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Take It To The Board: Why Local Government Matters Most with Vice Mayor Sarai “Ray” Martin of Inverrary

For more episodes of Take It To The Board, click here! In today’s episode, Donna DiMaggio Berger sits down with Vice Mayor Ray Martin of Inverrary to discuss why it is important to keep most regulation at the local level – particularly in large, diverse states –rather than using a “one size fits all” solution at the state level. […]

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“Lessons Learned from Past Hurricanes” – FCAP Managers Report

In 2004 the east coast of Florida was struck in very short order by two significant hurricanes, Frances and Jeanne. While we learned many, many lessons from those hurricanes, one of the problems that we faced, over which we had limited control, was the issue of communication. While many clients did not have up-to-date email […]

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Community Update – May 2023

This edition of Becker’s Community Update highlights remote voting, managing your personnel, and constitutional rights. Don’t miss the 50th anniversary video that showcases Becker’s rich history and culture. Also featured this month is our Hurricane Preparedness and Recovery Guide. While we hope to be spared from the worst, it’s crucial that your community association is […]

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What Are Limited Common Elements and Who’s Responsible?

The Florida Condominium Act defines limited common elements as those common elements that are reserved for the use of a certain unit or group of units, as specified in the declaration of the condominium. This definition indicates that the limited common elements are a subset of the common elements. Examples of what may be included […]

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The New Fannie Mae and Freddie Mac Lender Questionnaire: To Answer, or Not to Answer, That Is the Question!

The Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) recently issued new temporary requirements as an attempt to mitigate risk in community association loan underwriting. Many other industries within the community association world, such as insurance, have adjusted costs and guidelines in an effort to mitigate risk as […]

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Getting “Flag Ready” for the Fourth of July

Flags serve as a powerful symbol of a nation, its ideals, and its people, and their display in community associations is addressed under State law. The Florida Condominium Act permits a unit owner to display, in a respectful manner, one portable, removable United States flag and portable, removable official flags, not larger than 4.5-feet by […]

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CAI National’s 2022 Florida Legislative Action Committee of the Year Award

Robyn Severs accepted the CAI National’s 2022 Florida Legislative Action Committee of the Year award which is presented to a state legislative action committee that has demonstrated organizational excellence, maintained strong member support, successfully managed statewide campaigns, and raised the visibility and effectiveness of CAI. The Becker team was mainly recognized for their work on […]

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Webinar: Legislative Update 2023

 In this course, participants will receive a review of the laws passed during the 2023 Legislative Session impacting condominiums, cooperatives, homeowner associations, timeshares and the community association management profession. It is designed to provide board members and community association managers with a working knowledge of the changes to the law to assist them in […]

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Take It To The Board: Guns, God, and Gab – A Constitutional Analysis with Jay Roberts, Esq.

For more episodes of Take It To The Board, click here! In today’s episode, Becker Shareholder Jay Roberts, who represents community associations and developers with respect to all aspects of creating and operating planned community developments throughout Northwest Florida, sits down with Donna DiMaggio Berger to discuss two thought-provoking questions: Should commonly accepted rules regarding signs, flags, and […]

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“Simplifying Official Records Inspections for both the Association and the Owners” – FCAP Managers Report

Condominium associations, cooperatives, and homeowners’ associations are all required to maintain and make available to owners official records of the association. The respective statutes governing each type of association contain a list of records that must be maintained by the association, as well as a catch-all provision for “all other written records of the association.” […]

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“Reserve and Inspection Laws Changed” – News-Press

Consisting of what I would categorize as relatively minor changes to the sweeping building inspection and reserve laws enacted in 2022, here is a look at Senate Bill 154, which will become law upon signature by the Governor: Inspection Deadlines: The relevance of proximity to the coastline has been removed from the law as a […]

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Take It To The Board: Donna DiMaggio Berger Celebrates 50th Episode with Business Attorney and Husband, Michael Berger

For more episodes of Take It To The Board, click here! This week, Take It To The Board is proud to release its 50th episode! This podcast was started with the goal of giving its listeners a glimpse into the inner workings of a community association including the good, the bad, and the ugly. Now, it is […]

