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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Everything You Need to Know About Concrete Restoration Projects with Alessandra Bianchini, of Carousel Development and Restoration Inc.

For more episodes of Take It To The Board, click here! At some point, every building will require concrete repairs and restoration. If you’ve ever undertaken a concrete restoration project, you’re aware of the many challenges they entail:  substantial costs, lengthy time delays, irritation over hurricane shutters, windows and doors, uncooperative owners and the potential […]

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Understanding How to Handle your Association’s Insurance Claim with Public Insurance Adjuster Ken Shriberg

For more episodes of Take It To The Board, click here! Various types of casualty events, including fires, floods, explosions, windstorms, and even the unavoidable burst water pipe, will likely occur at some point in your community’s lifespan which means your board will have to submit an insurance claim. That process can make your association […]

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Community Update – February 2024

This issue of CUP features a helpful guide for board members, information on new term limits, and tips to save money on your property taxes. Don’t miss our featured podcast episode, “Navigating Defamation Lawsuits and Non-Compete Clauses!” Employers are relying more and more on independent contractors instead of employees. While using independent contractors can have […]

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Not In My Backyard! Regulating Short-Term Vacation Rentals with Texas Attorney David Schwarte

For more episodes of Take It To The Board, click here! It’s a complex issue that is reshaping neighborhoods and communities across the country. We are talking about Airbnb, a homestay rental experience that has quickly become a major disruptor in the global hospitality industry. It’s also become a major security concern in many private […]

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Navigating Defamation Lawsuits and Non-Compete Clauses with Keith Grumer, of Grumer Law

For more episodes of Take It To The Board, click here! The topic of defamation has become more prevalent as civil discourse has eroded. Unfortunately, sometimes it is the rare board member and/or manager who has not been subject to some form of potential slander or libel throughout their course of community association service. Host Donna […]

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Take It To The Board Podcast Ranks in the Top 10% of Most Popular Podcasts by Listennotes.com

Becker is thrilled to announce our Take It To The Board podcast ranks in the top 10% of most popular podcasts globally by podcast search engine and database, ListenNotes.com.  Additionally, the podcast’s listen score, a metric that shows the estimated popularity compared to all public podcasts in the world, ranks 28. There are more than […]

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CALL ALERT: Strike-All Amendment to HB 1021

Representative Lopez’s HB 1021 just passed the Regulatory Reform & Economic Development Subcommittee with a strike-all amendment without objection and will be heard next in the State Administration & Technology Appropriations Subcommittee. The Senate counterpart to this bill, Senator Bradley’s SB 1178, does not currently match up.

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Everybody’s Sick: The Best Ways to Prevent Illness in a Multifamily Community with Dr. Jason Mansour of Broward Health

For more episodes of Take It To The Board, click here! Does it seem like everyone around you is coughing, sniffling, or under the weather? It’s no coincidence—we’re currently in the middle of cold and flu season. Join Donna DiMaggio Berger and guest Dr. Jason Mansour, Chair of Emergency Medicine at Broward Health, to learn the best ways […]

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Community Update – January 2024

The 2024 Legislative Session promises to bring sweeping changes to community association operations throughout Florida. In this issue of CUP, we highlight which bills we are watching, the Corporate Transparency Act, and the possibility of self-insurance. Don’t miss our weekly online legislative briefing with Bryony Swift. Also featured this month is our popular podcast, Take […]

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CALL ALERT: Fresh News on The Estoppel Bill (CS/SB 278)

This is the second in a series of weekly updates, each focusing on a Bill that we at CALL believe deserves your close attention. To those of you who answered our call to reach out to legislators on the Senate Fiscal Policy Committee last week, thank you. The Senate Fiscal Policy Committee adopted a strike […]

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CALL ALERT: The Estoppel Bill – Throwing the Baby Out with the Bathwater

As you may know, the 2024 Legislative Session commenced last Tuesday and promises to be one of the most active in recent memory.  This alert is the first in a series of weekly updates, each focusing on a Bill that we at CALL believe deserves your close attention.  The first Bill we will focus on […]

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Practical Policies & Protocols Your Board Needs to Adopt with Claude Jennings, Jr.

For more episodes of Take It To The Board, click here! What’s the secret to a highly functioning community association? Host Donna DiMaggio Berger and Take It To the Board’s producer, Claude Jennings Jr. look back on Take It To The Board’s 2023 season and revisit some of the most important conversations about community association living while answering listener […]

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CALL ALERT: 2024 Legislative Session Gets Underway!

The 2024 Legislative Session begins this week, on Tuesday, January 9, 2024, and promises to bring sweeping changes to community association operations throughout Florida. Today’s CALL Alert provides our clients with an update on the bills filed to date, and lets you know which ones we are watching closely as they pass through the committee […]

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“Is Self-Insurance Possible For Community Associations?” – Florida Community Association Journal

Insurance premiums have always constituted a significant percentage of most community association budgets, but astronomical increases in recent years have completely changed the budget landscape. In addition to unaffordable premiums, many insurers are denying full replacement cost coverage, demanding roof replacement for roofs that are still functioning, and/or pushing for complete exterior hurricane protection in […]

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Eyes Everywhere – Understanding Community Surveillance Options with Louis DiGioia of IC Real Time

For more episodes of Take It To The Board, click here! Ever wondered how a camera can pick out a face in the crowd or if that gym security camera is a watchful guardian or an intrusive eye? Discover the intricate dance between security and privacy in our neighborhoods, as host, Donna DiMaggio Berger, sits down […]

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Community Update – December 2023

A new year means new goals! As we turn the corner into 2024, this issue of CUP spotlights helpful tips so your community association can start the year off right. This includes adoption of the annual budget, a review of new legislation, and the responsibilities of residents in communal situations. Don’t miss our featured podcast […]

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Mission Complete! Becker’s Board Member Bootcamp Dubbed a Huge Success

   “I think every member of the board should attend these”   “An engaging presentation”   “The content is great”   “This gets us excited to be board members”   “I’ve learned so much”   On November 14, more than 150 board members and managers from across South Florida gathered in Davie for Becker’s […]

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Contemplating Condo Terminations with John Cadden of the Condominium Advisory Group

For more episodes of Take It To The Board, click here! Is your older, cash-strapped condominium or cooperative association contemplating a termination and/or sale to a developer? The once rare ideas of a termination and sale have now become much more common as community members struggle to maintain, repair and insure older buildings. Host Donna DiMaggio […]

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2024 Edition of The Best Lawyers in America Recognizes 34 Becker Attorneys

The 2024 edition of The Best Lawyers in America®, one of the oldest and most revered peer review publications, recognizes 34 Becker attorneys across the Firm’s practices. Our own Steven B. Lesser, was also recognized as Lawyer of the Year, a distinction based on the highest overall peer feedback for their specialty and location. Lesser […]

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The B Word: Bankruptcy, Its Benefits and Challenges with Attorney Jeffrey Bast

For more episodes of Take It To The Board, click here! This episode of Take It To The Board sheds light on a legal process that may be needed to help both struggling associations and their individual members. In these challenging economic times, more people are asking whether filing for bankruptcy protection is the right […]

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Community Update – November 2023

As 2023 comes to an end, community associations are beginning to plan for the coming year. This issue of CUP provides helpful insight so your community can put its best foot forward. Whether you’re looking to combine operating funds with reserve money, struggling with the property insurance crisis, or need a new online voting platform, […]

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Show Me the Money: Investment Strategies with Michael Coady and Kenny Polcari of Slatestone Wealth

For more episodes of Take It To The Board, click here! Financially strapped community associations are always looking for new revenue sources but is a sound investment strategy a possible path to avoiding large budget increases or special assessments? In this episode, host Donna DiMaggio Berger, along with investment gurus Michael Coady, Chief Strategy and Growth Officer for […]

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Saving Lives in Your Community Association: Defibrillators (AEDs), Bleeding Control Kits (BCKs), and CERTs with Dr. Jason Mansour

For more episodes of Take It To The Board, click here! Does your community association have an Automated External Defibrillator (AED) or a Bleeding Control Kit (BCK) on hand in the worst-case scenario and do you have trained people on hand to use these devices? Do you have a gym, pickleball/tennis courts, and other recreational […]

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Webinar: Fixing Florida’s Property Insurance Crisis

 An unprecedented number of property owners in the Sunshine State are being abruptly dropped by their long-time carriers. Others are seeing premium rates increase by as much as 200% (or more!) while having to replace their roofs or pay for other expensive upgrades just to stay insurable. What can be done to fix this […]

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Community Update – October 2023

Special Notice TEN-HUT BOARD MEMBERS AND MANAGERS! The Buzz is in the air… Becker’s Board Member Boot Camp is RIGHT AROUND THE CORNER! Join us on Tuesday, November 14, from 9:30AM – 3PM EST, at the Signature Grand, in Davie, Florida. Come prepared to be put through your paces by veteran community association attorneys, Donna […]

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Pesky Critters in Your Community? Top Tips From Wildlife Expert and Trapper Todd Hardwick

For more episodes of Take It To The Board, click here! As developers continue to build at a brisk pace, community association residents often find themselves sharing space with all types of wildlife including the good, the bad and the dangerous! What would you do if you spotted an alligator in your community pool?  How […]

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Boot Camp for Board Members: Army Vet, PCAM and Becker Shareholder, Howard Perl, Discusses the Benefits of Rigorous Board Member Education

For more episodes of Take It To The Board, click here! This week, our guest and Becker Shareholder, Howard Perl, sits down with host Donna DiMaggio Berger to share his experiences as both an army veteran as well as a successful PCAM before going to law school later in life. Howard recounts his unique journey from joining the […]

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Community Update – September 2023

Fall is officially here which means busy season is upon us. This month, we spotlight timely articles to help your board succeed in the coming months. Our featured articles explore various topics from board term limits and upgrading your documents to reserves and special assessments. Don’t miss our newest episode of Take It To The […]

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Checking In On Background Checks: What’s In, What’s Out and What’s Questionable? with Robert E. Sanchez of Sarma

For more episodes of Take It To The Board, click here! Does your community perform background checks on potential purchasers and potential renters? Do your community residents expect their neighbors to be screened for safety and financial capacity purposes?  Join Donna DiMaggio Berger and guest Robert Sanchez, a seasoned professional from SARMA, as they unravel the complex world […]

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Lessons in Leadership – A Discussion with Becker’s Managing Partner, Gary Rosen

For more episodes of Take It To The Board, click here! Get set for an insightful exchange as host Donna DiMaggio Berger dives into the world of effective leadership with guest, Gary C. Rosen, Managing Shareholder and the commanding force behind Becker & Poliakoff. Donna and Gary discuss what leadership truly means, and the qualities one must possess to […]

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“Florida Anti-Mandate Law About Masks, Vaccinations Imperils Senior Communities” – The Palm Beach Post

In her Op-Ed, “Florida anti-mandate law about masks, vaccinations imperils senior communities” published in the August 25, 2023, Palm Beach Post, Becker Community Practice Group Shareholder Donna DiMaggio Berger weighs in on how a new Florida law effectively ties the hands of community associations that want to keep their common areas safe and open during […]

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Community Update – August 2023

Hurricane Idalia is reported to be the worst hurricane to make landfall in Florida’s Big Bend in 100 years. Our hearts are with everyone affected and we are always here to help. Our website contains a significant amount of educational information for your community. Should your property incur damage, the firm’s affiliated public adjusting company, Association […]

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

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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Legal Resilience – Fostering A Growth Mindset for Lawyers Amidst Mental Health Realities with Professor Marcia Narine Weldon, Director of Transactional Skills Program and Lecturer at the University of Miami School of Law

For more episodes of Take It To The Board, click here! Does being an attorney make you unhappy? Could the legal profession be the root cause of your stress? Join host Donna DiMaggio Berger and guest Professor Marcia Narine Weldon as they pull back the curtain on the high-pressure legal industry, exploring its impact on mental health and offering […]

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We’re Having a Heat Wave – The Physical and Mental Impacts from Extreme Heat and What Your Community Should Do with Dr. Jason Mansour, Medical Director at Broward Health Medical Center’s Emergency Department

For more episodes of Take It To The Board, click here! Brace yourself for a deep dive into the hot issues surrounding extreme summer heat with host, Donna DiMaggio Berger, and guest Dr. Jason Mansour, Medical Director at Broward Health Medical Center’s Emergency Department. Together, they discuss the physical and mental impact of extreme heat events. This […]

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Community Update – July 2023

The 2023 Legislative Session brought significant changes for community associations in Florida. In this issue, we aim to provide you with a thorough review and understanding of these new laws. From multifamily property safety to the preparation and response of natural disasters, we provide practical tips to help you understand these new changes. Don’t miss our featured podcast episode, […]

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Examining the Challenges Community Association Attorneys Face and the Corporate Responsibility Community Associations Shoulder with Marcia Narine Weldon, Law Professor

