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 […]
Read MoreResults
CALL Alert: 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 […]
Read MoreLearn 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 […]
Read More“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 […]
Read MoreA Brief History of CALL
In the early aughts, high-rise associations throughout Florida were facing the prospect of retrofitting their buildings with sprinkler systems both inside and outside the residential units. The costs, labor, practical hurdles, and aesthetic concerns involved with a state-mandated program of that magnitude created the momentum for a grassroots advocacy initiative like the Community Association Leadership […]
Read MoreProposed 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.
Read MoreCommunity 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 […]
Read MoreWhy 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, […]
Read MoreAssociations 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 […]
Read More“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 […]
Read MoreCALL 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.
Read More“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. […]
Read MoreDonna 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 […]
Read More“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 […]
Read MoreCommunity 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, […]
Read MoreEpisode 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 […]
Read More“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 […]
Read MoreAre there skeletons in your Association’s closet?
Last week I was preparing an amendment to a set of recorded governing documents for a local community that were over 50 years old. There had been several amendments over those decades and I was asked to provide a few more updates by the recently electe…
Read MoreAirbnb 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 …
Read MoreDonna 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 […]
Read More27 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 […]
Read More“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 […]
Read More“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 […]
Read More2019 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 […]
Read MoreBecker’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 […]
Read More2019 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 […]
Read More2019 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, […]
Read More2019 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 […]
Read More2019 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 […]
Read MoreEpisode 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 […]
Read More2019 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 […]
Read More2019 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, […]
Read More“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 […]
Read More2019 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 […]
Read More2019 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 […]
Read More2019 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 […]
Read More2019 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 […]
Read More2019 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 […]
Read MoreEpisode 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, […]
Read MoreIs 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 […]
Read More“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 […]
Read MoreDonna 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 […]
Read MoreFL 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 […]
Read MoreHow 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 […]
Read MoreDeadline 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 […]
Read MoreKnow 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 […]
Read MoreCALL’s Florida Community Association Legislative Guide 2018
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, […]
Read MoreDonna DiMaggio Berger – a Profile Feature in the Daily Business Review
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 […]
Read MoreShould 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 […]
Read MoreMental 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 […]
Read MoreSummer 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 […]
Read MoreWhen 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 […]
Read More“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 […]
Read MoreGetting A Mulligan (Do-Over) for Your Board in 2018
Whether we call them mistakes, oversights, slip-ups or boo boos, we all make them including volunteer board members who are often hamstrung by both operational and time constraints. The new year provides an optimal opportunity to correct items from 2017 or even earlier. The law allows a corporation which has taken authorized actions but which […]
Read MoreImprove 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 […]
Read MoreThe Wake Up Call: Surveying The Storm
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 […]
Read MoreMedical Marijuana and Your Florida Community
Engineered Life Safety System (ELSS) Lobbying Initiative
In Defense of HOAs
HOAs certainly have their share of detractors. Many HOAs operate a community of detached, single family homes which begs the question: it’s my house; it’s my yard; other than the local building code, why should my HOA be able to restrict what I can do with them? Does it really matter how I maintain my […]
Read MoreCountdown 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 […]
Read MoreCan 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 […]
Read MoreA 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 […]
Read MoreA Different Kind of Blog Post: A Letter to My Children
I had planned another blog post for today about boards’ screening ability regarding sales and leases. However, I woke up to the news of yet another mass shooting and loss of life; this time in Las Vegas. I sat down this morning and wrote the following email to my twenty-something daughter and son who live […]
Read More“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 […]
Read MoreLessons Learned: Storm-Proofing Community Associations
Lessons Learned: Storm-Proofing Community Associations
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 […]
Read MoreTips for Apartment Renters on How to Deal with Hurricane Irma
Community Association Questions Post Hurricane Irma
As with many Florida communities, my HOA Board had questions in the aftermath of Hurricane Irma. Would FEMA pay to pick up all our debris, when should the security guards be asked to return to duty and could we tap into reserves without a membership vote to pay for storm repairs? Here are a few […]
Read MoreAssociations 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 […]
Read MoreYour 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 […]
Read MoreFive 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 […]
Read MoreDonna 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 […]
Read MoreCould 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 […]
Read More“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 […]
Read MoreWhen 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 […]
Read MoreGoing 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 […]
Read More“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 […]
Read MoreDonna DiMaggio Berger Interview on WLRN Topical Currents Segment: Landmark Association Laws
Court Weighs In on Short-Term Rentals in Private Communities
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 […]
Read MoreFlorida 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 […]
Read MoreThe Airbnb Phenomenon and What It Means for Your Community Association
If your community association is located in or relatively near an area that is attractive to tourists, it is time for your board to start discussing the Airbnb phenomenon and what it might mean in the coming years. Sites like Airbnb, VRBO (Vacation Rentals by Owner), FlipKey, HomeAway, and Roomorama tout the fact that they […]
Read MoreOn the Board: Doing Better
MANY COMMUNITY association board members have a strong desire to make their communities better places to live. For those who are both optimistic and strategic about the changes they can make in their communities, there are a few “must have” items that should be on your radar. Updating governing documents. An outdated set of documents […]
Read MoreBecker & 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 […]
Read MoreLaw Cracks Down on Owners Harboring Fake Service Pets
Good news for condo associations: A new law creates penalties for owners trying to pass their pets off as service animals. Thanks to the new law that now makes it a misdemeanor to lie about an animal’s skill-set as a designated helper to a disabled owner, condo associations have fresh ammunition to enforce their pet […]
Read MoreNew 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 […]
Read MoreManager’s Minute, 2015, June
Hurricane Recovery Team Benchmarking Guide
When a disaster occurs and an insurance claim must be filed, your insurance policy is an extraordinarily valuable asset. Reducing the time between filing of a claim and receipt of insurance benefits is paramount. The Benchmarking Program enables Community Associations to maximize the benefits available under their property insurance policies in the event of a […]
Read MoreFlorida 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 […]
Read MoreDonna 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 […]
Read MoreAttorney 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 […]
Read MoreDonna DiMaggio Berger will be interviewed on WLRN’s Topical Currents
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 […]
Read MoreDrones: The Next Challenge for Private Communities
There seems to be a proliferation of drone sightings these days and not simply of the military variety. OpenSky Drones LLC, a South Florida company, recently launched with a promise to offer engineers, architects and government agencies a less-risky way to inspect real property. In addition to their uses for the military and the real […]
Read MoreCommunity 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 […]
Read MoreDonna DiMaggio Berger will be interviewed on WLRN’s Topical Currents
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 […]
Read MoreIs Your Co-op or Condo Board Enforcing Phantom Rules?
We often hear of boards enforcing a variety of rules restricting pets, leasing, guests, commercial vehicles and more. Many times these restrictions are proper and the board is within its rights to enforce them. However, sometimes it is discovered that a long-standing restriction doesn’t really exist. How does it happen that some boards are enforcing […]
Read MoreDonna 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 […]
Read MoreHow Co-op & Condo Boards Can Recognize “The Fraud Triangle”
One of the areas I cover in my educational programs is teaching boards and managers to recognize the “Fraud Triangle,” and what it can do in their communities if left unchecked. The Fraud Triangle consists of: Opportunity, Pressure and Rationalization. Opportunity presents itself when a person sits in a position of trust in a community. That […]
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