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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“Abandoned Properties Regulated By Statute” – News-Press

Q: What rights does a condominium association have when dealing with an abandoned unit, and under what circumstances can it go into the unit? (K.Y., via e-mail) A: Section 718.111(5)(b) of the Florida Condominium Act provides that even if the declaration of condominium or other recorded condominium documents do not explicitly provide such authority, the […]

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Becker Announces Strategic Leadership Roles for Continued Growth

October 25, 2024 — Ft. Lauderdale, FL — Becker, a multi-practice commercial law firm with attorneys, lobbyists, and other professionals throughout the U.S., is proud to announce key additions to its leadership team as part of its continued commitment to strengthen practice areas and position the firm for future growth. As part of this strategic […]

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“Ease the Snowbird Transition” – Florida Community Association Journal

Welcome back, snowbirds! Many of our Florida communities have large populations of snowbirds—residents who reside “up North” during the summer and in sunny Florida for the winter months. Snowbirds have been traveling to Florida in one form or another for over 100 years. The population of Florida increases by more than five percent every year […]

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“Budget Season is Approaching” – FCAP Managers Report

If your condominium association has a fiscal year that follows the calendar year, it is about that time of year to begin thinking about next year’s budget.  The Budget and Reserves Manual from the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares and Mobile Homes recommends that associations start gathering information to prepare […]

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A Guide to Impact-Resistant Windows and Doors

For more episodes of Take It To The Board, click here! On this week’s episode of Take It To The Board podcast, we’re opening the doors—and windows—to a topic that’s both timely and critical for community associations both in hurricane season and year-round impact doors and windows. Host Donna DiMaggio Berger and guest Ben Friedman, owner and President […]

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“HOA Rulemaking Procedures Questioned” – News-Press

Q: Recently, the board of our homeowners’ association amended the community rules without filing the updated document with the county clerk. They only noted the change on our website. Can the board enforce a rule change that wasn’t officially recorded? (E.R., via e-mail) A: Section 720.306(1)(b) of the Florida Homeowners’ Association Act outlines the procedures […]

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Webinar: Corporate Transparency Act: Mandatory Reporting for Community Associations Due by January 1, 2025

 The Corporate Transparency Act (the “CTA”) is a federal law designed to address money laundering and corruption and requires reporting of business ownership information to the U.S. Department of the Treasury Financial Crimes Enforcement Network. While there have been lobbying efforts to remove community associations from the application of the CTA, the ultimate results […]

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“Condo Director Term Limits Questioned” – News-Press

Q: Our condominium association hasn’t held elections for many years due to a lack of more applicants than available board seats. We are considering amending how we handle board terms and adding term limits at the next annual meeting. Should we implement staggered terms for continuity and fair rotation, or should board members be allowed […]

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Navigating the Stormy Landscape of Disaster Recovery and Insurance — with Wayne Srsen and Kelly Kuhn

For more episodes of Take It To The Board, click here! In the aftermath of Helene’s wrath and Milton’s threatening approach, this week’s episode of Take It To The Board, hosted by Donna DiMaggio Berger, takes us on the emotional journey of community association industry veterans Wayne Srsen and Kelly Kuhn as they share their firsthand […]

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Additional Opportunity to Extend Your Permit Expiration Dates: Hurricane Milton

Some property owners, developers, construction industry professionals, and other building permit- and authorization-holders may be eligible for extensions to preserve their development and construction rights. A Florida law allows certain qualifying permits and authorizations to be extended beyond their current expiration dates once the Governor issues a state of emergency stemming from natural causes. Governor […]

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“New Website Laws on the Horizon” – News-Press

Q: Do the new requirements for associations under Chapters 718 and 720 mandate that their websites must have public-facing pages, or is it sufficient for these websites to only have a password-protected area for members to access the required documents? (R.P., via e-mail) A: Section 718.111(12)(g)1. of the Florida Condominium Act was amended, effective July […]

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Community Update – September 2024

While some areas of the West Coast and Panhandle were fortunate to escape Hurricane Helene’s impact, others were not so lucky. Our thoughts are with everyone affected by the storm, and we want to remind you that we are here to help. Our website contains a wealth of educational information for your community, including both pre- […]

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“Delinquent Assessment Rights Discussed” – News-Press