For more episodes of Take It To The Board, click here! This week, in Part I of a two-part series, Donna DiMaggio Berger and guest Marcia Narine Weldon, Harvard Law School graduate and University of Miami School of Law professor, explore the intricate intersection of corporate responsibility, consumer rights, and the increasing influence of ESG (Environmental, Social, and […]

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Preparing for Extreme Heat: The New Natural Disaster

The word “hot” has many connotations: it can reveal anger when you say someone is “hot around the collar”; it can invoke personal appeal or desirability “he’s so hot”; it can refer to a disorganized person or situation, hence the description as “a hot mess”; and can also be used to describe an emotional issue […]

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Is Truth Stranger Than Fiction Particularly When It Comes to the Community Association Lifestyle? with Marvin Nodiff, Former Community Association Attorney and Author

For more episodes of Take It To The Board, click here! Join us this week as host Donna DiMaggio Berger sits down for a fascinating conversation with Marvin Nodiff, a retired community association attorney and prolific fiction writer. Together, they dive into the world of Marvin’s eight novels based on the trials and tribulations of a dynamic young St. […]

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Community Update – June 2023

June’s edition of CUP brings a range of topics for managers and board members. Whether you’re wondering how SB 154 will impact your association, struggling with a unit owner who has not paid dues, or submitting an SBA loan application, we’ve got something for you. Discover an incredible journey through the eye of a storm as […]

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Surviving the Storm: A Journey Through Hurricane Ian and Beyond with Joseph E. Adams, Becker & Poliakoff

For more episodes of Take It To The Board, click here! What would you do if you found yourself in the eye of a devastating hurricane? This week, our guest and Becker Shareholder, Joseph E. Adams, sits down with Donna DiMaggio Berger and relives this very question when he rode out Hurricane Ian in his home on Fort […]

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CALL ALERT: Governor Signs Glitch Bill SB 154

Governor DeSantis signed the much anticipated Surfside Glitch Bill, SB 154, into law earlier today. This lengthy law will be the subject of future Becker webinars and classes as well as be featured in our 2023 Legislative Guidebook along with more than a dozen other bills that passed this Session which may impact your community.

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Why Local Government Matters Most with Vice Mayor Sarai “Ray” Martin of Lauderhill

For more episodes of Take It To The Board, click here! In today’s episode, Donna DiMaggio Berger sits down with Vice Mayor Ray Martin of Lauderhill to discuss why it is important to keep most regulation at the local level – particularly in large, diverse states –rather than using a “one size fits all” solution at the state level. […]

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Community Update – May 2023

This edition of Becker’s Community Update highlights remote voting, managing your personnel, and constitutional rights. Don’t miss the 50th anniversary video that showcases Becker’s rich history and culture. Also featured this month is our Hurricane Preparedness and Recovery Guide. While we hope to be spared from the worst, it’s crucial that your community association is […]

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Guns, God, and Gab – A Constitutional Analysis with Jay Roberts, Esq.

For more episodes of Take It To The Board, click here! In today’s episode, Becker Shareholder Jay Roberts, who represents community associations and developers with respect to all aspects of creating and operating planned community developments throughout Northwest Florida, sits down with Donna DiMaggio Berger to discuss two thought-provoking questions: Should commonly accepted rules regarding signs, flags, and […]

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Donna DiMaggio Berger Celebrates 50th Episode with Business Attorney and Husband, Michael Berger

For more episodes of Take It To The Board, click here! This week, Take It To The Board is proud to release its 50th episode! This podcast was started with the goal of giving its listeners a glimpse into the inner workings of a community association including the good, the bad, and the ugly. Now, it is […]

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Community Update – April 2023

The 2023 Legislative Session has brought significant changes to Community Associations. In this Community Update, we address new restrictions on design and construction defect claims as well as recent amendments to the Florida Fire Prevention Code. Don’t miss the latest podcast featuring Dr. Esber Andiroglu, Professor Harold R. Wanless, and Donna DiMaggio Berger on the […]

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CALL ALERT: New Law Limits Premises Liability Related to Criminal Activity

A new law, which became effective on March 24, 2023, is intended to limit the liability of the owner or principal operator of a multifamily residential property for criminal acts that occur on the premises which are committed by third parties who are neither employees nor agents of the owner or operator.

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Navigating the Negative Impacts of Sea Level Rise with Professor Harold R. Wanless and Dr. Esber Andiroglu

For more episodes of Take It To The Board, click here! Professor Harold “Hal” R. Wanless, Chair of the Department of Geological Sciences at the University of Miami and Dr. Esber Andiroglu, Associate Professor of Practice in the Department of Civil, Architectural, and Environmental Engineering with a secondary appointment at the School of Architecture at the […]

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CALL ALERT: Fire Sprinkler/ELSS Update for High-Rise Buildings

If you own a unit in a high-rise condominium or manage such condominiums, you are likely aware that the Condominium Act requires that the condominium buildings must be retrofitted with a fire sprinkler system or an engineered life-safety system (ELSS). The Condominium Act provides that the local authority having jurisdiction (AHJ) may not require completion […]

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“Veto SB 360, Gov. DeSantis. It Makes Residents in Older Condo Buildings Less Safe” – Miami Herald

Last year, the Florida Legislature passed SB 4-D with the stated purpose of safeguarding the millions of Floridians living in older multifamily buildings. Known as the Condo Safety Law, SB 4-D requires periodic engineering inspections for buildings three stories and higher and mandates that associations reserve funds to pay for ongoing maintenance and repair projects. […]

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Pickleball Mania and How it is Affecting Your Community with CA Messana

For more episodes of Take It To The Board, click here! More and more condominiums and HOAs are converting tennis and shuffleboard courts into pickleball courts but is everyone happy about the “pickleball mania” that has seized the nation? Join us this week as host, Donna DiMaggio Berger sits down with guest, CA Messana, a member of Team […]

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CALL ALERT: DeSantis Must Veto SB 360 – Proposed Law Contradicts New Safety Standards and Places Financial Burden on Homeowners

Last year, the Florida Legislature passed SB 4-D with the stated purpose of safeguarding the millions of Floridians living in older multifamily buildings. Known as the Condo Safety Law, SB 4-D requires periodic engineering inspections for buildings three stories and higher and mandates that associations reserve funds to pay for ongoing maintenance and repair projects. […]

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Community Update – March 2023

This month, we shine a spotlight on potential issues for community associations. From developer turnover to litigation to new laws regarding emotional support animals, we provide practical guidance to help steer you and your community in the right direction. Holding political events are afforded a limited degree of protection under the Florida Condominium Act. Marty […]

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Copyright Consequences You Need to Know with Dave Davis and Scott Templeton of Motion Picture Licensing Corporation

For more episodes of Take It To The Board, click here! Donna DiMaggio Berger sits down with Chief Commercial Officer, Dave Davis, and Key Accounts Licensing Manager, Scott Templeton of Motion Picture Licensing Corporation (MPLC) to discuss the proper licensing needed when playing or streaming copyrighted work in community association common areas. That’s right – if you have music […]

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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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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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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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Candid Conversations on Community Association Living

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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“Donna DiMaggio Berger Discusses New Condo Safety Regulations” – CBS12 News

With numerous deadlines approaching following the collapse of Champlain Tower South in Surfside, Donna DiMaggio Berger, Shareholder and Community Association Practice attorney sat down with CBS12 News Investigative Team to discuss what condo owners should be doing to prepare.  Safety is paramount for those living along the water, but one thing the bill didn’t take […]

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The Impact of Construction Next Door on Your Community with Katie Berkey, AICP, Becker & Poliakoff

For more episodes of Take It To The Board, click here!   This week, Becker Shareholder Kathleen “Katie” Berkey, AICP, sits down with Donna DiMaggio Berger and explains how she helps clients deal with all sorts of issues related to their property. As Mark Twain once said, “Buy land, they’re not making it anymore,” and truer words have […]

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Combatting Growing Hate Crimes Inside Community Associations with Sarah Emmons, the Florida Regional Director of the Anti-Defamation League

For more episodes of Take It To The Board, click here!   This week, Donna DiMaggio Berger sits down with Sarah Emmons, the Florida Regional Director of the Anti-Defamation League (ADL), to discuss recent incidents of hate symbols being placed inside community associations, how antisemitism takes root and what can be done to combat it. Specifically, Sarah and […]

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Community Update – January 2023

We hope that 2023 is off to a wonderful start! This month, we work through a wide array of issues so that you can rest assured your association is beginning the new year on a high note. There are very specific statutory requirements for levying a special assessment in a condominium. Mark Friedman provides helpful […]

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Are “55 and Older” Communities Still In Demand? What Must Be Done to Preserve Your Senior Lifestyle? An Engaging Discussion with Mark Friedman, Becker & Poliakoff

For more episodes of Take It To The Board, click here! This week, Becker Shareholder Mark D. Friedman, who provides legal counsel to condominium, homeowner and cooperative associations, sits down with Donna DiMaggio Berger to discuss “Housing for Older Persons” communities including their legal requirements for establishment and whether these communities have the same appeal today as […]

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The Art of Negotiating the Best Telecommunication Deal for Your Community With Marcie Gershoni, President at Community Cable Consultants

For more episodes of Take It To The Board, click here! Marcie Gershoni, President at Community Cable Consultants, is an experienced Cable professional having worked as an account executive for Comcast and then in the Cable Consulting field.  Marcie has been involved with the telecommunications industry from both sides of the aisle as the provider […]

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Community Update – December 2022

As 2022 comes to an end, we look back at our most popular articles this year. Read on for helpful information on statutory and non-statutory reserves, estoppel fees, and so much more. We look forward to another productive year together and wish you continued success in 2023! TOP 5 COMMUNITY UPDATE ARTICLES OF 2022 Given […]

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Radical Self-Care Can Change the World with Shelly Tygielski, Founder of Pandemic Love

For more episodes of Take It To The Board, click here! Today’s guest is unlike any other. A teacher, public speaker, and author, Shelly Tygielski, is a self-care activist and community organizer helping leaders to do the “inner work” of radical self-care to create mindful communities. After spending nearly 20 years in Corporate America, working for and leading Fortune 1000 organizations, including one of the largest community association […]

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CALL ALERT: Special Legislative Session on Insurance

While many communities are in the process of adopting a budget with significant increases, primarily due to increased insurance premiums, the Florida Legislature is meeting in Special Session to attempt to address the property insurance crisis in our State. Here are some of the highlights from SB 2-A and HB 1-A which are currently being […]

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Mitigating Reputational Risk with Laura Guitar, President of Reputation & Risk Advisors

For more episodes of Take It To The Board, click here! Condo and HOA battles make the news fairly frequently and when they do, volunteer board members, managers and residents need a crash course on how to interact with the media on a moment’s notice. Laura Guitar, President of marketing communications firm, Reputation & Risk Advisors, […]

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Community Update – November 2022

We hope you had a wonderful Thanksgiving holiday. We are tremendously grateful to you and all of our clients, colleagues, and friends. In this month’s edition of CUP, we discuss a wide array of topics from elections to adopting an annual budget, and don’t miss our special feature (podcast) to hear an engineer’s perspective on implementing Florida’s new condo […]

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“Power Players: Becker & Poliakoff” – The Boca Raton Observer

Community Association Attorney Attorney Donna DiMaggio Berger is passionate about representing condominium and homeowners associations throughout Florida by helping them to efficiently and effectively operate their communities. Berger, a shareholder at Becker, helps volunteer board members and their managers tackle tough challenges, including rising insurance rates, costly maintenance and repair projects, governing document updates and […]

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An Engineer’s Perspective on Implementing Florida’s New Condo Safety Law with Tim Marshall, Founder and President of A.T. Design

For more episodes of Take It To The Board, click here! Tim Marshall, a Florida Registered Professional Engineer, Florida Building Inspector, and a Special Inspector, sits down with host Donna DiMaggio Berger and discusses just how busy his days have become since the passage of SB 4D, the new safety law in Florida requiring thousands of older […]

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Becker Counted Among the Top 25 Corporate Philanthropists of South Florida for the Second Year in a Row

Delivering platinum service to our clients and community is at the very heart of Becker, and we are thrilled to be counted among the top 25 corporate philanthropists of South Florida as recognized by the South Florida Business Journal for the second year in a row. Becker attorneys and professionals are heavily involved in charitable […]

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Fighting Fraud, Combating Cons, & Protecting Peace with Michael Reiter, Michael Reiter Associates

For more episodes of Take It To The Board, click here! Did you know that shared ownership communities are prime targets for con artists and fraudsters? And that even the best association employee can be tempted to join those ranks? Former Palm Beach Police Chief Michael Reiter tells host Donna DiMaggio Berger that the most […]

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2022 Legislative Guide Now Available Online

The Florida Special Session produced the most sweeping legislation affecting condominium and cooperative associations in decades. SB-4D, known colloquially as the Condo Safety bill, became law on May 26, 2022. This law requires periodic engineering inspections and a new structural integrity reserve study for buildings three stories or higher. While SB-4D naturally has garnered the […]

