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Becker’s Washington Weekly: Week of March 27, 2023

The House The House returns to Washington this week before embarking on a two-week recess for Easter. This week, Members will take up legislation streamlining and increasing environmental permitting for domestic energy production, infrastructure projects, and other activities while reducing reliance on foreign minerals. Members are also set to take up several bills under expedited […]

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“Why You Should Become A Board-Certified Lawyer” – The Capstone

The Florida Bar reports there over 93,000 lawyers eligible to practice law. Demand for legal services is on the rise as droves of out of state consumers and their businesses relocate to Florida. To meet this demand, law firms have aggressively been recruiting lawyers particularly in specialty areas such as real estate, construction, and corporate […]

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Becker’s Washington Weekly: Week of March 20, 2023

The Senate The Senate returns this week to take up a repeal of the authorizations for use of military force against Iraq in addition to nominations which were teed up last week, although continuing health-related absences from Sens. John Fetterman (D-PA), Dianne Feinstein (D-CA), and Mitch McConnell (R-KY) could complicate that process. The Chamber will […]

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“Developer Turnover Obligations Explained” – News-Press

Q: After the developer transfers control of the condominium association to the unit owners, can the association increase the assessments for the common expenses only against the developer owned units to cover the costs of repair for construction defects? (C.D., via e-mail) A: No. Section 718.301(3) of the Florida Condominium Act provides that after control […]

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Yolanda Cash Jackson Interviewed on Fluent in Floridian Podcast

Shareholder Yolanda Cash Jackson sits down with SalterMitchell PR President and Partner Heidi Otway to share her story of growing up in South Florida and pivoting to a lobbying career in her late-twenties. They also discussed her notable achievements, such as spearheading the effort to install a sculpture of Mary McLeod Bethune (founder of Bethune-Cookman University) […]

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Take It To The Board: We’re Not Just Droning On – A Conversation with Drone Experts Chris Tonn and Neil Johnston On Your Community’s Potential Challenges with Drones

For more episodes of Take It To The Board, click here! Donna DiMaggio Berger sits down with guests Chris Tonn, CEO and Founder of Pelican Drones and Co-Founder of Rocket Drones and attorney Neil Johnston of Hand Arendall Harrison Sale LLC, drone expert and leader of its Real Estate, Land Use and Timber Practice Group. Over the last few […]

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“‘NIMBY’ to ‘YIMBY’” – FCAP Managers Report

You have probably heard of the term “NIMBY,” which is the acronym for “Not in My Back Yard.” It is the attitude of some who oppose new development, fearing that it will adversely affect them in terms of architectural style, adverse impacts to views, housing density, or traffic, for example. However, with some proactive investments […]

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Becker’s Washington Weekly: Week of March 13, 2023

Congress The Senate is back in session this week while House Members are on recess. Senators are expected to take up a number of Administration nominees and a bill repealing a House-passed bill repealing a Biden Administration rule governing water and wetland protections. However, three Senators’ health-related absences may complicate the process.  Key nominations this […]

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“Notice of Board Meeting Must Include Agenda” – News-Press

Q: The board of directors of my condominium association recently voted on an issue that was not on the posted agenda. Following the meeting, the board realized that this was an error and there is a question as to how to correct the mistake. Should the board address this at the next board meeting and […]

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Becker’s Washington Weekly: Week of March 6, 2023

The House The House returns to DC this week to take up a number of bills, chief among them being a bill that would repeal the Biden Administration’s rule expending environmental protections for several bodies of water. Other bills include those concerning servicemember tuition reimbursements and VA operations such as offsite emergency healthcare coverage, medical […]

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“Easements Explained” – News-Press

Q: The survey for my lot when I closed on my property shows a 15-foot-wide drainage easement dedicated to my homeowners’ association. Can my association use the drainage easement for another purpose besides drainage? (A.D., via e-mail) A: Most likely not. However, the answer to your question depends on several things, including the language contained […]

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Becker Awarded FLCAJ Readers’ Choice Award For Ninth Consecutive Year

For the ninth consecutive year, Becker has earned a Diamond Level Readers’ Choice Award from the Florida Community Association Journal (FLCAJ). The FLCAJ announced its tenth annual Readers’ Choice Award winners in the March 2023 issue of the magazine. The FLCAJ Readers’ Choice Awards is a unique recognition program that shines a spotlight on the […]