Q: I recently reviewed communications from our condominium management regarding penalties for unit owners who fail to pay their maintenance fees. I find the penalties to be insignificant and ineffective. I am frustrated that those who don’t pay their share of our expenses seem unaffected and continue to enjoy amenities, making these penalties a real […]

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The DBPR Now Has Broader Authority to Investigate and Enforce Compliance

It wasn’t so long ago that Florida’s Department of Business and Professional Regulation (the “DBPR”) had little jurisdiction over the operation of condominium associations after their developer turnover meetings, and, what little jurisdiction the DBPR had over associations after turn over, was often exercised by providing warnings and board member education to associations that were […]

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New Heat Protection Rule Is Set to Take Effect

The Occupational Health and Safety Administration (OSHA) has proposed a new heat protection rule aimed at safeguarding employees who are exposed to excessive heat in their work environments. This rule is particularly relevant to condominium associations and homeowner associations, which often employ staff such as landscapers, maintenance workers, and pool attendants who spend extended time […]

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Guarding Against the Unauthorized Practice of Law

The unauthorized practice of law poses significant legal and financial risks to both community association managers (CAMs), board members, and the communities they serve. The Florida Supreme Court has consistently ruled on the boundaries of lawful conduct for non-lawyers, particularly in the context of community association management. These rulings underscore the importance of distinguishing between […]

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Community Association Insights with Industry Leader Dawn Bauman of the Community Associations Institute (CAI)

For more episodes of Take It To The Board, click here! Learn the secrets to help your community thrive on this week’s Take It To The Board podcast, as host Donna DiMaggio Berger sits down with Dawn Bauman, Senior Vice President of Government and Public Affairs at the Community Associations Institute (CAI). Dawn is a leading advocate for […]

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Additional Opportunity to Extend Your Permit Expiration Dates – Potential Tropical Cyclone Nine

Some property owners, developers, construction industry professionals, and other building permit- and authorization-holders may be eligible for extensions to preserve their development and construction rights. A Florida law allows certain qualifying permits and authorizations to be extended beyond their current expiration dates once the Governor issues a state of emergency stemming from natural causes. Governor […]

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“Is Your Community Association Ready to Fine or Suspend?” – FCAP Managers Report

Whether your association is a condominium, a cooperative, or a homeowners’ association, chances are that, at one point or another, it has had to deal with a resident who just can’t seem to abide by your governing documents. We all have had that one neighbor who insists on blaring music at odd hours of the […]

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“Free Speech is Not Always Free” – News-Press

Q: Can an owner of a condominium association exercise free speech to protest issues with their condominium association? (J.D., via e-mail) A:  That is a complicated legal question. The First Amendment to the United States Constitution only prohibits the federal government from abridging free speech rights. That protection is extended to the States and their […]

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“HOA Deadline Approaching/Publication of Rules and Covenants” – News-Press

Q: I am on the board of our homeowners’ association. I have been reading about all the new required actions our board is supposed to take. One of the new changes deals with sending our documents out. Can you clarify what we are supposed to do? (S.F., via e-mail) A: Pursuant to Section 720.303(15) of […]

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Mastering Construction Contracts: Essential Insights with Steve Lesser

For more episodes of Take It To The Board, click here! Whether replacing a roof, undergoing major concrete restoration, or updating your common areas, understanding construction contracts is essential to secure the best possible outcome for your repair or renovation projects. In this week’s Take It To The Board podcast, host Donna DiMaggio Berger unlocks the secrets […]

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Utility Rates on the Rise: How New Jersey Community Associations May Be Affected and How to Prepare Now

As energy costs are predicted to dramatically increase and budget season is upon associations with fiscal years based on the calendar year, New Jersey associations that purchase electric service for their residents should prepare for surging utility rates in 2025 and 2026 following PJM Interconnection’s (“PJM”) last capacity auction. PJM, headquartered in Valley Forge, Pennsylvania, […]

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“Electronic Voting in Elections Now Common” – News-Press

Q: Our small condominium association (27 units) has a number of unit owners who are either foreign nationals, primarily residing abroad, or marine industry folks working offshore for months at a time. It is hard for them to vote in our board elections. Must condo board election ballots only be cast by traditional, hardcopy “snail-mail” […]

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“Board Meeting Absences Questioned” – News-Press

Q: One of the board members of our homeowners’ association has attended only one meeting in the past year and has not provided any reasons for their absences. I found no clear guidelines in our association’s documents on how to handle such situation. Our board president is content to tolerate the absences. Are there any […]

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