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Webinar: Concerns Regarding Construction Next Door

 The webinar is designed to teach volunteer board members and managers what concerns they should be aware of and what steps they need to take when new development near an existing community is contemplated and ultimately undertaken. Panelists will discuss: What an existing community can do to mitigate the impact of new construction The […]

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Community Update – October 2022

Becker is deeply saddened by the devastation caused by Hurricane Ian. Ian has taken lives, destroyed homes and property, and ravaged entire infrastructure systems of towns and cities. As we turn our eyes to recovery, Becker is hosting a webinar on Wednesday, November 9 at 12:00 PM EST to review important information on how to […]

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Elevators & Electric Vehicle Charging Stations with Todd Schwartz, Connections Elevator

For more episodes of Take It To The Board, click here! If you’re in the elevator business, the effortless and constant up and down momentum means business is good. But for community association boards and residents, elevator safety, maintenance, and even innovation can truly test one’s sanity. Host Donna DiMaggio Berger challenges featured guest Todd […]

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Alternative Dispute Resolution with Jeffrey Streitfeld, Mediator

For more episodes of Take It To The Board, click here! When there’s a dispute that can’t be resolved amicably, lawsuits are not the only option. Mediation and arbitration are often used to save both sides considerable amounts of time and money. In this episode of Take It To The Board, host Donna DiMaggio Berger […]

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Parliamentary Procedure: How to Keep Your Meetings on Track with Parliamentarian Jim Slaughter

For more episodes of Take It To The Board, click here! Are Robert’s Rules of Order the best way to keep board and membership meetings on track? What are the other uses for this book, which was first published in February of 1876? In this episode of the Take It To The Board podcast, host […]

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Taxes, Taxes, and . . . Fewer Taxes with Marty Kiar, Broward County Property Appraiser, Part II

For more episodes of Take It To The Board, click here! In this second of our two-part episode, host Donna DiMaggio Berger and Marty Kiar, Broward County’s Property Appraiser, continue their conversation about how properties in the county are appraised, how those appraisals can change over time and why Marty’s Office is a helpful resource that all of […]

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“Mixed Messaging on Solar Panels Penalizes Florida Homeowners Seeking to Save Energy” – Miami Herald

In this op-ed for the Miami Herald, Becker Shareholder Donna DiMaggio Berger, dissects the conflict that solar panels can cause between insurers and homeowners. While homeowners do have a right, insurers often cite risk of injury, the use of the building for commercial purposes, and the risk of roof uplift during heavy winds. Until Florida’s […]

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Community Update – August 2022

This month’s edition of CUP is packed with insightful information. In addition to our featured articles, be sure to check out new episodes of the Take it to the Board Podcast including conversations with community association professional coach, Carmelo Millimaci, and Broward County Property Appraiser, Marty Kiar. Also, find out why it’s important to do your due […]

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CALL ALERT: Upcoming Deadline for Elevator Upgrades

By December 31, 2023, safety door closing devices must be installed on all elevators in Florida. These requirements originated with the DBPR and were incorporated within the Florida Administrative Code and the Florida Building Code. On March 23, 2021, the DBPR adopted Section 61C-5.001, Florida Administrative Code, which incorporates several provisions of the American Society […]

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Taxes, Taxes, and . . . Fewer Taxes with Marty Kiar, Broward County Property Appraiser, Part I

For more episodes of Take It To The Board, click here! With Trim Notices having just gone out to Broward County property owners, our conversation with Marty Kiar, Broward County’s Property Appraiser, is especially timely. Marty’s Office serves Broward’s two million residents. He is a lifelong resident himself, as well as an attorney, and has […]

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2023 Edition of The Best Lawyers in America Recognizes 33 Becker Attorneys

The 2023 edition of The Best Lawyers in America®, one of the oldest and most revered peer review publications, honors 33 Becker attorneys across the Firm’s practices. Two Becker attorneys, Joseph Adams and Sanjay Kurian, were also recognized as Lawyer of the Year, a distinction that comes with the highest overall peer feedback for their […]

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A Novel Approach: Coaching for Community Association Boards with Carmelo Millimaci, Senior Coach, Ackert Inc.

For more episodes of Take It To The Board, click here! Could volunteer board members do their jobs more effectively and less stressfully with the solid communication skills a professional coach can impart? In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with Carmelo Millimaci, Professional Certified Coach. He is […]

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CALL ALERT: New Building Form Required by Years’ End for Condo & Coop Buildings 3 Stories or Higher; Hurricane Preparation for All Communities

The Florida Division of Florida Condominiums, Cooperatives and Timeshares has just posted the form (which they have titled Building Report) which must be submitted by all Florida condominiums and cooperative associations with buildings that are three stories or higher. This information must be submitted ON OR BEFORE January 1, 2023. http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/building-report/ This Building Report form […]

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Florida Representative Dan Daley on How We Get the Laws We Get

For more episodes of Take It To The Board, click here! In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with State Representative Dan Daley, the Florida House or Representatives member for the district which includes portions of Coral Springs, Sunrise, Plantation, and Tamarac. He is the Democratic ranking member […]

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Heat Safety Tips for Employers

Record heat waves stretched across the U.S. this summer, but illness from exposure to heat is preventable. Employers have an obligation under the law to make sure employees have safe working conditions and should have a plan to protect them from heat-related illnesses. Here are few potentially life-saving tips! Be especially vigilant on the first […]

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To Lend or Not To Lend with Brewster Cole, First Vice President, Valley National Bank

For more episodes of Take It To the Board, click here! Florida community associations always need money for maintenance, repair, and capital improvement projects, but especially now with new safety laws in place, and Brewster Cole, First Vice President of Valley National Bank, is “the man with the money.” Brewster has spent 16 years lending […]

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Successful Community Association Living Starts With the Purchase Decision with Marisa DiLenge, Founder, DiLenge Real Estate Team (Part II)

For more episodes of Take It To the Board, click here! Is living in a community association the right fit for everyone? In this second of two installments, host Donna DiMaggio Berger speaks with Marisa DiLenge, founder of the DiLenge Real Estate Team. She has been a licensed real estate consultant since 1992. She is also a member […]

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Successful Community Association Living Starts With the Purchase Decision with Marisa DiLenge, Founder, DiLenge Real Estate Team (Part I)

For more episodes of Take It To The Board, click here! Is living in a community association the right fit for everyone? In this first of two installments, host Donna DiMaggio Berger speaks with Marisa DiLenge, founder of the DiLenge Real Estate Team. She has been a licensed real estate consultant since 1992. She is also […]

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Mapping the Terrain of Landscaping for Community Associations with Brian Steele, Director of Operations, East Coast Facilities

For more episodes of Take It To The Board, click here! Can you imagine getting 99 people to agree on the same sofa? That is similar to the tasks that lie before Brian Steele, Director of Operations at East Coast Facilities. Among other services, the company provides landscaping to residential communities throughout Florida. In this episode […]

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Webinar: 2022 Building Safety Law, SB 4D: You’ve Got Questions, We’ve Got Answers!

  The Florida Division of Florida Condominiums, Cooperatives and Timeshares has posted the form (which they have titled Building Report) which must be submitted by all Florida condominiums and cooperative associations with buildings that are three stories or higher.   This information must be submitted ON OR BEFORE January 1, 2023.   Click here to […]

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Assessing Collections with Joy Mattingly, Becker & Poliakoff

For more episodes of Take It To The Board, click here! In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with Becker Shareholder Joy Mattingly, who oversees Becker’s collection and foreclosure practice. Joy is an experienced litigator who represents all types of associations in collecting the delinquent assessments needed to […]

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CALL ALERT: New Tree Removal Law Goes Into Effect July 1st

Governor DeSantis signed SB 518 into law  May 18.  The bill further amends Section 163.045, F.S. to provide that a local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner has documentation from an arborist or landscape architect […]

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The Smoker’s Dilemma with Dennis Eisinger of Eisinger Law

For more episodes of Take It To the Board, click here! In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with Dennis J. Eisinger, who founded Eisinger Law in 1996 and serves as the firm’s managing partner. For the past four decades, he has represented all types of community associations […]

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The Current Crisis with Florida’s Real Property Insurance with Andrea Northrup, Vice President of Insurance Office of America (Part 2)

For more episodes of Take It To The Board, click here! Florida’s current property insurance industry is in crisis, and it’s one that has been years in the making. Private insurers are exiting the state at alarming numbers and Citizens is once again becoming the only option for many community associations. In Part 2 of […]

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CALL ALERT: Proposed Federal Legislation to Help Some Condo Owners Pay Special Assessments

As the one-year anniversary of the Surfside tragedy (June 24) approaches, thousands of Florida condominium and cooperative associations continue to assess their buildings’ structural integrity and maintenance needs. Boards who are moving forward with robust reserve funding and extensive repair projects can be met with strong resistance from members who simply cannot afford those items. […]

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The Current Crisis with Florida’s Real Property Insurance with Andrea Northrup, Vice President of Insurance Office of America (Part 1)

For more episodes of Take It To The Board, click here! Florida’s current property insurance is in crisis, and it’s one that has been years in the making. The pendulum has swung in a direction that is not advantageous for homeowners’ associations, and many may be faced with difficult decisions. Host Donna DiMaggio Berger and […]

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Community Update – March 2022

Florida’s 60-day legislative session recently concluded without passing any major community association legislation. Find out what happened in this month’s “Did You Know” feature, and for a deeper dive on the topic, tune in to the most recent episode of Becker podcast, “Take it to the Board with Donna DiMaggio Berger.” Construction projects, like life, […]

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2022 Legislative Session in Florida Wrap Up with Yeline Goin, Becker & Poliakoff

For more episodes of Take It To The Board, click here! Many task forces were convened in the aftermath of the Surfside tragedy, including one by the Florida Bar. All of those task forces urged the passage of new laws pertaining to reserve funding and engineering. However, the 2022 Legislative Session in Florida concluded on […]

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The 2022 Legislative Session. What Just Happened?

The Florida Legislature concluded the 2022 Session without passing any major community association legislation. Several counties and the Florida Bar convened task forces in the aftermath of the Surfside tragedy. Primary among the suggested legislative changes for multifamily buildings were periodic engineering inspections, reserve studies and reserve funding mandates.

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Keeping Cool With Jane Gilbert, Chief Heat Officer, Miami-Dade County

For more episodes of Take It To The Board, click here! It’s common knowledge that Florida is one of the hottest markets in the U.S. – whether you’re considering a personal lifestyle upgrade or a new environment for your business. But that influx of people and industry, coupled with the state’s numerous sunny days, is […]

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Community Update – February 2022

Becker’s Take it to the Board with Donna DiMaggio Berger podcast features a variety of guests including our very own attorneys from across the firm’s practice areas and offices. Check out this month’s “Did You Know” section for more information and to tune in to these insightful episodes that delve into everything from handling construction issues to […]

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Conversations on Community Association Living

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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Building Basics with Construction Counsel Patrick Howell

For more episodes of Take It To The Board, click here! Shoddy workmanship, whether in a new build or a retrofit, is the bane of any shared ownership community. And trying to avoid or recover from a bad construction job is one of the most important responsibilities a community association board can shoulder. Host and […]

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Ensuring Community Association Safety with Platinum Group Security

For more episodes of Take It To The Board, click here! With crime on the rise across the U.S., safety is a leading reason most people believe a shared ownership community is the best housing option. But featured guests Kevin Van Middlesworth (Founder, CEO) and Phil Huber (VP, Client Relations) from Platinum Group Security are […]

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Community Association Bills as of 2/2/22

As you read the bill summaries discussed below, please remember that these are NOT new laws and some of these bills have already been determined to be going nowhere. Most of the bill consolidation occurs the last week or two of Session which is currently scheduled to end on March 11.