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Becker Opens Third New Jersey Office and Grows Community Association Practice: Jonathan H. Katz and Loren Rosenberg Lightman Join the Firm’s Community Association Practice

May 8, 2023 – Morristown, NJ — Becker, a multi-practice commercial law firm with attorneys, lobbyists, and other professionals throughout the U.S., announces that Jonathan H. Katz and Loren Rosenberg Lightman have joined as shareholders in the firm’s New Jersey community association practice. They will be based in the firm’s new Mount Laurel and Red […]

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“Minutes Must Be Kept Permanently” – News-Press

Q: How long must a 50-year-old condominium retain the minutes of the board of directors’ meetings? (K.B., via e-mail) A: Section 718.111(12)(a) and (b) of the Florida Condominium Act requires that the minutes of all meetings of the condominium association, including meetings of the unit owners and meetings of the board of directors, be permanently […]

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Webinar: New Law Puts Communities at Risk – How to Protect Your HOA or Condo

 This program is not eligible for CEU credit or certificate of completion.   Governor DeSantis recently signed Senate Bill 360 into law. This law’s stated purpose is to curtail frivolous construction defect lawsuits by significantly reducing the amount of time parties have to bring such lawsuits. However, the practical effect of this bill is […]

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“Can the Directors and Members of Your Community Association Meet and Vote Remotely?” – FCAP Managers Report

During the COVID-19 pandemic, people and businesses alike struggled to meet, organize, and otherwise conduct business in person due to quarantine measures and social distancing policies. In light of these challenges, in 2021, the Florida Legislature enacted laws to make clear that, during a state of emergency, condominium, cooperatives, and homeowners’ associations are authorized to […]

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“Managing Your Personnel: Five Lessons That You Don’t Want to Learn the Hard Way” – Florida Community Association Journal

Shareholder, Jamie Dokovna writes about the challenges that ensue when managing personnel by highlighting five important lessons: Lesson One – Hire the right people Lesson Two – Have policies and enforce them Lesson Three – Be flexible when necessary Lesson Four – The tools you have aren’t any good if you don’t use them Lesson […]

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“Use of Surplus Money Questioned” – News-Press

Q: My condominium association recently approved a special assessment to pay for a construction project. The project is now completed and there is money left over. The board has now called a meeting where they are going to consider the applying those funds to a different project. Isn’t the association required to return this money […]

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Community Update – April 2023

The 2023 Legislative Session has brought significant changes to Community Associations. In this Community Update, we address new restrictions on design and construction defect claims as well as recent amendments to the Florida Fire Prevention Code. Don’t miss the latest podcast featuring Dr. Esber Andiroglu, Professor Harold R. Wanless, and Donna DiMaggio Berger on the […]

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New Law Limits Premises Liability Related to Criminal Activity

A new law, which became effective on March 24, 2023, is intended to limit the liability of the owner or principal operator of a multifamily residential property for criminal acts that occur on the premises which are committed by third parties who are neither employees nor agents of the owner or operator.

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“Avoiding Legal Woes by Mastering the Mundane” – FCAP Managers Report

It seems now more than ever that Florida’s community association managers are asked to do more and more. Focusing on a few of the basics can go a long way in keeping the community association out of legal trouble and alleviating the stress of community association management. Here are a few traps for the unwary […]

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Understanding the New Timeframes for Collections

Associations frequently ask the question: “When should a delinquent owner be turned over for collections?” To fully answer to this question, the association must understand the relatively new statutory requirements that must be fulfilled before an account is turned over to legal counsel for collections, as well as understanding the increased timeframes an owner is […]

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Florida Further Restricts Community Association’s Ability to Bring Design and Construction Defect Lawsuits

Several laws have been passed during Florida’s recent legislative session, and one in particular will have a significant impact for community associations. On April 13, 2023, Florida Governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law. This new law shortens the time period for bringing lawsuits based on design and construction defect claims […]

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