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“Commercial Real Estate: Predictions and Reflections 2023” – Practical Law Real Estate

Practical Law Real Estate asked leading real estate practitioners to share their thoughts on recent developments impacting the US commercial real estate market. Commercial real estate experienced another year of impressive growth in 2022, and despite cyclical headwinds, including increased interest rates, inflationary pressures, and a recession, the outlook for 2023 is cautiously optimistic. Although […]

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Take It To The Board: A Discussion on Successful Real Estate Design in the Luxury Space with TRUMP!

For more episodes of Take It To The Board, click here!   Donna DiMaggio Berger sits down with guest, Jules Trump, a South-African born businessman and one-third of The Trump Group. His wife of 50 years, Stephanie, and his younger brother and business partner, Eddie, comprise the other two-thirds of the team. Also known as “the Other […]

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The Becker Insider | February 2023

The Becker Insider provides recent news and unique perspectives into the Florida policy issues that matter most to you. At Becker, we believe that our strengths truly lie in our differences. Our local, state, and federal lobbying teams have deep and longstanding relationships across the political spectrum, allowing us to better champion the interests of […]

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Community Update – February 2023

Spring is the season of new beginnings and a reminder of how nice change can be. This month, we spotlight timely issues and provide guidance for you and your community to move forward. Our featured articles explore various topics from condo safety regulations and hurricane repairs to combatting growing hate crimes inside community associations. Also featured this month is the board […]

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“Let’s Have A Talk About Depositions” – NEFL CAI Chapter Community Connection

Whether you are a property manager, board member, or homeowner, the likelihood of being involved in litigation is ever-increasing. The COVID19 pandemic has brought a wave of litigation throughout the country, with homeowners’ association related issues being a hotbed. One inherent aspect of that litigation involves the litigants taking depositions. A deposition serves as a […]

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Timesavers at Annual/Election Meetings

Proxies and Limited Proxies In condominiums and cooperatives, general proxies are used for establishment of a quorum and limited proxies are used to vote on a particular matter – amendments, waive reserves or financial reporting requirements, etc. It is only in homeowners associations when proxies may also be used for elections. Proxies and limited proxies […]

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Director Elections in HOAs (i.e. Welcome to the Wild, Wild West)

An increasing number of homeowners’ associations are adopting a two-notice, advance-nomination process for electing directors, similar to the election procedures statutorily dictated for condominium associations. Yet with many HOAs still operating with governing documents drafted by the developer, it is not uncommon to hear about situations where an association is running its condo-like election based […]

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Becker’s Washington Weekly: Week of February 27, 2023

Congress Back in Session The House and Senate return to Washington this week following their respective recesses. House lawmakers are hitting the ground running by taking up a number of bills, including those that would extend the FCC’s spectrum auction power through mid-May and require the Commerce Department to provide congressional reports on mobile network […]

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“Sunshine Laws for Condominium Associations” – FCAP Managers Report

Issues generally arise in community associations when there is or appears to be a lack of transparency between the board of directors and the association members. The Florida’s Sunshine in the Government Act, or the “sunshine laws,” require transparency and disclosure in government and business. Although the Florida’s Sunshine in the Government Act does not […]

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Lender Questionnaires

Associations and association managers routinely receive what are referred to as lender questionnaires on a regular basis. A lender questionnaire is usually a request from a bank, lending institution or title company that requests the Association provide information about the community to the lender. Such requested information generally includes request for information concerning the community […]

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“Condo Hurricane Repairs Explained” – News-Press

Q: My condominium building suffered significant damage from Hurricane Ian, including damage to the exterior of the building and the interior of the units. The association recently said that it will begin making various repairs, including repairs inside the unit. Is this permitted without my permission since this is property that I own? (D.K., via […]

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“Welcome to the Board: Now What?” – FCAP Managers Report

So, you’ve been elected or appointed to the board of your association. Now what? First, it is necessary to become familiar with the association’s governing documents (declaration, articles of incorporation, and bylaws) and any written rules and policies. Board members are charged with upholding these documents and policies to the best of their ability as […]

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