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Community Update – January 2022

This month, we work through a wide array of issues, from trees to legal documentation, and even speeding tickets. Please feel free to join us at the 2022 CA Day & Trade Show hosted by the Central Florida Chapter of Community Associations Institute on February 11 in Orlando! In 1988, Congress pulled back some restrictions […]

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2022 Legislative Session is Underway

The Florida Bar’s Condominium Law and Policy Life Safety Advisory Task Force issued a comprehensive report on October 12, 2021. It was anticipated that many of the Task Force’s recommendations would be taken up as proposed bills by Florida legislators. The Florida 2022 Legislative Session commenced on January 11 and is expected to wrap up […]

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Community Update – December 2021

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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Becker Launches Interdisciplinary Sea Level Rise Advisory Team to Serve Florida’s Coastal Residents

As one of the first law firms in Florida to address the legal issues stemming from sea level rise, Becker is excited to announce its interdisciplinary Sea Level Rise Advisory Team which includes experienced and knowledgeable lawyers ready to assist our clients in preparing for the future. Our multifaceted team is comprised of specialists at […]

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Happy Holidays, Healthy Communities with Andrew Fortin, SVP, Associa

For more episodes of Take It To The Board, click here! In the community association world, nothing pits neighbor against neighbor faster than outdoor holiday decorations. Donna and Andrew wade into the hell of holiday décor complaints and challenges to offer thoughtful solutions that just might help both board members and residents enjoy the festive […]

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Webinar: Navigating the Special Assessment Minefield

This program is not eligible for CEU credit or certificate of completion. Many associations are looking to undertake major renovation and repair projects in 2022 and special assessments will be needed in many cases to fund those projects. Our webinar will answer your questions about the process your board must follow to levy a special […]

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The Making of A Manager with Otto Freund

For more episodes of Take It To the Board, click here! If you thought property management centered on overseeing the upkeep of a property or building, you’re not alone in that misconception. According to Otto Freund, serving as a community association manager (CAM) is, instead, all about managing people and providing quality customer service to […]

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Community Update – November 2021

This month, our featured articles explore various topics from fuel station installation to reserves for HOAs. Also, be sure to check out the “Did You Know” section – Becker’s been nominated for a Diamond Level Readers’ Choice Award from the Florida Community Association Journal (FLCAJ) in recognition of our commitment to the success of shared […]

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Heart of Service, Spirit of Gratitude with Stephanie Maher

For more episodes of Take It To The Board, click here! Are volunteer community association board members at the top of your thankful-for list? They are for Donna DiMaggio Berger, who counts their tremendous service during (and in what we hope are the waning days of) the pandemic right up there with the love and […]

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Becker Counted Among the Top 25 Corporate Philanthropists of South Florida

Delivering platinum service to our clients and community is at the very heart of Becker, and we are thrilled to be counted among the top 25 corporate philanthropists of South Florida as recognized by the South Florida Business Journal. Becker attorneys and professionals are heavily involved in charitable and community causes including: University of Miami Alan […]

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The Art of Community Design with Patty Mowry, Owner, Patty Mowry Interior Designs

For more episodes of Take It To the Board, click here! If you’ve watched HGTV’s home renovation shows or any of YouTube’s million+ room makeover videos, you probably have an opinion about what makes a beautiful space. But you might be surprised to learn that aesthetics are only part of the challenge when tackling a […]

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Community Update – October 2021

In addition to this month’s featured articles, don’t miss all new episodes of our podcast, “Take it to the Board.” In the most recent episode, host Donna DiMaggio Berger is joined by Becker Employment Law Shareholder Jamie Dokovna for an informative discussion on best practices to create and protect a safe work environment. Learn what Jamie thinks […]

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HR Hacks with Jamie Dokovna Part II

For more episodes of Take It To The Board, click here! From building your workplace culture to breaking up with those who don’t fit into it, employing human beings is complex. Donna and Jamie continue the employment law conversation with an examination of the purpose and necessity of employee handbooks, the morass of legal guidelines requiring […]

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HR Hacks with Jamie Dokovna Part I

For more episodes of Take It To The Board, click here! Does your community association hire people? If so, you’ll definitely want to listen in as Donna and Jamie discuss the complicated network of federal, state, and, in some cases, municipal laws that protect both employers and employees – and outline the consequences of mistakenly […]

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The Job of the Journal with Michael Hamline, Editor, Florida Community Association Journal

For more episodes of Take It To The Board, click here! If you’re one of Florida’s 18K+ community association managers or a board member to one of the state’s 60K+ shared ownership communities, you know the FLCAJ. Or do you? Donna and Michael put the publication under a microscope, discussing what it really takes to […]

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Community Update – September 2021

It may not quite feel like it yet in Florida, but Fall is officially here. This of course means busy season has arrived for many associations as residents head south for the winter months. Check out this month’s issue for several informative articles to help set your board up for success. Also, be sure to […]

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Association Advocacy with Commissioner Mary Molina-Macfie, City of Weston, FL

For more episodes of Take It To The Board, click here! Wondering just how responsive a city commissioner can be? Or what it is that they actually do? Donna and the Commissioner demystify the role of elected officials in community association management and encourage volunteer board members to tap into this resource to maintain their […]

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Reserve Funds & Studies with Robert Nordlund, Founder & CEO, Association Reserves

For more episodes of Take It To The Board, click here! Host Donna DiMaggio Berger and featured guest Robert Nordlund are determined to reframe the general perspective on reserve funding. Board members and residents alike are guaranteed to gain a greater appreciation of the purpose and practical management of reserves and how necessary these funds […]

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Las Olas Lifestyle’s Women of Influence: Donna DiMaggio Berger

Q: What’s the best advice you have ever received? And who gave you that advice? A: The best advice came from my mother who always said, “You can afford to be gracious.” She was right. You will cross paths with people who might not be gracious with you, but displaying grace is never a gad […]

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The Mental Health Challenge with Chris Ayoub, President, RealManage

For more episodes of Take It To The Board, click here! Community association board members and managers often swap ‘war stories’ about being ‘in the trenches’ when dealing with the pressures of overseeing their communities. Host Donna DiMaggio Berger puts these catchphrases into perspective with featured guest Chris Ayoub, combat veteran and president of a […]

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Community Update – August 2021

Have you had a chance to check out Becker’s new podcast, “Take It To the Board with Donna DiMaggio Berger?” The podcast explores the reality of life in a community association, what’s really involved in serving on its board, and how to maintain the ever-so-delicate balance of being legally compliant and community spirited. Check out this month’s […]

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Rules and Refereeing with Howard Perl

For more episodes of Take It To The Board, click here! Even as children, enforcing the rules that kept games playful didn’t always make you very popular with your peers. Association board members and managers will tell you that, when it comes to maintaining a community of adult homeowners, not much has changed since those […]

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“Condo Owners, Put Your Masks Back On. COVID Rules Are Returning.” – South Florida Sun-Sentinel

Tens of thousands of people who live in condos in South Florida will have to start wearing masks again and following other restrictions as COVID-19 skyrockets. Despite a brief period of freedom, restrictions are returning to condos as the delta variant makes Florida one of the worst COVID hot spots in the country. Resistance from […]

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Considering the Cost of Counsel with Denise Lash, Founder, Lash Condo Law

For more episodes of Take It To The Board, click here! Contrary to what the uninitiated might think, serving the legal needs of a community association board is NOT all about overweight dogs and contentious board meetings. It is a nuanced, complicated area of law that touches on many niches – real estate, land use […]

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Community Immunity: Examining COVID-19 Shield Laws with David Ramsey

For more episodes of Take It To The Board, click here! Think COVID-19 Shield Laws will safeguard your community association from claims of  negligence? Host Donna DiMaggio Berger and featured guest David Ramsey aren’t so sure. This special episode emphasizes that the only real protection against pandemic-related liability is to consistently uphold the highest standard […]

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Community Update – July 2021

This edition of Becker’s Community Update addresses several facets of how collaboration between the association and its members can be successfully navigated, ensuring the health and well-being of both parties at the beginning of the relationship and throughout its lifespan. Security – whether provided by video cameras or sound documentation – is definitely a theme. […]

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“Sweeping New Association Law Takes Effect in Florida,” Community Association Management Insider

A far-reaching new piece of legislation targeting community associations took effect in Florida on July 1, 2021. “It’s a mixed bag,” says Donna DiMaggio Berger, a shareholder in the Ft. Lauderdale, Fla., office of Becker & Poliakoff. “There’s some good stuff and some not so good stuff.” Good or bad, though, Berger says “there are […]

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The Technology Tango with Brett Fielo, Co-Founder, Shyft Digital

For more episodes of Take It To The Board, click here! For association boards who remain unconvinced, Donna and Brett outline how technology can remove some of their administrative burden, streamline daily operations, and even improve community-wide communication. This conversation focuses on online voting capabilities and custom association websites, digging into the mechanics of virtual […]

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Donna DiMaggio Berger Addresses Service Animal/ESA Challenge for Community Associations

Ensuring that a shared ownership community welcomes legitimate service animals and emotional support animals (ESAs) while protecting the group from fraudulent claims is one of the most complex issues facing volunteer boards today. Becker shareholder and executive director of the Community Association Legislative Lobby Donna DiMaggio Berger joins Sandra Gottlieb of Swedelson Gottlieb and Melissa […]

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Legislative Changes on the Horizon

The tragic Champlain Towers South collapse has resulted in an outpouring of support worldwide, while also raising safety concerns among those who reside in community associations in Florida. Becker’s Community Association Law team hears from clients daily seeking advice on how to assess the structural integrity of their building. The firm has always advised that […]

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

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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Fiscal Finesse with Nicole Johnson-Pendergrass, Director of Operations, Hafer, LLC

For more episodes of Take It To The Board, click here! Is your community association’s operating budget realistic and appropriate? Do you have properly funded reserves? Ever wonder if all those budget footnotes are really important? Are you sure that your association’s incidental revenue – laundry, rental units, transfer fees, etc. – doesn’t jeopardize its […]

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Royal Service with James Donnelly, Founder & CEO, Castle Group

For more episodes of Take It To The Board, click here! In our inaugural episode, Donna and James explore the guiding principles that define his approach to serving the community association industry. The duo also discuss keys to success for board members and managers alike, touch on trends in property management, weigh in on self […]

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Community Update – May 2021

This month, we’re thrilled to announce the launch of new community association podcast, “Take it to the Board with Donna DiMaggio Berger.” The podcast explores the reality of life in a community association, what’s really involved in serving on its board, and how to maintain the ever-so-delicate balance of being legally compliant and community spirited. Check out […]

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Take It To The Board! Becker Launches Community Association Podcast

Becker proudly announces Take It To The Board with Donna DiMaggio Berger, a podcast that explores the reality of life in a condominium, cooperative or homeowners’ 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. “Becker’s platinum service to local community […]

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“Your Condo Building Still Can Require Masks & Much More” – Sun Sentinel

Written by David Lyons, Sun Sentinel. For more than a year, condo associations had to become COVID-19 traffic cops for hundreds of thousands of Floridians in high-rises and sprawling complexes. They had to enforce the use of masks, social distancing and rules for pools and other public spaces. Now the state of Florida has enforcement […]

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“Symbols of Change,” Common Ground Magazine

Written by Mike Ramsey. Cultural clashes and potential fair housing disputes, including fights over the Confederate flag, are impacting the inclusive and supportive mission of communities. Most community associations may never see a Confederate flag in their midst, but legal experts say it behooves all leaders to think preemptively about visual cues and behaviors – […]

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“Does New Law SB 72 Protect Community Associations From COVID-19 Claims?” – Daily Business Review

Florida Gov. Ron DeSantis signed SB 72 into law on March 29. For some time, volunteer community association boards, their managers, and professional advisers have worried that private residential communities might be subject to potential claims related to how the board managed (or in some cases, mismanaged) the COVID-19 pandemic. For the past year, many […]

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Webinar: Don’t Skip the Fine Print: Understanding Vendor Contract Provisions

Has a prospective vendor presented your association with a standard one-size-fits all contract? Before signing on the dotted line, watch the replay of a discussion dedicated to successfully navigating the boilerplate provisions of a commercial contract. We discuss the importance of key contract clauses, why you should think twice before signing a vendor’s typical agreement, […]

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Donna DiMaggio Berger Appears in Season 2 Episode 14 of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 14 of the second season of Castle Group’s COVID-19 webinar series. She was joined by Castle Group’s Founder and CEO James Donnelly to discuss the impact of both the recent COVID-19 liability legislation and the 100+ page omnibus bill. Watch the webinar replay.

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Community Update – April 2021

This edition of Becker’s Community Update highlights why adding a “primary occupant” designation in your association’s governing documents may be a good idea and whether your entrance gates are opening you up to increased liability. Check out these topics and more, and don’t forget to connect with us on Facebook to get real time updates on these […]

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Omnibus Bill (SB 630) Brings Changes for Florida Condos, Cooperatives and HOAs

This year’s large community association omnibus bill will likely become law. This bill, which bears an effective date of July 1, 2021, contains changes which will impact condominiums, cooperatives and HOAs. At more than 100 pages, we will discuss only some of those changes in today’s CALL Alert. This bill, along with all the others CALL has been…

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CALL ALERT: Governor DeSantis Signs COVID-19 Liability Bill

Yesterday Governor DeSantis signed SB 72 which gives civil immunity to not-for-profit corporations, hospitals, nursing homes, government entities, schools and churches for COVID-19 related claims as long as the alleged negligence doesn’t involve gross negligence or intentional misconduct. “COVID-19 related claim” means a civil liability claim against a

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Community Update – March 2021

Paperwork isn’t the most glamorous part of being a community association member, but this edition of Becker’s Community Update outlines why ignoring administrative tasks would be a big mistake. From governing documents and electoral procedures to zoning and entitlement status, having your details safely squared away sets you and your community on the right path. […]

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Donna DiMaggio Berger Appears in Season 2 Episode 12 of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 12 of the second season of Castle Group’s COVID-19 webinar series. She was joined by Castle Group’s Founder and CEO James Donnelly as they continue exploring topics including the challenges associated with re-opening communities. Watch the webinar replay.  

