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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Community Update – March 2024

Joseph E. Adams, Valeria Angelucci, Donna DiMaggio Berger, Priscilla Bonsu, JoAnn Nesta Burnett, Jamie B. Dokovna, Mark D. Friedman, Yeline Goin, Mary R. Hawk, Elizabeth A. Lanham-Patrie, Kaylin Martinelli, Marty Platts, Lisa A. Reves, Jay Roberts, LaToya Sheals, Amanda L. Wood | 03.31.2024
Newsletter | Florida Condo & HOA Law Blog

March marks the beginning of Spring and with a new season comes new opportunities. This issue of CUP will help your community association navigate elections and voting, insurance claims, and enforcement fines. Also featured this month are a few of the bills sent to the Governor for action following the 2024 Legislative Session. Don’t miss […]

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“What Do You Mean We Cannot Enforce The Association’s 55-And-Older Provision?” – Florida Community Association Journal

JoAnn Nesta Burnett | 03.25.2024
Article Publication | Florida Community Association Journal

While the Fair Housing Act (FHA) protects all citizens from discrimination on the basis of race, color, national origin, religion, sex, and disability or familial status (families with children under the age of 18 living with parents or legal guardians, pregnant women, and people trying to get custody of children under 18), there is an […]

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Medical Marijuana and ESA Trends – Checking in Again with FHA Expert JoAnn Nesta Burnett

Donna DiMaggio Berger, JoAnn Nesta Burnett | 08.29.2023
Podcast | Take It to the Board

For more episodes of Take It To The Board, click here! Are you confused about whether your board can stop residents from smoking marijuana in your community even if they claim it is for medical purposes? Join Donna DiMaggio Berger and guest JoAnn Nesta Burnett, Shareholder at Becker, as they unravel the intricacies of marijuana use within community […]

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Candid Conversations on Community Association Living

Donna DiMaggio Berger, Kathleen “Katie” O. Berkey, AICP, JoAnn Nesta Burnett, Mark D. Friedman, Jamie B. Dokovna, K. Joy Mattingly, Yeline Goin, Patrick C. Howell, Howard J. Perl, J. David Ramsey | 02.21.2023
Podcast | Take It to the Board

Becker’s Take It To The Board podcast, hosted by shareholder Donna DiMaggio Berger, explores the reality of life in a community association. Among many special guests, nine Becker attorneys from across the firm, have appeared and discussed their area of expertise as it relates to community living. Tune in for these candid discussions which just might […]

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“Community Associations Can Sink or Swim Based on Their Rules and Regulations Related to Children and Swim Diapers” – FLCAJ

JoAnn Nesta Burnett | 04.21.2022
Article Publication

In January 2022 a Florida couple, Jack and Simone Yeager, who own a home in a Boynton Beach country club, in conjunction with their adult son, David Yeager, and his wife, Nicole Fisher, filed a lawsuit against a South Florida property owners association for allegedly discriminating against them based upon familial status. The complaint alleges […]

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Conversations on Community Association Living

Donna DiMaggio Berger, Patrick C. Howell, Jamie B. Dokovna, Howard J. Perl, J. David Ramsey, JoAnn Nesta Burnett | 02.24.2022
Podcast | Take It to the Board

Becker’s Take It To The Board podcast, hosted by shareholder Donna DiMaggio Berger, explores the reality of life in a community association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Episodes feature a variety of guests including association leaders, experts, and […]

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Community Update – December 2021

Donna DiMaggio Berger, Kathleen “Katie” O. Berkey, AICP, Ellyn S. Bogdanoff, JoAnn Nesta Burnett, Jamie B. Dokovna, Yeline Goin, Patrick C. Howell, Elizabeth A. Lanham-Patrie, K. Joy Mattingly, David G. Muller, Howard J. Perl, Jay Roberts, Karyan San Martano, Mark D. Friedman | 12.31.2021
Newsletter | Florida Condo & HOA Law Blog

Before heading into the New Year, we look back at the year’s most popular reads. This month’s featured articles highlight the topics you found most interesting in 2021 – from fining committees to questions about remote meetings. From all of us at Becker, we wish you a happy holiday and a joyous, healthy, and prosperous […]

