Part Two of a Three-Part series: They are responsible, shouldn’t their insurance carrier provide coverage? Last week in part one of our series, “Who pays when causation, claims and coverage cross?” we discussed responsibility for property damage. We learned that responsibility is not as simple as determining “where the leak came from.” Indeed, responsibility for […]
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“Developments Regarding New Term Limit Law,” Naples Daily News
Editor’s Note: David G. Muller is a Board Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 10 other Florida cities. The Firm focuses a substantial amount of its practice on condominium and homeowners association law. Attorney Muller […]
Read MorePart I: Who Pays When Causation, Claims and Coverage Cross?
Part One of a Three-Part series: My oriental carpet was damaged by a roof leak; shouldn’t the association pay for the cost to replace my carpet? The answer is, “it depends.” Having insurance does not always equate to a legal responsibility for damage caused (or repairs necessitated). Likewise, a legal responsibility for damage or repairs […]
Read MoreCommunity Update – February 2019
This month’s update is all about lowering your risk profile. Read on for a playbook of best practices and procedures that your association should be aware of when dealing with difficult situations such as tenant enforcement actions, insurance company lawsuits, sexual harassment claims, and more. Our featured article, Enforcement Tool Belt – Fining and Suspension, […]
Read MoreEpisode 02: Nudists 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 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 MoreEnforcement Tool Belt – Fining/Suspension
In the proverbial “tool belt” of enforcement options available to an association for violations of the rules and regulations, the imposition of fines and suspensions is one that we frequently get questions about due to the procedures that must be followed. If the process is not followed properly, it may result in invalidation of the […]
Read MoreFines and Board Eligibility
Many times, associations are challenged by owners who believe their names were improperly kept off the election ballot because the owner did not agree that they owed a fine. The Condominium Act states that a person who is delinquent in the payment of any monetary obligation to the association is not eligible to be a […]
Read More#MeToo – What is Old is New
You have to be living under a rock if you have not heard of the #MeToo movement. Although stories of sexual harassment in the workplace are nothing new and the law prohibiting sexual harassment has been around for almost 30 years, it seems as though stories of sexual harassment in the workplace are being told […]
Read MoreThe Subrogation Situation
With increasing frequency, insurance companies that provide unit owner insurance are suing community associations to recover payments made to the unit owner that are related to water leaks in the unit. The problem with these lawsuits is two-fold. First, the insurance companies are waiting years to bring them, although still within the statute of limitations […]
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 […]
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