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CALL ALERT: Limiting Liability for COVID-19; Criminalizing Inspections & Elections; Permitting Single Petition Property Tax Appeals

This week, we’re going to discuss a few bills that will impact all types of Florida community associations. CS/HB 7 /SB 72 (Brandes) are bills which would protect “business entities” against COVID-19 related claims for damages, injury or death. These bills do include condominiums, cooperatives, and HOAs within the definition of a business entity. Given

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Donna DiMaggio Berger appears in KW Property Management Webinar “One Year Later: COVID-19 Best Practices for Community Associations.”

Becker Shareholder Donna DiMaggio Berger joined KW Property Management Executive Director Tim O’Keefe and COO Katalina Cruz in their webinar “One Year Later: COVID-19 Best Practices for Community Associations.” During their discussion, the panelists both reflected back and also discussed best practices for HOAs and Condo associations as we look ahead towards the final days […]

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CALL ALERT: Property Damage Claims Will Become More Difficult With Passage of HB305 & SB76

Florida is always potentially in the path of a deadly storm during hurricane season. Because of that geographic vulnerability, property insurance changes are hotly debated each year during Florida’s 60-day Legislative Session. Every year seems to bring increasingly active hurricane seasons and, naturally, property insurance rates climb ever higher.

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Webinar: Make Your Documents Work For You

 When was the last time you thoroughly reviewed your governing documents? The Statute changes over time. New court rulings can change the legal landscape. What worked for your developer or for a community 20, 30 or 40 years ago may no longer work for you today. This is why your documents must evolve to […]

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SPOTLIGHT: Donna DiMaggio Berger, Community Association Law

In celebration of Women’s History Month, Becker showcases the inspiration, philosophies, and expertise of the women attorneys and lobbyists who help elevate our firm and client service.  Donna DiMaggio Berger is a Board Certified Specialist in Condominium and Planned Development Law, founder and executive director of Becker’s Community Association Leadership Lobby, and member of the […]

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Should Condominium Associations Be Permitted to Invest Operating & Reserve Funds? SB 1490 Says Yes!

For years there have been significant legal constraints on a condominium association’s ability to use reserve funds. In addition to the statutory requirement to obtain membership approval for non-designated reserve usage, the prevailing school of thought was that association funds could not be invested since investments can and do fail.

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Donna DiMaggio Berger Appears in Season 2 Episode 10 of the Castle Group’s Association Leadership Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in Season 2, Episode 10 of the Castle Group’s Association Leadership webinar series. She was joined by Castle Group Founder and CEO James Donnelly for a discussion on association leadership and how to deal with COVID-19 stressed residents in your community. Watch the webinar replay.

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SB 522 Makes it Harder for Local Governments to Restrict Airbnb; Bad Construction Bill Filed; No More Sprinkler Relief for Older High-Rises

SB 522 (Diaz) is designed to preempt regulation of short-term rentals to the State of Florida. In effect, this bill would prohibit a local government from passing a law, ordinance or regulation prohibiting or regulating the duration of vacation rentals. Thankfully there is currently a specific exemption under the bill for condominium, cooperative and HOA […]

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96-Page Community Association Bill Filed

Senator Dennis Baxley (R-12) has filed SB 630, a 96-page bill which proposes significant changes for Florida condominiums, cooperatives and HOAs. While many of the provisions are useful, others are less so and we will be reaching out to the bill sponsor to discuss some of the concerns we have with certain changes. Some of those changes are discussed bel

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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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“Lawyer Up” – Common Ground Magazine

Some boards only engage legal counsel when a situation has become dire. Others are overly cautious and all the attorney at the drop of a hat, but unusually high legal bills often lead to membership scrutiny. More often than not, however, boards don’t consult legal counsel enough. It’s a dangerous way to do business since […]

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Donna DiMaggio Berger Appears in Season 2 Episode 7 of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 7 of the second season of Castle Group’s COVID-19 webinar series. She was joined by Castle Group’s Founder and CEO James Donnelly as they continue exploring topics including the challenges associated with re-opening communities. Watch the webinar replay.  

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Community Update – December 2020

Since early on in the pandemic, boards and management professionals have shouldered the immense responsibility of ensuring the safety of their residents. Now, with the imminent rollout of the vaccine, they will face a whole new set of challenges which we delve into in this issue of CUP. For those who wish to discuss this […]

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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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Donna DiMaggio Berger Appears in Season 2 Episode 5 of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 5 of the second season of Castle Group’s COVID-19 webinar series. She was joined by Castle Group’s Founder and CEO James Donnelly as they continue exploring topics including the challenges associated with re-opening communities. Watch the webinar replay.  

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Community Update – November 2020

We hope you had a wonderful Thanksgiving holiday! While this year has not been without challenges, we are tremendously grateful to all of our clients and friends and wish you and your loved ones a joyous and healthy holiday season. Enjoy this month’s edition of CUP and we look forward to seeing you next month! […]

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Donna DiMaggio Berger Appears in Season 2 Episode 3 of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 3 of the second season of Castle Group’s COVID-19 webinar series. She was joined by Castle Group’s Founder and CEO James Donnelly as they continue exploring topics including the challenges associated with re-opening communities. Watch the webinar replay.  

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“Community Association Boards Face Holiday Challenges During Pandemic” – Daily Business Review

Many community association boards continue to be resilient and cautious in the face of ongoing pressure from some residents to open all amenities, hold in person meetings, allow unfettered access to the property, and act as if the COVID-19 pandemic is over. This pressure has only increased since Gov. Ron DeSantis issued his Phase 3 […]

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“Fewer Snowbirds Flocking to Florida as COVID-19 Persists,” Sun Sentinel

Travel restrictions, health risks, and reduced amenities have many snowbirds carefully considering their annual migration to Florida communities and RV parks. Becker Shareholder Donna DiMaggio Berger tells the Sun Sentinel that winter residents who do return to the Sunshine State should proactively work with their association to understand and embrace necessary safety measures. “Even the […]

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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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Donna DiMaggio Berger Appears in Season 2 Episode 1 of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 1 of the second season of Castle Group’s COVID-19 webinar series. She was joined by Castle Group’s Founder and CEO James Donnelly as they continue exploring topics including the challenges associated with re-opening communities. Watch the webinar replay.  

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Donna DiMaggio Berger Appears on FirstService Residential Webinar on Florida Phase 3 and What it Means to You

Governor DeSantis recently announced a transition to Phase 3 for the State of Florida. What does this mean to you? How will the order impact visitor access? Pools? Gyms? Social distancing? Mask and face covering requirements? Hosted by FirstService Residential, Becker Community Association Shareholder Donna DiMaggio Berger joined a group of expert panelists to discuss […]

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Donna DiMaggio Berger Appears in Episode 18 of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 17 of the Castle Group’s COVID-19 webinar series. She was joined by Castle Group’s Founder and CEO James Donnelly as they continue exploring topics including the challenges associated with re-opening communities. Watch the webinar replay.  

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Community Update – September 2020

Can you believe it’s autumn already? National and local elections are fast approaching and the chatter about whether or not political signs should be permitted in private residential communities is building. We delve into this issue as well as discuss how to keep your HOA director elections, which are also on the horizon, from turning […]

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CALL’s COVID-19 Survey Results

During the Summer of 2020, CALL’s COVID-19 Survey was open for Floridians to share their experiences during the height of the pandemic.More than 1,000 association directors, managers and residents took the time to share what steps helped them keep their communities safe as well as the challenges they encountered along the way.

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Donna DiMaggio Berger Appears in Episode 17 of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 17 of the Castle Group’s COVID-19 webinar series. She was joined by Castle Group’s Founder and CEO James Donnelly as they continue exploring topics including the challenges associated with re-opening communities. Watch the webinar replay.  

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Keeping Politics Out of Your Community Association

Not surprisingly, the chatter about whether or not political signs should be permitted in private residential communities has increased as we draw closer to the elections in November. Let’s first discuss whether or not an owner in a Florida HOA has the “right” to install signs. The short answer is “no” with one exception. FL […]

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Donna DiMaggio Berger Appears in Episode 16 of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 16 of the Castle Group’s COVID-19 webinar series. She was joined by Castle Group’s Founder and CEO James Donnelly as they continue exploring topics including the challenges associated with re-opening communities. Watch the webinar replay.  

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10 Things to Know About Florida’s New Emotional Support Animal Law

In these uncertain times it is not unusual for boards operating pet-restricted communities to receive even more emotional support animal (ESA) requests than usual. What is unusual is the emerging trend that some people requesting these ESAs are retracting their requests when confronted with a new law in Florida which criminalizes fraudulent requests.

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Donna DiMaggio Berger Appears in Episode 15 of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 15 of the Castle Group’s COVID-19 webinar series. She was joined by Castle Group’s Founder and CEO James Donnelly as they continue exploring topics including the challenges associated with re-opening communities. Watch the webinar replay.  

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Donna DiMaggio Berger Appears in Episode 14 of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 14 of the Castle Group’s COVID-19 webinar series. She was joined by Castle Group’s Founder and CEO James Donnelly as they continue exploring topics including the challenges associated with re-opening communities. Watch the webinar replay.  

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“Community Association Boards Completely Overlook the Significance of Who Is Serving as the Association’s Registered Agent.” – SFPMA

Far too many community association boards completely overlook the significance of who is serving as the association’s registered agent. I’ve found associations whose registered agent is a former board member who is either deceased or who has moved away or a former law firm or lawyer who no longer represents the association. Pursuant to Section […]

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“Lessons We’re Learning from COVID-19” – FLCAJ Magazine

The COVID-19 pandemic has rewritten the operational script for many industries, including the community association industry. As with most of life’s challenges, we are acquiring take-away lessons that will help us adapt even more quickly the next time a curveball heads our way. The following lessons our boards, residents, and managers have learned over the […]

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Webinar: Safeguarding Community Residents: Navigating a Shifting Landscape and the Uncertainties Ahead

All types of community associations throughout Florida implemented strict protocols in response to the ongoing COVID-19 pandemic. These protocols included, in many cases, restricting entry to nonessential visitors, shutting down common areas and recreational amenities and requiring the use of facial coverings. As the push to reopen the economy continues while Florida’s COVID-19 numbers show […]

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Donna DiMaggio Berger Appears in Episode 13 of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 13 of the Castle Group’s COVID-19 webinar series. She was joined by Castle Group’s Founder and CEO James Donnelly as they explored topics including the challenges associated with re-opening communities. Watch the webinar replay.  

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Donna DiMaggio Berger Appears in Virtual Town Hall “Move Forward? Slow Down? Shut Down? COVID-19: What’s Next for Florida Communities”

Becker Shareholder Donna DiMaggio Berger appeared as a panelist in a Virtual Town Hall sponsored by FirstService Residential. The Town Hall was titled, “Move Forward? Slow Down? Shut Down? COVID-19: What’s Next for Florida Communities.” With Florida moving through phased reopening in the wake of the coronavirus pandemic – as infection rates are spiking in […]

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2020 Florida Session: Legislative Update

With the legislative session closed and the deadline expired for Governor DeSantis to veto Florida House or Senate bills, we now know the laws that will affect community associations. Below is a summary of some of these new laws impacting Florida community associations. Our forthcoming Legislative Guidebook will contain a more in-depth analysis along with […]

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Donna DiMaggio Berger Appears in Episode 12 of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 12 of the Castle Group’s COVID-19 webinar series. The series is being held bi-weekly to address how community associations can navigate the challenges brought on by this global pandemic. Donna was joined by Castle Group’s Founder and CEO James Donnelly, who gave a touching tribute […]

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Community Update – June 2020

June means the start of Hurricane season in Florida and while we always hope for a quiet year, it’s important that your community take steps now to ensure preparedness should disaster strike. This issue includes Becker’s newly interactive 2020 Hurricane Guide which provides important tips and information to help prepare and protect your community. Make […]

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Donna DiMaggio Berger Appears in Episode 11 of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 11 of the Castle Group’s COVID-19 webinar series. She was joined by Castle Group’s Founder and CEO James Donnelly as they explored topics including the challenges associated with re-opening communities. Watch the webinar replay.  

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Emotional Support Animal Bill Goes to the Governor

We are thinking of all of our CALL Members during these uncertain times and want to remind you that CALL remains a trusted resource for your community. Yesterday, Governor Ron DeSantis received the following bills from the Florida Legislature. The Governor has until June 30, 2020 to act on these bills.

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Donna DiMaggio Berger Appears in Episode Ten of the Castle Group’s COVID-19 Webinar Series

Becker Community Association Shareholder Donna DiMaggio Berger participated in episode 10 of the Castle Group’s COVID-19 webinar series. She was joined by Castle Group’s Founder and CEO James Donnelly. Donna and James explored topics including the challenges associated with re-opening communities. Watch the webinar replay.  

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Webinar: Are Your Board’s Emergency Powers Still in Effect?

