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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Becker Expands Community Association and Real Estate Practices With Jose Luis Baloyra in Miami
February 1, 2023 – Miami, FL — Becker, a multi-practice commercial law firm with attorneys, lobbyists, and other professionals throughout the U.S., announces that Jose Luis Baloyra has joined the firm as a shareholder in the firm’s community association and real estate practices and is resident in the firm’s Miami office. Mr. Baloyra provides counsel […]
Read More“Easements Explained” – News-Press
Q: The survey for my lot when I closed on my property shows a 15-foot-wide drainage easement dedicated to my homeowners’ association. Can my association use the drainage easement for another purpose besides drainage? (A.D., via e-mail) A: Most likely not. However, the answer to your question depends on several things, including the language contained […]
Read MoreHurricane Ian Webinar Series: Lee County
For those of you recovering from Ian, our hearts are with you, and our team is here to help your community in any way we can. That is why we are bringing you as much information as possible to help guide you through the process in the aftermath of Ian. Different locales face different […]
Read MoreReviving Unenforced Restrictions
The previous boards failed to enforce the provisions of the Declaration, bylaws, and/or rules and regulations of the community and now whenever the manager tells someone that they are in violation, the response is that the Association allowed this to occur for many years without enforcement. All is not lost. A previously unenforced restriction may […]
Read MoreThe Role of Impartial Committees in Condominium Elections
The focus of this article is on impartial committees for the annual election. This committee tallies the votes that were cast and determines the outcome of the election. If selected in advance of the annual meeting by the Board, the committee may also verify outer envelope information in advance of the meeting. As a starting […]
Read MoreSpecial Assessments
There are very specific statutory requirements for levying a special assessment in a condominium. Your governing documents must be reviewed to determine who votes on the special assessment (Board, membership, or both), and the notice period for the meeting at which the special assessment will be approved. Sometimes the notice period will be longer than […]
Read MoreHurricane Ian Webinar Series: Fort Myers Beach
For those of you recovering from Ian, our hearts are with you, and our team is here to help your community in any way we can. That is why we are bringing you as much information as possible to help guide you through the process in the aftermath of Ian. Different locales face different […]
Read MoreBecker New Jersey Community Update for January 2023
The New Jersey Community Update newsletter is out for January, and this issue covers a range of topics. Shareholder David Dockery delves into everything you need to know about electronic voting for your condo/HOA in New York/New Jersey, and how moving to electronic voting can save your association time and money. Becker’s Community Association Practice […]
Read MoreHurricane Ian Webinar Series: Sanibel/Captiva
For those of you recovering from Ian, our hearts are with you, and our team is here to help your community in any way we can. That is why we are bringing you as much information as possible to help guide you through the process in the aftermath of Ian. Different locales face different […]
Read MoreTake It To the Board: 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 they […]
Read MoreDavid Dockery Awarded CAI-NJ Chapter’s “Author of the Year” Award
Becker Community Association Senior Attorney, David L. Dockery, is the recipient of the Community Association Institute-New Jersey Chapter’s “Author of the Year” award. The New Jersey chapter of Community Associations Institute will celebrate excellence in the industry during their Annual Awards Ceremony. David Dockery focuses his practice on the representation of community associations in New […]
Read More“Association Loans Explained” – News-Press
Q: The board of directors of my condominium association has stated they are considering major restoration projects soon and have stated that they are considering a loan from a bank to fund part the projects. While nothing has been decided, the board has mentioned that considering a loan to pay for the work. Does the […]
Read More“Manager Licensing Explained” – News-Press
Q: What exactly is a CAM? I hear this term used at some of our board meetings. (K.R., via e-mail) A: The term “CAM” is an acronym often used when referring to a “community association manager.” A CAM is a person licensed by the Florida Department of Business & Professional Regulation to perform “community association […]
Read MoreTake It To the Board: 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 […]
Read More“Can the Board Enforce Restrictions that the Previous Board Failed to Enforce?” – FCAP Managers Report
The short answer is yes. But not so fast. The correct procedures must be followed. The Board needs to put owners on notice that from this point onward, the restriction that was previously unenforced will now be actively and evenly enforced. This is done through a Board resolution adopted at a duly noticed Board meeting. […]
Read More“SBA Loan Update” – News-Press
The U.S. Small Business Administration (“SBA”) has announced that it is waiving the interest rate for the first year on new loans and deferring loan re-payments for 12 months. Therefore, SBA loan borrowers will not be required to make principal payments or interest payments during the first year of the loan. The SBA is automatically […]
Read MoreCommunity 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 […]
Read MoreEpisode 30: Can an Owner Sue the Board if They Disagree With a Capital Improvement?
I am on the Board of my association, and we have just decided to build a new fitness center that will require a five million dollar loan for the capital improvement. The only thing is now an owner in our community has threatened to sue us because they don’t agree with the decision to move […]
Read MoreSanjay Kurian Quoted in Daily Business Review
Becker’s Ft. Myers Office Managing Shareholder Sanjay Kurian was quoted in the Daily Business Review article titled, “New Florida Insurance Law Is Poised to Put a Damper on Property Claims Litigation.” To read the full article, please click here. Sanjay Kurian is Florida Bar Board Certified in Construction Law and is recognized by leading legal […]
Read MoreTake It To the Board: 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 […]
Read More“Law Permits Non-Owners on Board” – News-Press
Q: An issue recently arose in my homeowners’ association regarding who may be a candidate for election to the board of directors. A resident in the community, who is not on the deed of the home, has expressed an intent to run for the board. However, can a non-owner serve on the board of directors […]
Read MoreSpecial 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 […]
Read More“Sunshine Laws Apply to Board ‘Workshops'” – News-Press
Q: I am a director on the board of our HOA and we are questioning whether or not our board members can have a workshop to brainstorm and discuss the budget prior to presenting the budget to our membership. The board would not be looking to vote on and adopt the annual meeting at this […]
Read MoreTake It To the Board: 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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