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“Evaluating Requests for Service and Emotional Support Animals” – FLCAJ Magazine

JoAnn Nesta Burnett | 12.07.2021
Article Publication | FLCAJ Magazine

As a community association attorney who focuses her practice on Fair Housing issues, I can state that one of the most difficult issues facing community association board members is how to evaluate and address requests for accommodations for service and emotional support animals (ESA). Over the last two years, we have seen changes regarding how […]

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Nuisance or Necessary: Solving the “Pet” Problem with JoAnn Nesta Burnett

Donna DiMaggio Berger, JoAnn Nesta Burnett | 07.07.2021
Podcast | Take It to the Board

For more episodes of Take It To The Board, click here! Although intended to empower people with physical or emotional disabilities, service animals can create quite the conundrum for no-pet and pet restricted communities. If your board is struggling to provide reasonable accommodations for all community members – those with disabilities requiring service/support animals and […]

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Community Update – February 2021

JoAnn Nesta Burnett, James Robert Caves, III, Lilliana M. Farinas-Sabogal, Mark D. Friedman, David G. Muller, Jay Roberts | 02.20.2021
Newsletter | Florida Condo & HOA Law Blog

Spring is just around the corner and sprucing up is often top of mind. Whether that means improving yards, documents, or relationships, this edition of Becker’s Community Update offers practical guidance on how to move forward. Check out the hot topics below, and don’t forget to connect with us on Facebook to get real time updates on […]

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“Help Your Clients Avoid Stumbling into Fair Housing Problems” – Community Association Management Insider

David G. Muller, JoAnn Nesta Burnett | 02.05.2021
Article Publication | Community Association Management Insider

Community Association Management Insider recently asked several legal practitioners to identify those seemingly innocent practices that could land community associations in court for fair housing violations. David Muller and JoAnn Burnett, members of Becker’s Community Association Team, pointed out that most avoidable disputes were rooted in poor handling of unreasonable accommodation requests, inadvertent familial discrimination, failure to comply […]

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

Joseph E. Adams, Donna DiMaggio Berger, Kathleen “Katie” O. Berkey, AICP, JoAnn Nesta Burnett, James Robert Caves, III, Anna P. Cherubin, Jane L. Cornett, Rosa M. de la Camara, Michael O. Dermody, Kenneth S. Direktor, Kevin L. Edwards, Lilliana M. Farinas-Sabogal, Mark D. Friedman, Yeline Goin, Michael C. Góngora, Jennifer L. Biletnikoff, Patrick C. Howell, Scott Kiernan, Elizabeth A. Lanham-Patrie, Steven H. Mezer, Shayla J. Mount, David G. Muller, Howard J. Perl, Marty Platts, Jay Roberts, David H. Rogel, Robert Rubinstein, Gary M. Schaaf, Robyn M. Severs, John Stratton, Robert L. Taylor, Sara K. Wilson | 12.16.2020
Client Advisory

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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“Take a Bite Out of Fraudulent Emotional Support Animal Requests” – FLCAJ Magazine

JoAnn Nesta Burnett | 09.25.2020
Article Publication | FLCAJ Magazine

One of the most difficult issues facing community association board members is how to evaluate and address requests for accommodations for emotional support animals (“ESA”). Often, mental disabilities are not as visible and obvious as many physical disabilities. Combine this with the number of websites and individual medical professionals that advertise to write letters after […]

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Community Update – May 2020

Joseph E. Adams, Donna DiMaggio Berger, Mark D. Friedman, Jack S. Kallus, Elizabeth A. Lanham-Patrie, Marty Platts, JoAnn Nesta Burnett, Jay Roberts | 05.30.2020
Newsletter | Florida Condo & HOA Law Blog

We all know the old adage, “April showers bring May Flowers,” and while springtime is in full swing, it looks as though we may also be slowly emerging from the COVID-19 fog with businesses beginning to cautiously reopen across the state. The month of May also means that we are gearing up for the start […]

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“Occupancy Restrictions and the FHA” – FLCAJ Magazine

