For more episodes of Take It To The Board, click here! Living in mixed-use communities and condo hotels offers certain conveniences but can also pose unique challenges that require careful consideration. In this episode of Take It To The Board, host Donna DiMaggio Berger teams up with Becker attorney Allison Hertz to explore the dynamics of […]
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“Enforcement Consistency Issues Explored” – News-Press
Q: I am on the board of a 54 home HOA. One of the owners has basically all plants in his front yard. That has been that way since I moved into the community 14 years ago. I don’t believe anyone gave him permission to do that but apparently the board at the time turned […]
Read MoreJane L. Cornett Recognized by Florida Bar with Florida Pro Bono Award
Becker is proud to announce Jane L. Cornett has been recognized by the Florida Bar Association for her pro bono work on behalf of low-income and disadvantaged clients. Ms. Cornett is recognized for her work in the 19th Judicial Circuit, which includes Indian River, Martin, Okeechobee, and St Lucie counties. Established in 1981, The Florida […]
Read More“Ideal Board Composition Questioned” – News-Press
Q: During our recent condominium association board meeting, we received questions about how the number of board members impacts our effectiveness. Is having an odd number of members important to avoid tie votes? And, does having an even number, whether due to vacancies or not, create challenges for decision-making? (S.W., via e-mail) A: Section 718.112(2)(a) […]
Read MoreCommunity Update – January 2025
This year promises to be filled with new opportunities to grow together as a community. Whether you’re considering implementing a new rule, looking for helpful tips to overcome budgeting challenges, or need to simplify your voting process, we’ve got you covered. Don’t miss our featured podcast episode which provides a candid look at life within […]
Read MoreCondominium Termination: Don’t Let the End Catch You by Surprise
We all know how condominiums begin—with renderings, design and finishing selections, friendly sales agents, and, of course, so many documents. However, once a condominium becomes an aging project, particularly one rife with escalating maintenance needs and expenses, it is worth considering how the condominium may be terminated.
Read MoreCan 55+ Communities Avoid Compliance With Federal Laws Which Prohibit Age and Familial Status Discrimination?
In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering that their various rules regulating or prohibiting youngsters’ use of the association’s facilities may run […]
Read MorePerils and Pitfalls of Social Media in Community Associations
Social media has transformed the way people communicate. In restaurants you can look around and see people “dining together” while on their cell phone. I was at a movie theater this weekend and even noticed the white glow of cell phone screens lighting up during the film. Social media, which provides an instantaneous platform to […]
Read MoreImportant Insights from Florida’s Former Condominium Ombudsman
For more episodes of Take It To The Board, click here! Our last episode of Take It To The Board involved a discussion with an owner in a luxury high-rise who had become disenchanted with some of the governance issues in his community. Today’s episode takes us further on that path as host Donna DiMaggio Berger sits […]
Read More“Facilitating Community Participation via Electronic Voting” – FCAP Managers Report
In many community associations, voter apathy is a real issue with members not returning proxies and not attending meetings. This does not only impact elections, but also other membership votes, such as amending the governing documents and voting on material alterations. Simplifying the voting process for owners can go a long way to facilitating membership participation in […]
Read More“Budgeting Challenges” – FLCAJ Magazine
Come gather ‘round people Wherever you roam And admit that the waters Around you have grown And accept it that soon You’ll be drenched to the bone If your time to you is worth savin’ And you better start swimmin’ or you’ll sink like a stone For the times they are a-changin’ “The Times They […]
Read More“New Hurricane Protection Law Questioned” – News-Press
Q: What is the penalty, if any, for a Florida condo association that refuses to adopt hurricane protection specifications? We have none and there is no interest in doing so. Seems to fall into “they won’t find out about us.” (D.N., via e-mail) A: The Florida Condominium Act was amended effective July 1, 2024 to […]
Read MoreBecker Recognized in SFBJ’s 2025 “Top Law Firms” List
We are pleased to announce Becker has been ranked in the South Florida Business Journal’s “Top Law Firms in South Florida” list for 2025. The list ranks South Florida law firms by number of lawyers, partners, and total staff. Becker has been named in the top 25 ranks every year since 2017. To view the […]
