Perspectives

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Who Replaces Condominium Building Windows?

Q: The windows in my condominium unit need to be replaced. My condominium association is stating that windows are my responsibility. Because the windows are part of the exterior building, doesn’t Florida law require the association to replace the windows? (S.R, via e-mail) A: The Florida Condominium Act does not specifically address whether the association […]

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Community Update – December 2018

As 2018 comes to a close, we look back at a selection of our most popular Community Update articles. From changes in law to navigating and implementing rules for your association, here are the top five most read articles from this year. For those concerned with regulating smoking in the common areas of your association, Smoking […]

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Special Assessment Leftover Funds Must Be Returned or Credited To Account

Q: Our condominium association board levied a special assessment for Hurricane Irma damage. Our insurance claim settled for more than we expected, resulting in an excess of funds due to the special assessment. What happens to this leftover money? (S.S., via e-mail) A: Sections 718.116(10) of the Florida Condominium Act provides that funds collected from […]

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Community Update – October 2018

Fear not! We’ve got nothing here to scare you. Rather than something spooky on Halloween, we’re aiming for items that are helpful to clarify or ease the board member or management responsibilities you have for your community. So yes, it’s a treat! Our first article, Term Limit Law Continues to Spark Controversy, takes a look […]

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President Not A Tie-Breaker

Q: Recently, a member of our board of directors resigned, leaving my condominium association with six board members. The board met in a closed meeting to consider appointing someone to fill this vacancy The board voted three times to appoint a person to fill the vacancy and each time the vote was tied at three […]

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Board Spending Authority Not Unlimited

Q: My condominium association has a number of committees including a social committee. Recently there was a discussion at a board meeting concerning the association paying for certain social committee activities, including providing food and drinks at parties. However, the board stated that it cannot use the association’s funds to pay for social events and […]

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Committees Not Required by Law

Q:  I have served on my condominium association’s landscape committee for the past several years. The committee is responsible for reviewing the association’s landscaping, coordinating with our landscape contractor, and making suggestions to the board.  At a recent board meeting, the new board, which was elected a few months ago, discussed the status of all […]

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Board Cannot Vote by Email

Q: My condominium association recently engaged an attorney and a question has come up as to whom the attorney represents, the association, the board members, the management company, the owners, or all of the above. Who is the attorney’s client? (G.F. via e-mail) A: The attorney represents the association as a corporate entity and does […]

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Board President Should Vote

Q: There is some confusion when the president of my association is required to vote. Does the president vote whenever the rest of the directors vote on an issue, or is the president only supposed to vote in order to break a tie? (V.B.) A: The board president is almost always a director and most […]

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“Non-Vote” Can Be A “No Vote”

Q: The declaration of covenants for our homeowners’ association says that it can be amended by a “two-thirds vote.” There are 120 lots in our community. Most people believe that we need 80 votes (two-thirds of all lots) to amend this document. There is a “parliamentarian” on our board. He argues that under Robert’s Rules […]

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HOA Governing Documents Explained

Q: I recently purchased a home in a development that is under a homeowners’ association. When I purchased, I received “the documents” for our community. I am confused how these documents relate to each other and what the different documents are supposed to mean. Can you clarify the differences between the documents for me? I […]

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Seven Becker Attorneys Recognized as Florida Legal Elite

Becker is proud to announce that seven of our shareholders were recently recognized in the 2018 edition of Florida Trend’s Florida Legal Elite™.  Alan Becker, Steve Lesser and Ken Direktor from our Ft. Lauderdale office, Marilyn Perez-Martinez and Hugo Alvarez from the Miami office, Gary Schaaf from our Tampa office, and Joseph E. Adams from […]

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28 Becker Attorneys Named as Super Lawyers

Becker proudly congratulates our attorneys selected as Super Lawyers. As of 2018, we boast 28 lawyers who have received this prestigious designation. Please click on their names to read more about each of these attorneys. Super Lawyer Recipients: Joseph E. Adams*, Real Estate (Office Managing Shareholder, Fort Myers/Naples) Hugo V. Alvarez, Insurance Coverage Disputes, Real Estate […]

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Can or Should Community Associations Impose Firearm Regulations through Governing Documents

The recent senseless slaughter of school children in Parkland, Florida has fueled and reignited the long-simmering debate about gun control in our society. Community associations are not immune to violent tragedies, including gun deaths. We are all familiar with the case involving Trayvon Martin, a teenager who was shot and killed by a neighborhood watch […]

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22 Becker Attorneys Board Certified in Condominium and Planned Development Law

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 having […]

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Legislative Review Wrap-Up

This week we conclude our annual review of 2018 legislation affecting Florida community associations, with a review of the amendments to Chapter 712 of the Florida Statutes, the Marketable Record Title Act, or MRTA, which become effective on October 1, 2018. MRTA is primarily intended to facilitate real estate transactions, by eliminating “stale claims” against […]

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Legislative Review Continues

Today’s column continues our annual review of legislation affecting Florida community associations, effective July 1, 2018. E-Mail Communication by HOA Board Members Members of the board may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. This change makes the law for all three types […]

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Continuing Legislative Review

