Becker & Poliakoff

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“What’s New in Rules and Restrictions,” Community Association Management Insider

Shareholder Jennifer Horan weighs in on amending community association governing documents to include restrictions on the use of surveillance cameras. “The Ring doorbell has been a huge issue because the span [of the captured images] is so far that they can really see everything. Especially in connected homes, where you may share a driveway, people […]

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Becker’s New Jersey Community Association Practice Continues to Grow With Addition of Senior Attorney Ellen Goodman

February 26, 2020 — Morristown, New Jersey – Becker, a multi-practice commercial law firm with attorneys, lobbyists and other professionals at offices throughout the East Coast, is pleased to announce that Ellen Goodman has joined the firm as a Senior Attorney in its Community Association practice based in New Jersey. Becker’s New Jersey Office Managing […]

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“Should Extra Ballots be Counted?” – Naples Daily News

Q: My condominium association recently held its annual meeting and the election was quite close.  Only one vote separated the candidates for the last open director position.  The candidate that lost the election by one vote requested to review all the election materials, including the ballots.  He determined that three election ballots, all with votes […]

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“Can a Recalled Director Run Again?” – Naples Daily News

Q: I am an owner, living in a community with a homeowners’ association. I would like to know if a member of the board of directors who has been “recalled” (removed by a member vote) can run again for the board.  Our membership, following all the proper procedures outlined in Florida Statutes relating to the […]

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“How Much Can Be Charged in Transfer Fees?” – Naples Daily News

Q: How much can a condominium association charge to review and approve a lease application received from a proposed annual renter?  Can the same fee be charged for a seasonal renter? G.F. A: Section 718.112(2)(i) of the Condominium Act states that no transfer fee shall be made by an association or its agent (e.g. management company) in connection […]

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Is It Time to Amend Your Documents?

As the saying goes, change is the only constant in life. This fact applies equally to boards of directors of community associations who are tasked with operating their communities consistently with existing governing documents, even if those documents no longer fit the needs of the community or no longer comply with existing laws. Interestingly, we […]

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What’s Up with All This Traffic? The Impact of Neighboring Development on Community Association Roads

Whether you know it or not, the roads traveling through your subdivision are likely easements created for the purpose of providing ingress/egress access to public streets. And whether you know it or not, those easements may also benefit neighboring pro…

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“Can Both Spouses Continue to Serve on the Board?” – Naples Daily News

Q: My condominium association’s board is comprised of 8 board members, with directors serving 2-year terms.  At the 2018 Annual Meeting there were four persons who submitted their notice of intent to run for the board, including a husband and wife who jointly own one unit.  Since there was no election these four persons became […]

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Directors Voting – Dispelling Myths

Every director who sits on the board of a homeowners association gets a voice in the operations of the association.  The questions I receive are more about how that voice is exercised through a vote.  For instance, some directors travel quite a bit, whether for work or play is irrelevant.  The directors however are entitled […]

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PSA: Condominiums and Websites

I have previously written a few articles for our Community Update about the website requirement for condominiums operating at least 150 units.  Just recently, I represented a condominium that was being investigated by the Division of Business and Professional Regulation (DBPR), for among other things, failing to have a website.

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“How to stop the erosion of civility in community associations” – Sun Sentinel

Raised voices, reddened faces and angry gestures. You might think you are watching a Congressional hearing on C-SPAN, but you are at your community’s board meeting. The erosion of civility in our society has begun to manifest itself in private residential communities. This comes in many forms, from rudeness and disruptive behavior at meetings, to […]

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“Welcome to the Board…Now What?” – Florida Community Association Journal

If you are new to your community’s board of directors, thank you for agreeing to serve in this capacity. You will learn that the “job” can be both thankless and fulfilling at different times and for different reasons. The first thing you will need to do is to ensure that you have submitted your director […]

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“What’s in a Name?” – Florida Community Association Journal

When Shakespeare coined the phrase “the slings and arrows of outrageous fortune” in Hamlet, he probably wasn’t envisioning that sentiment could apply centuries later to volunteer board members. However, the Bard was opining that bad things can happen to a person, and in the present-day context, if you are serving on a community association board […]

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“A Look Back at Online Voting’s First Year in Florida” – Florida Community Association Journal

“How much longer do you think it will be?” an owner hissed in my ear as she tapped on her oversized watch to indicate her growing impatience as we reached the three-hour mark in a 400+ unit condominium election. I told her it shouldn’t be much longer while secretly hoping my optimism was accurate. The […]

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