Read MoreLife on The Other Side – A Resident’s Candid Take on Condo Living and Community Governance
For more episodes of Take It To The Board, click here! Everyone knows that boards and management are the decision makers in community associations—but what’s it like to be on the receiving end of those choices? In this week’s episode of Take It To The Board, host Donna DiMaggio Berger flips the script with a guest who provides […]
Read More“Association Mold Remediation Role Questioned” – News-Press
Q: What are the powers and duties of a condominium association in Florida regarding unit repair and reconstruction to treat mold after a hurricane? (L.N., via e-mail) A: Like many legal issues, “it depends.” Mold has been a scary word in association operations over the past couple of decades, primarily after a couple of large […]
Read MoreBecker Expands in NYC with Addition of Anderson & Ochs and 3 New Partners
New York, NY – January 8, 2025 — Becker, a multi-practice commercial law firm with attorneys, lobbyists, and other professionals in offices throughout the East Coast, is proud to announce its expansion with the addition of Anderson & Ochs, a New York City-based law firm. This strategic move bolsters Becker’s commercial litigation and community association […]
Read More“Retroactive Application of Rules Explained” – News-Press
Q: My condominium association is considering implementing a new rule. They are unsure if the new rule can be applied retroactively to violators who broke the rule before it was enacted. If the board decides to enforce this rule, would they need to amend the bylaws, or can they implement and enforce this retroactively on […]
Read MoreCommunity Update – December 2024
The start of a new year brings fresh opportunities, exciting projects, and a chance to reflect on our collective achievements. In this issue, we look back at the year’s most popular reads and share helpful tips on Florida’s condo deadline. We also pass the torch to new CUP editors, Yeline Goin and Joseph Arena. Don’t […]
Read More“Meeting Motion Starts Fireworks” – News-Press
Q: At the recent annual meeting of our condominium association, the president asked at the end of the meeting if there was any “new business.” I raised my hand and made a motion to appoint a committee to audit the insurance income and expenditures from Hurricane Ian. The president told me she would take it […]
Read More“Ambiguities in ‘Condo 3.0’ and Potential Solutions” – FLCAJ Magazine
HB 1021, a substantial overhaul of the Florida Condominium Act commonly referred to as “Condo 3.0,” was signed by Governor Desantis and became effective July 1, 2024. While many of the changes to the Act were objectively necessary (such as the new heightened board member education requirements, the requirement of an association with more than […]
Read More“Conflict of Interest Laws and Your Condominium Association” – FCAP Managers Report
Amid rising costs and scrutiny of the operations of condominium associations across the state, your condominium association has likely placed an emphasis on doing business with people and companies it can trust. After all, wouldn’t you prefer that in your own business dealings? But what if these trusted people and companies have close ties to […]
Read More“Smoking Ban Raises Questions” – News-Press
Q: My condominium association board recently implemented a “no-smoking” policy after receiving numerous complaints about second-hand smoke. Several residents continue to smoke in their unit and on their balcony, insisting they have the right to do so in their own home. The situation is becoming increasingly contentious. While some residents support the policy, others are […]
Read More“’55 and Over’ Housing Explained” – News-Press
Q: I have a question on people moving into a “55 Plus Park” at age 55 or older. Can I later give the home to a younger relative with children? (G.A., via e-mail) A: The federal Fair Housing Amendments Act of 1988, which became effective in 1989, prohibits discrimination in the terms and conditions of housing based […]
Read MoreDonna DiMaggio Berger Explores Florida’s Condo Market Challenges in Sun Sentinel Op-Ed
Donna DiMaggio Berger, shareholder and Vice Chair of Becker’s Community Association Practice Group, authored an op-ed for the Sun Sentinel analyzing the transformative challenges and opportunities reshaping Florida’s condominium market. Berger examines the impact of recent legislative changes, including engineering and reserve funding mandates, highlighting the delicate balance between enhancing safety standards for multifamily housing […]
Read MoreThe Impact of Rentals on Community Associations with David Muller, Vice Chair of Becker’s Community Association Practice
For more episodes of Take It To The Board, click here! This week’s episode of Take It To The Board explores a topic that resonates deeply with many community association boards: the impact rentals have on a community and how to balance an owner’s desire to lease out his or her unit with the association’s […]
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