The fluid nature of the pandemic, mixed with oftentimes inconsistent guidelines from all levels of government, has led to understandable confusion. Becker Community Association Shareholders explore the continuing state of emergency powers throughout Florida, best practices to follow when reopening facilities, how to handle allowing access to outside guests and contractors, and other timely topics. […]

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“Fuzzy Government Rules Leave Condo Boards in Coronavirus Quandary” – Miami Herald

The COVID-19 pandemic has rewritten the operational script for many industries, including the community association industry. As with most of life’s challenges, we are acquiring take-away lessons that will help us adapt even more quickly the next time a curve ball heads our way. The lessons our boards, residents and managers have learned over the […]

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Donna DiMaggio Berger Appointed Chair of Florida Bar RPPTL Section Pandemic Task Force

Fort Lauderdale, Florida – June 3, 2020 – Becker, a multi-practice commercial law firm with attorneys, lobbyists and other professionals at offices throughout the East Coast, is pleased to announce that Community Association Shareholder Donna DiMaggio Berger has been appointed chair of the Florida Bar Real Property Probate and Trust Law (RPPTL) Section’s Pandemic Task […]

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Community Update – May 2020

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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Donna DiMaggio Berger Appears in Episode Nine of Castle Groups “Combating COVID-19 In Your Community Association” Webinar

Becker Shareholder Donna DiMaggio Berger appeared on episode eight of Castle Group’s weekly webinar series on COVID-19 and community associations. Donna was joined by CEO and founder of the Castle Group, James Donnelly, as they discussed implementing and adjusting re-opening plans and amending documents. Watch the replay here.

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2020 Florida Session: Legislative Update

If you’ve been wondering what happened to the legislation that the CALL Team tracked throughout Florida’s 2020 Session, we have been as well! All bills were held back and will not be released until Governor DeSantis receives revenue estimates to help him determine their fiscal impact. The State’s Operating Budget must be passed by July […]

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The HEROES Act Spells Disaster for Community Associations

Your association’s ability to collect assessments is in grave danger because of H.R. 6800, the Health and Economic Recovery Omnibus Emergency Solutions Act or The HEROES Act! By the time you read this CALL Alert, this bill will have likely eked out a narrow passage in the U.S. House of Representatives. The next step is […]

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Webinar: The Bounce Back: Safeguarding Your Community Association’s Financial Health in a COVID-19 Climate

Becker Shareholders Donna DiMaggio Berger and Joy Mattingly joined Affinity Management Services Co-Founder Raphael Aquino for “The Bounce Back: Safeguarding Your Community Association’s Financial Health in a COVID-19 Climate,” a webinar. The panelists discussed how the COVID-19 pandemic has caused many tenants, property managers, and business owners across the country to take some financial hits. […]

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Donna DiMaggio Berger Appears in Episode 8 of Castle Groups “Combating COVID-19 In Your Community Association” Webinar

Becker Shareholder Donna DiMaggio Berger appeared on episode eight of Castle Group’s weekly webinar series on COVID-19 and community associations. Donna was joined by CEO and founder of the Castle Group, James Donnelly, as they discussed implementing and adjusting re-opening plans and amending documents. Watch the replay here.

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Donna DiMaggio Berger Appears in Episode 7 of Castle Groups “Combating COVID-19 In Your Community Association” Webinar

Becker Shareholder Donna DiMaggio Berger appeared on episode seven of Castle Group’s weekly webinar series on COVID-19 and community associations. Donna was joined by CEO and founder of the Castle Group, James Donnelly, as they discussed how your condo or community association can implement a reopening plan for amenities and shared spaces. Click here to […]

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The “New Norm” for Community Associations in Light of COVID-19

The COVID-19 virus has substantially impacted all types of community associations throughout Florida. From closing amenities, to limiting access by non-residents, taking in travelers from other parts of the country, including those deemed “hot spots”, and reacting to the endless flow of emergency and executive orders from the state, counties, and municipalities, associations across Florida […]

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Donna DiMaggio Berger Appears on Associa’s COVID-19 Consideration for Boards Part IV Webinar

Becker Shareholder Donna DiMaggio Berger participated as a panelist on Associa’s “COVID-19 Consideration for Boards Part IV” webinar along with fellow panelists Sandra Gottlieb of Swedelson Gottlieb and Melissa Garcia of Altitude Law. The panel was moderated by Andrew Fortin, Senior Vice President of External Affairs for Associa. On this episode, the discussion revolved around […]

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Community Update – April 2020

 Our featured article, “Obtaining a Bank Loan; Step-by-Step,” explores the process of attaining a line of credit. A loan can help an association ensure they have necessary funding to navigate through an emergency, whether it be due to the coronavirus, hurricane season, or otherwise. We live in an age where the lack of civility has become […]

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Donna DiMaggio Berger Discusses Re-Opening Community Amenities in Light of COVID-19: Episode 6 of Castle Webinar

Becker Shareholder Donna DiMaggio Berger appeared on episode six of Castle Group’s weekly webinar series on COVID-19 and community associations. Donna was joined by CEO and founder of the Castle Group, James Donnelly, as they discussed the best time to re-open pools, common spaces, and other community amenities as states lift restrictions in place from the […]

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Donna DiMaggio Berger Appears on FirstService Residential Webinar on COVID-19 and Community Associations

FirstService Residential hosted a webinar on “COVID-19: Your Questions Answered” featuring panelist Donna DiMaggio Berger, Becker Shareholder, along with FSR Regional Director, Anthony Gragnano. The discussion was moderated by FSR Director Bill Worrall. Watch the replay here. Moderator: Bill Worrall FirstService Residential Director Panelists: Anthony Gragnano FirstService Residential Regional Director Donna Dimaggio Berger Becker Shareholder […]

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“Opinion: Condos and HOAs Should Avoid Rushing to Open Common Areas” – Miami Herald

With Jacksonville beaches now open for limited purposes and more to follow in the coming days and weeks, members of your private residential community may be even less tolerant about common amenities remaining closed. However, convenience must always be subordinated to life safety. The same steps used by your board to evaluate when and how […]

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Donna DiMaggio Berger Appears on Associa’s “COVID-19 Consideration for Boards Part III” Webinar

Becker Shareholder Donna DiMaggio Berger, Esq participated as a panelist on Associa’s “COVID-19 Consideration for Boards Part III” webinar along with fellow panelists Sandra Gottlieb of Swedelson Gottlieb and Denise Lash of Lash Condo Law. The panel was moderated by Andrew Fortin, Senior Vice President of External Affairs for Associa. Watch the replay here.

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Donna DiMaggio Berger Discusses COVID-19 and Community Associations on Castle Webinar

Becker Shareholder Donna DiMaggio Berger was a panelist on the Castle Group’s webinar series “Combating COVID-19 in Your Community Association.” In episode four of the series, Donna shared how the virus is impacting liability and insurance. She was joined by panelist Andrea Northrop of Insurance of America and moderator James Donnelly, founder and CEO of […]

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“The Strange Fear of Life in a Big Apartment Building at the Epicenter of the Pandemic,” Realtor.com

In Florida some emergency plans are being put in place to “prohibit nonessential visitors beyond caregivers, delivery personnel, and a limited number of immediate family members,” says Donna DiMaggio Berger, Becker Shareholder, in regard to COVID-19.     Click here to read the full article on Realtor.com.

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“Opinion: Condo Associations Must Set Clear Coronavirus Rules – and Enforce Them” – Miami Herald

Shared ownership communities have heeded the call and have implemented COVID-19 protocol, reshaping their daily operations to better safeguard their residents. In the past few weeks, the governor and Florida cities and counties have revised their emergency orders numerous times to take into account the pandemic’s growing threat. Many communities also revised and tightened their […]

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Vacation Rentals and Community Association Omnibus Bill

As a reminder, we want to direct all our CALL members to Becker’s COVID-19 webpage which is an excellent resource for information updated daily on the impact of the virus on community associations. Click here to visit the website. And, for those of you looking for some non COVID-19 related news, we are happy to […]

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Community Update – March 2020

  With a growing number of confirmed coronavirus (COVID-19) cases throughout Florida and Governor DeSantis having issued a state of emergency, many are wondering what can be done. This month’s edition is focused on providing community association boards and managers with strategies that they can employ to help combat the spread of the virus. Know […]

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“Continuity and Closures: How Community Associations Are Addressing COVID-19,” Community Association Institute

Ensuring continuity of operations and residents’ safety has become top of mind for community association board members, managers, and business partners as the COVID-19 outbreak begins to impact more and more of the U.S. Donna DiMaggio Berger, a shareholder with Becker in Fort Lauderdale, Fla., and a fellow in CAI’s College of Community Association Lawyers […]

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“Limiting Person-To-Person Contact to Reduce Spread of COVID-19 in HOAs,” HOAresources

With an increased risk of contracting COVID-19, states and communities are taking action to slow its spread from person to person by minimizing close or frequent interactions. Social distancing includes cancelling public gatherings such as sporting events, concerts, and conferences, limiting or shutting down public transportation, closing schools, adjusting business operations, and encouraging people to […]

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Donna DiMaggio Berger Discusses COVID-19 and Community Associations on WIOD with Brian Mudd

Shareholder in Becker’s Community Association Practice,  Donna DiMaggio Berger, was featured on WIOD AM 610’s “The Brian Mudd Show” to discuss COVID-19 and the emerging questions and concerns for community association managers. Donna shared how managers can better protect their community from the virus while navigating this uncharted territory.   Click here to listen to Donna’s broadcast.

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Session Ends and Long Awaited ESA Bill Passes!

Before we jump into the outcome of Florida’s 2020 Legislative Session, it is very important to note that the CDC has stated that gatherings of 50 or more people should be postponed for the next eight weeks. Bars, clubs, theaters and other places of public accommodation throughout the Sunshine State are being closed or their capacity […]

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Condos, Cruise Ships and COVID-19: Surprising Commonalities

The cruise ship industry has been particularly hard hit by COVID-19’s rapid spread amongst passengers. For those who were unfortunate enough to deal with a ship-board quarantine, the fact that they would eventually be able to disembark and return to their homes helped them cope. But what if your home posed the same risks as […]

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The Becker Insider | March 2020

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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“Managing Common Housing Under the Threat of COVID-19” – FCAP Managers Report

Managers are on the front lines of many challenging issues for private residential communities but managing a pandemic is uncharted territory for most. With the number of cases of COVID-19 increasing in Florida and the fact that Governor DeSantis has declared a State of Emergency, proactive community association management professionals are thinking about how this […]

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“How to Minimize Coronavirus Risk in Fla. Residential Communities” – Daily Business Review

With the number of cases of COVID-19 increasing in Florida and Gov. Ron DeSantis declaring a state of emergency, proactive community association boards and their management professionals are thinking about how this virus might impact their residential communities and what can be done to blunt the impact. There is an increased risk of contracting COVID-19 […]

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COVID-19 and Your Residential Community

There are now three confirmed cases of the Covid-19 virus in Florida: one in Manatee County and two in Hillsborough County. By the time you read this, there may be even more. As a result, Governor DeSantis has declared a State of Emergency.  There is an increased risk for health care workers, individuals with respiratory […]

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Police Vehicles, Vacation Rentals and Emotional Support Animals

With only three weeks left in the 2020 Florida Legislative Session, your CALL Team has been busy. Last Friday, Governor DeSantis signed SB 476 (sponsored by Senator Ed Hooper) into law. This bill prohibits condominium, cooperative, and homeowners’ associations from enforcing restrictions against police vehicles being parked inside their communities. This prohibition would apply regardless […]

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SB 802/HB 733 MRTA & Housing Discrimination

One of the most important and valuable aspects of a property owner’s rights is the ability to market and sell their property, and to do so free from the fear of “hidden” or outdated restrictions or claims which may have previously burdened their property. But, what to do when a person raises a claim of […]

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Regulation of Vacation Rentals, HB 1011 and SB 1128

It’s not the first time a bill regulating vacation rentals has been proposed by the Legislature, and it’s likely not the last. On the heels of last session’s failed Senate Bill 824 comes Senate Bill 1128 and the companion House Bill 1011, both of which again seek to preempt the regulation of vacation rentals to […]

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Session is Moving Fast – Are You Keeping Up?

Experts say that a habit can be formed in approximately thirty days. Given the brevity of Florida’s Legislative Session (60 days) it will be important for those of you who have been asked by your community to stay abreast of this year’s crop of association bills to get into the routine of following CALL’s Bill […]

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“Water leaks in your condo: Who’s responsible? | Opinion” – Miami Herald

There are many advantages to living in a multifamily condo or coop building in South Florida: great views, enviable locations and abundant amenities. However, there is always the possibility of water leaks. Not surprisingly, when these leaks occur, there is often an inherent tension and finger-pointing between the owner who suffers interior damage and the […]

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HonestESA Initiative Starts Now!

