforcement action is to allege an association’s failure to enforce the covenant at issue against all violators and instead only selectively enforcing it. The defense of selective enforcement is based upon a case decided by the Supreme Court of […]

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