Today’s column is the fourth installment of our annual review of the new laws affecting community associations and will continue our review of the new laws affecting cooperatives, which will become effective July 1, 2018. So far we have looked at changes to the Cooperative Act involving official records and board member eligibility. Cooperative Meeting […]

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Continuing Legislative Review

Today’s column is the third installment of our annual review of the new laws affecting condominium associations and will begin to review the new laws affecting cooperatives, which will become effective July 1, 2018. So far we have looked at changes to the condominium laws involving official records, websites, financial reports, meeting notices, term limits, […]

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16 Becker & Poliakoff Attorneys Named 2018 Florida Super Lawyers/Rising Stars

FORT LAUDERDALE, Fla. – February 6, 2018 – Becker & Poliakoff today announced that 16 of its attorneys have been named as top lawyers in the state for 2018 by Florida Super Lawyers. Here are the Becker & Poliakoff attorneys designated as Florida Super Lawyers and Rising Stars: Super Lawyer Recipients: Joseph E. Adams*, Real Estate […]

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Five Becker & Poliakoff Attorneys Recognized as Florida Legal Elite

Becker & Poliakoff is proud to announce that five of our shareholders were recently recognized in the 2017 edition of Florida Trend’s Florida Legal Elite™.  Alan Becker, Steve Lesser and Ken Direktor from our Ft. Lauderdale office, Steve Mezer from our Tampa office, and Joseph Adams from the Fort Myers office were among the list of 1,080 honorees, published in the July issue of […]

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15 Becker & Poliakoff Attorneys Named 2017 Florida Super Lawyers/Rising Stars

FORT LAUDERDALE, Fla. – June 8, 2017 – Becker & Poliakoff today announced that 15 of its attorneys have been named as top lawyers in the state for 2017 by Florida Super Lawyers. Here are the Becker & Poliakoff attorneys designated as Florida Super Lawyers and Rising Stars: Super Lawyer Recipients: Joseph E. Adams*, Real Estate […]

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Defending (My) Our Castle: A Look at Gun Regulation by Community Associations

On September 6, 2012, David Merritt, president of the Spring Creek Homeowners Association, called a homeowners association meeting to order. Approximately 30 minutes later, Merritt, and former president of Spring Creek Marvin Fisher, would be fatally shot by their neighbor, Mahmood Hindi. The dispute between Hindi and Spring Creek involved an unapproved driveway and fence […]

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Florida Trend Names Six Becker & Poliakoff Attorneys as Legal Elite

Now in its 13th year, Florida Legal Elite presents a prestigious roster of attorneys chosen for recognition by their peers. The 1,144 lawyers listed in this section exemplify a standard of excellence in their profession and by so doing, have garnered the respect and esteem of their colleagues. The following attorneys have been selected by […]

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Becker & Poliakoff Attorneys Named to 2014 Florida Trend Legal Elite

FT. LAUDERDALE, July 29, 2014 – Becker & Poliakoff is proud to announce that five of its shareholders were named to the 2014 edition of Florida Trend’s Legal Elite listing. The attorneys chosen by their peers for this recognition are considered among the top two percent of lawyers practicing within the state. Joseph E. Adams, managing […]

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Becker & Poliakoff Shareholders Inducted Into Florida Trend Legal Elite “Hall Of Fame”

FT. LAUDERDALE, FL, July 24, 2013 – Becker & Poliakoff is proud to announce that three of its shareholders have been recognized with “Hall of Fame” induction as part of the 2013 Florida Trend Florida Legal Elite listing. The Florida Trend Legal Elite honors the top lawyers in the state as selected by their peers.  As […]

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Becker & Poliakoff Issues Open Letter to Florida Legislators Regarding HB 319

New Condominium Legislation Seeks to Curb Predatory Collection Agency Practices and Mounting Lawsuits Against Associations For Immediate Release Media Contact: Alan Penchansky The Pen Group Communications Tel: (305) 529-1944 email: alan@thepengroup.com FT. LAUDERDALE, FL, Feb 16, 2012 – Becker & Poliakoff today made public an Open Letter Regarding HB 319 issued to Florida’s legislators by Joseph Adams, managing shareholder in […]

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Exclusive 2010 “Florida Super Lawyers” Rating Goes to Becker & Poliakoff Attorneys

Annual Thomson Reuters Rankings Based on Peer Recognition and Professional Achievement For Immediate Release Media Contact: Alan Penchansky The Pen Group Communications Tel: (305) 529-1944 email: alan@thepengroup.com   FT. LAUDERDALE, FL, June 21, 2010 – Becker & Poliakoff, P.A. today announced that several attorneys were selected for inclusion in the exclusive 2010 “Florida Super Lawyers” and the […]

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Becker & Poliakoff Attorneys Joseph E. Adams and Herbert Brock, Jr. Named “Florida Super Lawyers”

Annual Rankings Based on Peer Recognition and Professional Achievement For Immediate Release Media Contact: Alan Penchansky The Pen Group Communications Tel: (305) 529-1944 email: alan@thepengroup.com FT. MYERS, FL, June 18, 2010 – Becker & Poliakoff, P.A. today announced that shareholders Joseph E. Adams and Herbert Brock, Jr., attorneys in the firm’s Southwest Florida practice, were selected for the 2010 Florida […]

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