Becker & Poliakoff

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Our attorneys are thought leaders in their field who keep our clients updated on the latest developments in their areas of interest. Explore our robust library of articles, blog posts, guidebooks, media commentary, and news.

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“Summary of Legislative Changes for Community Associations 2021” – NEFL CAI’s The Community Connection

As if the social, medical, and technological changes associated with the COVID-19 pandemic were not enough for community association board and members to adjust to over the past year, as of July 1, 2021, there are also a host of new changes to the Condominium (Chapter 718, F.S.), Cooperative (Chapter 719, F.S.), and Homeowner Association […]

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“Playing for Keeps – What Rights & Authority Is an HOA Developer (or Successor Developer) Allowed to Keep after Turnover?” – FCAP Managers Report

For many Homeowners’ Association (“HOA”) owners and board members, the words “turnover” and “transition” are two of the most anxiously anticipated yet mysterious terms in community association lingo. Often used interchangeably, the phrases generally refer to the period of time (or “triggering event”) in the development of the community at which the developer is required, […]

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“The Membership Poll – The Pros, Cons & Confusion of Taking Membership Surveys” – CAI South Gulf Coast Magazine

The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice and policy is often blurred without any practical guidance available for well-intentioned directors who want to do the very best they can for their community based upon very […]

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“Weighing the Costs: Common Sense/‘Cents’ COVID-19 Measures for Community Associations Reopening Common Elements and Common Facilities” – FCAP Managers Report

One full year into the COVID-19 pandemic and people have really started to appreciate (or abhor) their neighbors. The extra time at home or stuck in one’s condominium unit has caused an increased sense of awareness and, in some cases, aggravation regarding the comings and goings and habits of our neighbors. Many community associations, and […]

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“Hiding in Plain Sight: What Are Discriminatory Covenants” and Does Your Association’s Governing Documents Contain them?” – Community Association Institute

One of the last few bills to be approved by Governor DeSantis at the end of this year’s legislative session was Senate Bill No. 374 which became law on September 4, 2020. The new law defines and prohibits “discriminatory restrictions” from any title transaction recorded in the State of Florida and creates section 712.065, Florida Statutes,

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Community Update – January 2021

With 2020 finally in the rearview mirror, we dive into what’s ahead for community associations in the New Year. In addition to enjoying this month’s featured articles, we encourage you to take part in our COVID-19 vaccine survey. We want to hear your thoughts on whether or not your association is considering becoming a vaccine […]

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COVID-19 Vaccine Distribution Presents New Challenges for Boards and Their Management Professionals

The unprecedented challenges of this year have been difficult for us all. These challenges are magnified for volunteer board members having to make hard decisions which impact not only themselves, but their family, friends, and neighbors. As we turn to a new year, exciting news of advancements and wider distribution of COVID-19 vaccines appear on […]

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“The ‘Nuisance’ Problem” – FCAP Managers Report

When Do Annoying Behaviors and Activities Within and Surrounding the Community Become a Legal Nuisance and How Can Your Community Deal with It? It seems like everybody’s got a problem with somebody these days. Sure, certain quirks and behaviors can certainly be classified as “annoying.” Who isn’t annoyed by that neighboring co-worker or spouse that […]

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Community Update – October 2020

The 2020 Legislative Guide is here! Florida’s 2020 Session produced a bevy of newly passed community association legislation including the long-awaited criminalization of fraudulent emotional support animal requests. New laws regarding registration requirements for “55 and over” communities, rights for HOA residents to use fireworks on the 4th of July, and housing discrimination laws were […]

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“Sit Back and Enjoy the Ride” – FCAP Managers Report

“Sit Back and Enjoy the Ride: Practical Considerations for Condominium Boards Regulating Electric Vehicle Charging Stations” On July 10, 2020, Governor Ron DeSantis announced over $8 million of the state’s budget this year will be dedicated to strengthening Florida’s electric vehicle infrastructure. The intent of what Gov. DeSantis described as a “long-term investment” is to […]

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Community Update – December 2019

As 2019 comes to a close, we look back at a selection of our most popular Community Update articles. Read on for a refresher on special assessments, juggling both your official association communications with your personal information, and speeding issues in your community. Also, we feature our top read article from our new Spanish feature […]

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Community Update – September 2019

As technology moves forward, community associations are becoming more and more self-sufficient. This is, at its core, a great thing. Associations can run their own websites and their own social media, among other activities. It’s important, however, that with this new freedom board members also remain informed on best practices. This month’s spotlight article, “Attorneys […]

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“Who Said What?” When Members Use Social Media and Other Platforms to Inappropriately Communicate about Association Business – Part II

This article is the second part of an earlier article which addressed how board officers should handle their personal and official communications directed to members about association business. Part II of this article addresses how the association should handle unofficial association correspondence between members and the use of various social media platforms, like Twitter or […]

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Community Update – August 2019

Community Associations must learn to effectively communicate amongst themselves. Over time, more and more messages have become electronic, social media has become a popular platform for communication, and the lines between personal/professional messages have become increasingly blurred. It’s now more important than ever to understand the rules and regulations regarding these distinctions. Our featured article, […]

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“Who Said What?” Board Officers Should be Careful how They Handle Their Official vs. Personal Communications to Members – Part I

There is no doubt that technology has significantly improved the way communities and neighbors interact and communicate with one another. The sheer number of social media applications and web-based platforms available to individuals and community associations make it easy for information (and misinformation) to be disseminated quickly among hundreds, i

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Is It Time to Amend Your Documents?

As the saying goes, change is the only constant in life. This fact applies equally to boards of directors of community associations who are tasked with operating their communities consistently with existing governing documents, even if those documents no longer fit the needs of the community or no longer comply with existing laws. Interestingly, we […]

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Community Update – May 2019

Association board members are tasked with acting in the best interest of their communities while also upholding the parameters set forth in their association’s governing documents. These documents are the cornerstone of association operations and often dictate everything from member rule enforcement to protocol for removing a delinquent officer. This month’s featured article, “Premises Liability […]

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Premises Liability for Failure to Enforce

There are two recent cases of which community association boards should be particularly aware of.  Both cases involved residents who were injured by third parties but who filed suit against their association claiming that the association was also partly responsible for their damages because of their failure to enforce the rules and restrictions in the […]

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