JoAnn Nesta Burnett | 05.07.2020
Article Publication | FLCAJ Magazine

Many Associations’ Declarations contain occupancy restrictions relating to the number of bedrooms in a home or unit. The standard provision reads two person per bedroom are permitted in a unit or home. However, does this occupancy restriction violates the federal and/or Florida Fair Housing Acts (“FHA”)? The short answer is, it depends. Fair Housing Acts […]

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Community Update – September 2019

Hugo V. Alvarez, Howard J. Perl, Shayla J. Mount, David G. Muller, JoAnn Nesta Burnett, Marty Platts | 09.30.2019
Newsletter | Florida Condo & HOA Law Blog

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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Americans With Disabilities Act (“ADA”) Accessibility for Websites

JoAnn Nesta Burnett | 09.26.2019
Article Blog Publication | Florida Condo & HOA Law Blog

It is unclear from the current case law, guidance, and the ADA, whether a condominium association, with short term stays of thirty (30) days or less, must provide an accessible website for people with disabilities.   One of the only cases to address this situation is Dunn v. Phoenix West II, LLC, et al., 2016 WL […]

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25 Becker Attorneys Board Certified in Condominium and Planned Development Law

Joseph E. Adams, Donna DiMaggio Berger, JoAnn Nesta Burnett, James Robert Caves, III, Jane L. Cornett, Rosa M. de la Camara, Kenneth S. Direktor, Jennifer Bales Drake, Kevin L. Edwards, Lilliana M. Farinas-Sabogal, Mark D. Friedman, Yeline Goin, Michael C. Góngora, Jennifer L. Biletnikoff, Elizabeth A. Lanham-Patrie, K. Joy Mattingly, Steven H. Mezer, David G. Muller, Howard J. Perl, Marty Platts, Jay Roberts, David H. Rogel, Robert Rubinstein, Robyn M. Severs, Robert L. Taylor | 06.03.2019
Press Release

  Becker’s Community Association practice group has been an industry leader since we opened our doors in 1973. Today, we’re proud to announce that we have the largest, dedicated team of Board Certified attorneys in Condominium and Planned Development Law in the state of Florida. Board certification demands rigorous testing and is in recognition of […]

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Eight Becker Attorneys Newly Board Certified in Condominium & Planned Development Law

JoAnn Nesta Burnett, Jennifer Bales Drake, Yeline Goin, Jennifer L. Biletnikoff, Marilyn Perez-Martinez, Howard J. Perl, Marty Platts, K. Joy Mattingly | 06.03.2019
Press Release

June 3, 2019 – Ft. Lauderdale, FL – We are pleased to announce that eight Becker attorneys are newly minted as Florida Bar Board Certified in Condominium & Planned Development Law. The specialty encompasses the practice of law that involves representing community associations and their members, property owners, sellers, purchasers, developers, lenders, governmental agencies, and […]

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“Will the Fraud and Abuse in Emotional Support Animal Requests Finally Be Curtailed?” – FLCAJ

JoAnn Nesta Burnett | 04.10.2019
Article Publication | FLCAJ Magazine

With increasing frequency, associations are faced with owners’, tenants’ and guests’ requests for accommodations under the Fair Housing Act. Title VIII of the Civil Rights Act of 1968, a/k/a The Fair Housing Amendments Act, found at 42 U.S.C. §3601 et. seq. (1968), was enacted by Congress as a means of preventing housing discrimination based upon […]

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“Emotional Support Animal” – FCAP Managers Report

Steven H. Mezer, JoAnn Nesta Burnett | 01.10.2019
Article Publication | FCAP Managers Report

The following is a paraphrased example of the one question that we are asked most frequently: “I live in a condominium, which has had a “no pet amendment” since it was built.  A person recently purchased a unit and has been seen with a dog that barks all the time.  The owner signed all the […]

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Emotional Support and Service Animals in Housing and Your Business

Tyra N. Read, JoAnn Nesta Burnett | 11.27.2018
Blog Publication | Real Estate Law Blog

Handy tips for property owners, landlords, property managers, developers, real estate agents, community associations, and business owners: Business owners of public accommodations, such as restaurants, hotels and stores, are not required to allow emotional support animals but they are required to allow service animals. The type of information needed to request a service animal or emotional […]

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