As previously reported by CALL, two bills are making their way through committee in the Florida House and Senate. House Bill 209, sponsored by Representative Killebrew and Senate Bill 1084 sponsored by Senator Diaz, aim to protect disabled Floridians and curb some abuses related to emotional support animals (“ESAs”). Growing frustration over perceived illegitimate ESA […]

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Learn to Use all of the Tools on the CALL Website

As we usher in the New Year, we wanted to take a moment to highlight some of the features and benefits of the Community Association Leadership Lobby (CALL) website. We hope that throughout 2020 you will find our updates on proposed legislation educational, but more than that we hope that the tools and resources found […]

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“Community Associations Threatened With Website Litigation Under the ADA” – Daily Business Review

In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users. The genesis for these association website suits may lie with the holding in the recent Domino’s Pizza v. Robles case. That case was originally brought by […]

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Proposed Florida Legislation Might Help Stem the Tide of Fraudulent Emotional Support Animal Requests

If there is one topic that unites all types of shared ownership communities regardless of their location, size, or demographics, it is a growing frustration over fraudulent emotional support animal (ESA) requests. Communities throughout Florida have seen their ability to enforce reasonable pet restrictions eviscerated as more residents make dubious claims about needing an ESA.

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Community Update – November 2019

As we prepare for the holidays and other year-end festivities, associations are also beginning to look ahead to the needs and demands of the coming year. This month’s edition explores some of the issues that associations may encounter from time to time and discusses best practices for putting your community’s best foot forward. If your […]

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Why Should Your Community Consider Trademarking Its Name and Logo?

Many communities rely upon name recognition and a certain style logo to attract attention from potential new purchasers as well as to enhance real property values for existing owners. I live in a country club community that has a distinct font and logo which is intentionally highlighted on our association website, advertisements, business cards, stationary, […]

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Associations Being Threatened with Website Litigation

If your association currently has a website (one you own or one which has been provided to you by your management company) or you are in the planning stages of creating an association website, please read this CALL Alert thoroughly as it contains important information for you. If you don’t have a website, feel free […]

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“Condo Boards Can’t Turn Down Applicants Just Because They Don’t Like Them” – Miami Herald

“If I like you, you’re in.” Those words were uttered by the board president of the first condominium unit I bought right out of law school. At the time, I wasn’t going to quibble about whether or not this screening procedure was legitimate. Many community association residents expect their board members and managers to thoroughly […]

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CALL Summer Survey Series: The Results Are In! (Part 1)

Over the summer, CALL released three surveys to garner opinions on hot-button community association issues such as short-term rentals, Emotional Support Animals, and the role of public adjusters in pursuing association insurance claims. We wanted to hear directly from board members, community managers, and owners about their experiences and sentiments on these important topics.

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“Opinion: Bill Would Benefit Condo Communities by Cutting Down on Support-Animal Fraud” – Miami Herald

Private residential communities currently deal with a plethora of Emotional Support Animal (ESA) requests, however there may be hope on the horizon. Newly filed bill, HB 209, could help grant some relief to those who are trying to fraudulently pass off their furry (or scaly companions), if it passes in the 2020 Florida legislative session. […]

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Donna DiMaggio Berger Appointed to Board of American Lung Association in Florida

Fort Lauderdale, Florida – September 10, 2019 – Becker, a multi-practice commercial law firm with attorneys, lobbyists and other professionals at offices throughout the East Coast, is pleased to announce that Community Association Shareholder Donna DiMaggio Berger has been appointed to the board of the American Lung Association in Florida. Ms. Berger has been involved […]

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“For Some Condo Associations, ‘Short-Term Rentals’ Are Dirty Words” – Miami Herald

Short-term rentals are “dirty words” in some condominium, cooperative, and homeowners associations’ vocabularies. A large number of residents and board members believe that platforms like Airbnb will increase crime and nuisances in their communities. Recently, there has been a major push to prohibit these activities altogether. Shareholder Donna DiMaggio Berger has penned an informative article […]

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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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Episode 08: Drones in Your Community – “Can They Do That?”

A neighbor is flying a drone in your community and there are concerns he is spying on residents even though he assures the association that he has proper permits. This is raising the question, “Can They Do That?” When it comes to association rules and bylaws, there seem to be more questions than answers. Becker’s […]

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“Weathering The Storm: A Top 10 List For Condo and HOA Boards” – Miami Herald

As all Floridians know, storm season can be a very hectic time. Preparation for – as well as the aftermath of – storms is stressful. Board members of community associations are hit particularly hard by the nerve-wracking days of hurricane season because not only do they have to worry about themselves, they also have to […]

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Airbnb and Your Community – A Survey and Chance to WIN $100

As many of you may know, SB 824 sponsored by Senator Diaz, would have made it much more difficult if not impossible for your private residential community to restrict or prohibit short-term rental activity on internet platforms like Airbnb. While that …

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Donna DiMaggio Berger Appears on Money Matters Top Tips Podcast

Shareholder Donna DiMaggio Berger appeared on the Money Matters Top Tips Podcast with host Adam Torres. During this guest spot, she speaks to her vast experience including how she knew she wanted to become an attorney, how she helps her Community Association clients, legal issues unique to the condominium arena, and much more. Donna is […]

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25 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 […]

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“How to stop the erosion of civility in community associations” – Sun Sentinel

Raised voices, reddened faces and angry gestures. You might think you are watching a Congressional hearing on C-SPAN, but you are at your community’s board meeting. The erosion of civility in our society has begun to manifest itself in private residential communities. This comes in many forms, from rudeness and disruptive behavior at meetings, to […]

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“Armed and Dangerous,” CAI Common Ground

The increasing number of “active-shooter” incidents across the U.S. and abroad is creating troubling questions for community association boards. Is it time to think of the unthinkable? By Mike Ramsey Reprinted with permission from the May/June 2019 issue of Common Ground TM magazine, the flagship publication of Community Associations Institute (CAI). www.caionline.org IT WAS NOT […]

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2019 Florida Legislative Session – CALL Alert for May 6, 2019

Florida’s 2019 Legislative Session ended last Friday, May 3rd with not a lot of change to report for community association residents. There is good news in the form of some relief for older high rises who had been facing the prospect of installing an Engineered Life Safety System (ELSS) by the end of 2019. Thanks […]

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Becker’s 2019 Shareholder Meeting

Becker Shareholders and Senior Management recently came together for the firm’s 2019 Shareholder Meeting. Attorneys and lobbyists from the firm’s 16 offices throughout Florida and the East Coast convened in Ft. Lauderdale, Florida for a productive and educational weekend of relationship building, strategic planning, and camaraderie. Hosted at the Dalmar Hotel, attendees took part in […]

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2019 Florida Legislative Session – CALL Alert for April 30, 2019

Our 60-day Legislative Session in Florida will end this week. It has been a real whirlwind in terms of proposed legislation which has the potential to impact how you operate your private residential community. We are fortunate to have once again had the opportunity to weigh in with these bill sponsors throughout the process to […]

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2019 Florida Legislative Session – CALL Alert for April 18, 2019

I am delighted to report that the fraudulent ESA bill, HB 721, is moving along nicely and just passed its last House Committee (Judiciary) Tuesday with a unanimous vote of 17 Yeas. Previous Committee votes: Civil Justice – 14 yeas, 0 Nays // Children, Families & Seniors – 15 Yeas, 0 Nays. Also on Tuesday, […]

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2019 Florida Legislative Session – CALL Alert for April 16, 2019

The issue of retrofitting with an Engineered Life Safety System (ELSS) impacts older Florida high-rises (buildings constructed in 1992 or earlier that are 75 feet or higher). However, the issues discussed in today’s CALL Alert are instructive for all types of community associations when an operational issue in a community hinges on legislative relief. When […]

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2019 Florida Legislative Session – CALL Alert for April 08, 2019

HB 1153 (DuBose) and its companion bill SB 1270 (Farmer) seek to amend Section 501.172, F.S. to create the Florida Biometric Information Privacy Act. A growing number of Florida associations use electronic means to keep fingerprints and other biometric information on file when guests and vendors enter the community. Biometric information can include a retina […]

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Episode 03: Service Animals in Your Community Association – “Can They Do That?

When it comes to association rules and bylaws, there seem to be more questions than answers.  Becker’s video series, “Can They Do That?” tackles some of the unique problems that homeowners and renters face today. We answer questions, no matter how far-fetched they may seem. From service animals to nudists in your community, we get […]

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2019 Florida Legislative Session – CALL Alert for March 26, 2019

This will be an active week for many of the bills CALL has been tracking for the past several weeks. Below is a summary of some of the House and Senate Committees that will be meeting this week and the community association-related bills those committee members will be considering. House On March 25th, the Civil […]

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2019 Florida Legislative Session – CALL Alert for March 11, 2019

Today’s alert focuses on a bill that has some folks cheering and others cringing. HB 1259 (Fernandez-D-114) primarily addresses the issues of illegal kickbacks and fraudulent voting activity in condominiums, but goes a step too far in terms of criminalizing failed document inspection requests. This bill has the support of the Speaker of the House, […]

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“I SEE YOU”: The Growing Demand to Install Video Doorbells in Multifamily Buildings

Security concerns are always at or near the top of the list of priorities in shared ownership communities. With personal home technology evolving at a dizzying pace, many homeowners are considering the installation of video doorbells such as those offered by Ring or Nest. However, for owners living in private residential communities, particularly in multifamily […]

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2019 Florida Legislative Session – CALL Alert for March 4, 2019

Florida’s 2019 Legislative Session commences Tuesday, March 5th. We have already read and analyzed more than two dozen bills and reached out to various bill sponsors to discuss our support on some bills and concern on others. Last week SB 1442 (Torres) was filed as the Senate companion to HB 155 (Cortes). These bills, known […]

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2019 Florida Legislative Session – CALL Alert for February 26, 2019

Dear CALL Members, March 5th and the start of the 60-day, 2019 Regular Legislative Session in Florida is right around the corner. We are tracking several bills on behalf of communities throughout Florida and there is a lot of work to do to ensure that the most helpful bills pass. In order to make this […]

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2019 Florida Legislative Session – CALL Alert for February 11, 2019

Today’s CALL Alert again brings good news and bad news. As for the good news, we have a legislative proposal that most of our CALL members have been hoping to see for quite some time. HB 721 sponsored by Representative Sam Killebrew (R-Polk County) answers the call of Floridians in pet-restricted and/or pet-regulated private residential […]

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2019 Florida Legislative Session – CALL Alert for February 7, 2019

Let’s start with the bad. We have our first truly ill-advised piece of legislation in the form of SB 610 filed on January 30th by Senator Jason Pizzo (D, Miami-Dade). There is a lot of territory to cover with this bill and it currently has no committee assignments. We will delve into further aspects of this bill […]

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2019 Florida Legislative Session – CALL Alert for January 30, 2019

The 2019 Florida Legislative Session will start on March 5th at noon. As we’ve seen in years past, we can expect several Association bills to make their way through the committee process before ultimately being condensed into one or two main bills by the time Session is expected to end on May 3rd. We already […]

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Episode 01: Medical Marijuana Use in Community Associations – “Can They Do That?”

When it comes to association rules and bylaws, there seem to be more questions than answers.  Becker’s newly launched video series, “Can They Do That?,” tackles some of the unique problems that homeowners and renters face today. We answer questions, no matter how far-fetched they may seem. From service animals to nudists in your community, […]

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Is Your Building Nearing its 40th Birthday?

Broward is one of two Florida counties (Miami-Dade is the other) which requires multifamily buildings that are larger than 3,500 square feet (in the case of Miami-Dade it is buildings in excess of 2,000 square feet) and are forty years old or older to be inspected for structural and electrical safety and “certified”. Thereafter, those […]

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“What Should We Expect from the Next Generation?” – Florida Community Association Journal

Despite statistics proving that the age of condominium owners in the Sunshine State is trending younger and younger these days, the stereotypical notion of a condominium dweller being retired and overly concerned with the lives of his or her neighbors still prevails.      With a healthy economy and new condominium construction offering more amenities […]

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Donna DiMaggio Berger on WIOD with Brian Mudd

Condo and association law shareholder Donna DiMaggio Berger was featured on WIOD AM 610’s “The Brian Mudd Show” on Tuesday, September 11. On this historically significant day, Donna discussed what board members, managers and residents need to know about preparing their associations for and after natural disasters and some of the lessons learned in Florida […]

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FL Division of Condos Proposes Greater Financial Penalties on Associations

Florida condominiums, cooperatives and, to a lesser degree, homeowners’ associations are subject to the imposition of fines and penalties by the Division of Florida Condominiums, Timeshare and Mobile Homes (“Division”) for a variety of mistakes and missteps.  The Division plans to pass sweeping changes to Chapter 61B-21 of the Florida Administrative Code which may go […]

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How Will the Next Generation of Condo Owners Change Fla.’s Shared Ownership Communities?

Donna DiMaggio Berger wrote this commentary article about how the next generation of condo owners is changing Florida’s shared ownership communities that was featured in the Daily Business Review. Donna writes, “Despite statistics proving that the age of condominium owners in the Sunshine State is trending younger and younger these days, the stereotypical notion of a condominium […]

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Deadline looms for older Florida High-Rises to Install Engineered Life Safety Systems!

