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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“2024 Legislative Review Continues” – News-Press

Today’s column is the third installment of our review of 2024 legislation affecting Florida community associations. The first two pieces dealt with changes to the condominium statutes, as will today’s review. Electronic Voting: In a seemingly minor but potentially substantial change, the law now provides that if the board authorizes online voting, the board must […]

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A Board Members’ Guide to Unexpected Issues – Your Questions Answered

For more episodes of Take It To The Board, click here! Navigating the complexities of community association governance is increasingly challenging due to evolving laws, heightened personal liability for board members, and onerous regulation including the personal information required of volunteer board members under the controversial Corporate Transparency Act. In this episode of Take It […]

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“Review of Condo Law Changes Continues” – News-Press

This is the second installment of my annual legislative review for 2024. The first segment looked at changes to the condominium laws regarding director education, mandatory website requirements, new board meeting procedures, and the addition of criminal penalties for certain aspects of condominium statute violations. Today we will look at more changes to the condominium […]

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“Annual Legislative Review Begins” – News-Press

2024 was a particularly active year for community association legislation. There were several hundred pages of legislation affecting condominium, cooperative and homeowners’ associations. Community association legislation is often described as “the good, the bad, and the ugly.” 2024 was a notable exception in that not much “good” appears to have been done. Today we will […]

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From Chaos to Order: Tips from a Decluttering Pro on Hoarding and Maintaining Your Association’s Records

For more episodes of Take It To The Board, click here! Are you struggling with a hoarder in your association and need practical advice? Do your Association’s books and records need some attention now that new laws in Florida require them to be kept in an “organized fashion”? Tune in to “Take it to the […]

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Community Update – June 2024

June means the start of Hurricane season in Florida and while we always hope for a quiet year, it’s important that your community is prepared. Check out Becker’s Hurricane Guide for helpful tips before, during, and after the storm. This issue of CUP also features common questions on violation notices, a bird’s eye view of […]

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Winning Your Case: Selecting the Right Experts in Community Association Transition Litigation

If your community association is in the midst of transition litigation or in the beginning stages of contemplating bringing suit for transition or construction defects against the developer of your community, then you’re going to need to assemble the right team. In New Jersey, that team will include an “expert.” But what is an “expert” […]

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“New Law Requires Dissemination of Documents” – News-Press

Q: I recently bought a house and became a new member of a homeowners’ association. The association did not give me or my realtor a copy of the association’s rules and covenants before my purchase. Can you explain the new law on this that I was told recently passed? (J.D., via e‑mail) A: Amendments to […]

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Revolutionizing Coastal Defense, 3D-Printed Living Seawalls with Anya Freeman of Kind Designs

For more episodes of Take It To The Board, click here! The recent flooding in South Florida makes today’s episode of Take It To The Board particularly timely.  Anya Freeman, the visionary founder of Kind Designs, sits down with host Donna DiMaggio Berger to explain her groundbreaking approach to protecting our coastal properties and shorelines. Anya […]

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Becker Recognized in SFBJ’s 2024 “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 2024. 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 […]

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“It’s That Time of Year Again…Now What?” – Florida Community Association Journal

The snowbirds and spring breakers have all returned home. The weather is warmer, and the days are longer. The summer vacationers have not yet arrived but will soon be here. Unfortunately, this also signifies the potential arrival of a dreaded and uninvited guest: a hurricane. While hurricanes are unpleasant, as with many things in life, […]

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“New Requirements for Condominium Association on Inspections of Official Records” – FCAP Managers Report

The Florida Legislature adopted House Bill (HB) 1021, which makes certain changes to the Chapter 718, or the Condominium Act. Assuming the bill is not vetoed by the Governor, it will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but one of […]

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“Violation Notices Part of Official Records” – News-Press

Q: Does a member of a homeowners’ association have the right to review a list of properties that have violated the HOA rules, such as landscape plants that are not permitted or exterior house paint colors not approved? (A.C., via e-mail) A: If such a list exists, yes. However, the association is not legally obligated […]

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A Lobbyist’s Lens: A Bird’s Eye View of the Legislative Process, Community Advocacy and Condo Law with Lobbyist Travis Moore of Moore Relations, Inc.

For more episodes of Take It To The Board, click here! Host Donna DiMaggio Berger takes listeners behind the curtain of Florida’s legislative process with lobbyist Travis Moore of Moore Relations, Inc. to uncover what lobbyists do, how they do it, and why community association leaders and residents need to know about this process. Together, they discuss […]

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“A Guide to Community Association Governance in New Jersey” – Community Trends

Living in a community association offers an array of benefits – well-maintained common areas, a sense of community, and shared amenities. However, a smooth-running community association relies on a strong foundation built upon a clear and documented framework called the “governing documents.” This framework, however, can be complex and downright overwhelming at times. The governing […]

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Community Update – May 2024

Hurricane season is here. It’s time to get ready, and then stay ready. This issue of CUP also addresses the do’s and don’ts of association committees, estoppel certificates, and association contracts. Don’t miss our featured article on the Corporate Transparency Act (CTA) and beware of the recently issued scam alert Two of the bills signed […]

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Vacation Rentals and Community Associations

Over the past few years, Airbnb and VRBO (collectively referred to as “Vacation Rentals”) have become a very popular form of short-term rental. Vacation Rentals include a range of rentals from houses, condos, or in some instances rooms for a period under 30 days’ at a time. While some owners believe they have this right […]

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“Association Contracts” – FCAP Managers Report

Whether your community association is a condominium, cooperative, or a homeowners’ association, Florida law empowers your association to enter into contracts in connection with the maintenance and operation of the community. Often times, your association is all but required to contract with third parties in order to maintain and operate the community, as it does […]

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“Estoppel Charges Adjusted for Inflation” – News-Press

Q: I recently requested an estoppel certificate from our homeowners’ association to confirm the dues and fees associated with my property in connection with my selling the home. When I received the bill, the amount charged was higher than the cap mentioned in the Florida Homeowners’ Association Act. Can they legally charge more than what […]

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Becker Shareholder Mary R. Hawk Appointed Chairperson of 12th Judicial Circuit Local Professionalism Panel

Becker is delighted to announce that Shareholder Mary R. Hawk has been appointed as the Chairperson of the 12th Judicial Circuit Local Professionalism Panel. Established by the Florida Supreme Court in 2013, the Local Professional Panels operate within each judicial circuit to review complaints of unprofessional conduct within the legal profession. Before her appointment as […]

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The Do’s and Don’ts of Association Committees with Becker’s Ken Direktor

For more episodes of Take It To The Board, click here! Does your association have committees? Do you find them to be a helpful addition to association operations or a harmful “shadow board” with the potential to create liability for the association, its directors, and members? Host Donna DiMaggio Berger sits down with Ken Direktor, Chair of […]

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