Florida’s 2019 60-day Legislative Session will begin on March 5, 2019 and is expected to end on May 3, 2019. The Florida Fire Protection Code, Section 31.3.5.12 of the National Fire Protection Association (NFPA) 101 requires existing (pre-1992) “high-rise” buildings which are not otherwise exempt to be protected either by an automatic sprinklers system or […]

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Know What You Are Getting into Before Your Board Agrees to an Indemnification Clause

Many boards focus on only a few provisions of the contracts they sign. What service or materials are they getting? What are they paying? When will the contract commence? Far too many other crucial provisions are overlooked as boilerplate. Indemnification clauses are often seen as part of the standard boilerplate provisions in most contracts and […]

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What Are Your Board’s Rights and Obligations with Regard to Sales and Financing in Your Community?

On any given day in any given Florida community association, a manager or director may receive a frantic call from a real estate or title agent about an upcoming closing. These frantic calls typically include an immediate request for information in the form of affidavits, estoppel information, lender questionnaires or other records and information. Naturally, […]

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Donna DiMaggio Berger, Community Association Shareholder, Talks Emotional Support Animal Issue

Listen to Donna DiMaggio Berger’s interview with Ana Sanchez Rivero, host of the “Community Association Matters” podcast. Ms. Berger, shareholder in our Community Association practice group, discusses what your condo association needs to know to handle the ever increasing requests for Emotional Support Animals (ESA). Donna takes a particularly close look at what the Board […]

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Should Your Association Eliminate Some of Your Outdated Rules?

Many of my conversations with my association clients involve an evaluation of their rules and regulations and their available enforcement tools.  We regularly discuss how previously overlooked rules can be revived through a process known as republication so the Board can once again enforce them prospectively.  We also discuss how rules must complement rather than […]

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Mental Health Issues in a Community Association Context

Over the years, I’ve met thousands of people living in shared ownership communities and without fail, at least one person in every community questions the mental health of someone in their community. Sometimes the suspect serves on the board, other times it is the person living next door, and other times it is simply a […]

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Summer Shut-Down Considerations for Seasonal Communities

If your community is a seasonal one that tends to thin out over the summer months, what rules or policies do you have in place to ensure that your association continues to operate smoothly and transparently over the summer months? The less crowded summer months in some communities provide an optimal time to pursue important […]

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When Construction Occurs Next Door, Your Board Needs to Get Involved Early!

It’s likely that at some point during your community’s lifespan, new construction will occur nearby and the impact on your residents will vary both short and long-term depending on the steps your Board takes early in the process. Sometimes new construction is welcomed enthusiastically by the members of an established community but more often than […]

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“Welcome to the Board…Now What?” – Florida Community Association Journal

If you are new to your community’s board of directors, thank you for agreeing to serve in this capacity. You will learn that the “job” can be both thankless and fulfilling at different times and for different reasons. The first thing you will need to do is to ensure that you have submitted your director […]

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Improve Your Members’ Chances of Casting a Successful Election Ballot

Every year, I attend many of my clients’ annual meetings and elections and it is always disappointing when some members’ election ballots must be discarded due to avoidable errors. For Florida condominiums and HOAs who have adopted a “condominium style” election process, the election protocol that was implemented to discourage voter fraud can also be […]

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New Year’s Resolutions for Your Board

Historians believe that the ancient Babylonians were the first people to make New Year’s resolutions approximately 4,000 years ago. During a religious festival known as Akitu which lasted for a lengthy 12 days, the Babylonians crowned a new king or reaffirmed their loyalty to the reigning king. They also made promises (precursors to modern day […]

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Countdown to 7/1/18 and the New Website Requirements for FL Condominium Associations

By July 1, 2018, a Florida condominium association with 150 or more units which does not manage timeshare units must have an independent website or web portal wholly owned and operated by the association or a website or web portal operated by a third-party provider. Creating an in-house website may prove to be too daunting […]

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Can Your Community Association Stop Bullying and Harassment in Their Tracks?

Bullying in any form cannot be condoned either in schools, workplaces or communities. While a newly filed bill by Rep. Emily Slosberg (HB 123) has the laudable goal of protecting Florida’s senior citizens from being bullied, just how feasible is it in a community association context? From some of the board and membership meetings I’ve […]

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A Rude Awakening: Your Board May Not Have the Right to Screen Leases and Sales at All!

Even in the frenzy of post-Irma repairs, ordinary life continues and for most volunteer boards and professional managers that means screening applicants who wish to lease or purchase in their communities. However, purchase and rental screening has become such a part of the fabric of community association life that some boards and managers have forgotten […]

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“Tackling Fraudulent Emotional Support Animals” – Florida Community Association Journal

Chances are that your community has some type of pet restrictions. It’s also a good bet that you have received one or more requests you deemed questionable with regard to a dog that does not meet those restrictions but the owner insists, nevertheless, that the dog is his or her emotional support animal (ESA). Many […]

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Donna DiMaggio Berger on Hurricanes and Condo Associations in the Miami Herald

Donna DiMaggio Berger, shareholder with our Community Association practice group, was published by the Miami Herald in a September 20 op-ed piece titled “Community Associations Need to be Hurricane-Proof, Too.” Donna’s article discusses some of the key steps community association boards and their managers can take, both before and after major storms, to best prepare […]

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Associations Dealing With Unique Problems Post Hurricane Irma

Thankfully Floridians heeded the call and evacuated where necessary and prepared one and all for the monstrous Hurricane Irma. While Irma was a lengthy and dangerous storm, the effects on Florida were not as devastating as had been feared. However, for thousands of shared ownership communities, volunteer boards, professional managers and residents will be dealing […]

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Your Florida Board of Directors Now Has Emergency Powers as a Result of Hurricane Irma; What Will You Do With Them?

Governor Scott has declared a Florida-wide state of emergency which now deploys the emergency powers for volunteer boards found in Sections 718.1265, 719.128 and 720.316 of the Florida Statutes. Hurricane Irma may prove to be the testing ground for these emergency powers to determine, post-storm, if boards abused these powers and therefore the powers need […]

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Five Mistakes Your Board of Directors Can Avoid if Hurricane Irma Hits

In the aftermath of Hurricane Harvey’s destruction and with Irma fast approaching the eastern US coastline, I could blog about the steps your community needs to take to prepare. I’ve written that blog post many times before and I often wonder how many board members, managers and community association residents have followed that advice.  At […]

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Donna DiMaggio Berger on ABC’s Channel 10 News

Condo and association law shareholder Donna DiMaggio Berger was interviewed by Channel 10 News for a story that aired on last night’s broadcast. The piece covered issues around the recently vetoed legislation in Florida that would have allowed older high-rise condominiums to opt out of a fire sprinkler installation requirement. Donna told Channel 10 that if the […]

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Could Your Community Association Turn into the Next Confederate Symbol Battleground?

In light of recent events in Charlottesville, it should come as no surprise that symbols mean different things to different people and there will unfortunately continue to be disagreements (and at times violence) when it comes to interpreting whose rights deserve protection as they pertain to those symbols. While it is not likely that a […]

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“What’s in a Name?” – Florida Community Association Journal

When Shakespeare coined the phrase “the slings and arrows of outrageous fortune” in Hamlet, he probably wasn’t envisioning that sentiment could apply centuries later to volunteer board members. However, the Bard was opining that bad things can happen to a person, and in the present-day context, if you are serving on a community association board […]

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When Differences turn into Dysfunction: Why Your Board of Directors Needs a Code of Conduct

The role of board members in a community association is fairly straightforward: keep informed on the association’s business operations; be familiar with and come prepared to discuss the agenda items for upcoming board meetings; encourage and participate in constructive, businesslike discussions of those agenda items; and use your judgement to represent the community and its […]

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Going Too Far Down the Rabbit Hole: How Our National Political Discourse Parallels Our Community Association Discourse

It’s hard right now to turn away from the 24/7 news cycle and its discord, rancor and heated rhetoric. When we spend the majority of our time discussing just 20% of the topics which concern us, we cannot commit time or energy to the other 80% which also demands our attention. It’s not surprising that […]

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“A Look Back at Online Voting’s First Year in Florida” – Florida Community Association Journal

“How much longer do you think it will be?” an owner hissed in my ear as she tapped on her oversized watch to indicate her growing impatience as we reached the three-hour mark in a 400+ unit condominium election. I told her it shouldn’t be much longer while secretly hoping my optimism was accurate. The […]

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Donna DiMaggio Berger on the Airbnb issue in Daily Business Review

Donna DiMaggio Berger’s commentary on the First District Court of Appeal’s recent ruling on short-term rentals in private communities was published in the Daily Business Review’s May 16, 2017, issue. With Airbnb and similar short-term rental sites here to stay, Donna dissects the ruling’s impact on residential use restrictions in private residential covenants. She discusses […]

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Florida Legislature Approves Landmark Bill Allowing High Rises to Opt-Out of Installing Fire Sprinkler and Engineered Life Safety Systems

Becker & Poliakoff Lobbying Team Scores Win for Condo Associations FORT LAUDERDALE, Fla. – May 16, 2017 – In a major victory for Florida’s condominium owners, the Florida Legislature last week approved a bill allowing a key opt-out provision for installing fire sprinkler and engineered life safety systems in older high-rise buildings. Becker & Poliakoff shareholder […]

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Becker & Poliakoff Announces Launch Of Proprietary ‘BPBALLOT’ Voting Software For Community Associations

Law firm becomes first in Florida offering proprietary online voting software to address long-standing challenges for managed communities FORT LAUDERDALE, Fla. – March 22, 2016 – The law firm of Becker & Poliakoff today announced the launch of BPBALLOT, a proprietary, secure online voting software for community associations. As the only law firm in Florida providing […]

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New Law Puts Phony Service Dog Owners on Notice

A new law passed by the Florida Legislature takes the first tentative steps toward making it easier for business owners and airlines to keep phony service animals out of restaurants, away from condo swimming pools and off commercial airline flights unless they’re actually certified by the state. It’s the latest battle in a long war between pet […]

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Florida Supreme Court Ruling on Attorneys is Bad News for Condo Associations

Condo association boards hoping to cut legal fees by performing some everyday tasks in-house will need to reconsider after the Florida Supreme Court reaffirmed an earlier opinion that these duties constitute practicing law without a license. Still reeling from the last housing crash that left some filing for bankruptcy to remain solvent while scrambling to […]

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Donna DiMaggio Berger was a guest on the “Condo & HOA Hour”

Attorney Donna DiMaggio Berger was a guest on the “Condo & HOA Hour” on radio station KKNW 1150 AM Wednesday, January 21, 2015. Ms. Berger provided commentary on national trends in the community association industry and discussed how technology is affecting HOAs and condos, and how volunteer board members are getting the education necessary to effectively lead […]

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Attorney Donna DiMaggio Berger will be a guest on the “Condo & HOA Hour” January 20, 2015

Attorney Donna DiMaggio Berger will be a guest on the “Condo & HOA Hour” on radio station KKNW 1150 AM Wednesday, January 21, 2015. Ms. Berger will provide commentary on national trends in the community association industry and discuss how technology is affecting HOAs and condos, and how volunteer board members are getting the education necessary to […]

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Donna DiMaggio Berger will be interviewed on WLRN’s Topical Currents – December 2014

Topical Currents host, Joseph Cooper, and producer, Bonnie Berman, will be joined once again by our very own Donna DiMaggio Berger, Esq. as she brings her experience and knowledge to answer listeners’ questions on Tuesday, December 2nd, 2014 from 1:00 pm – 2:00 pm on 91.3 WLRN. Donna will be discussing topics that can affect all […]

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Community Association Leadership Lobby Announces Advisory Board

FT. LAUDERDALE, FL, June 25, 2014 – The Community Association Leadership Lobby (CALL), Florida’s leading community association advocacy organization, today announced the newly appointed CALL Advisory Board, which will provide input on CALL’s vision, strategy and outreach. The Advisory Board consists of community association industry leaders and veterans from across the state who will assist CALL in […]

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Donna DiMaggio Berger will be interviewed on WLRN’s Topical Currents – April 2014

Becker & Poliakoff attorney Donna DiMaggio Berger will be interviewed and take calls from the wide-ranging audience on Topical Currents, the local news program on National Public Radio affiliate WLRN on  Tuesday, June 17th from 1-2 pm. Ms. Berger, who has counseled condominium, homeowners, cooperative, and timeshare association boards in South Florida since 1992 will be […]

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Donna DiMaggio Berger Rejoins Becker & Poliakoff Community Association Law Practice Group

FT. LAUDERDALE, FL, March 5 — Becker & Poliakoff is pleased to announce that attorney Donna DiMaggio Berger has rejoined the firm’s Community Association Law practice group as a shareholder in Ft. Lauderdale. Ms. Berger served as a member of the firm’s Community Association Law practice group from 1992 to 2007. In 2007, she joined the Broward County-based law […]

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