Becker & Poliakoff


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“Tax Deed Can Extinguish Assessments” – News-Press

Q: I am on the board of directors of a condominium association, and one of the units in our association has both unpaid assessments and taxes. We recently received a notice that the county will sell the unit to satisfy the unpaid taxes. We have questioned how this will affect the condominium documents and the […]

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55+ Communities – Do I still need a survey every 2 years?

Effective July 1, 2020, the Florida legislature eliminated the requirement for 55+ communities to register with the Florida Commission on Human Relations (“FCHR”), and eliminated the need to submit a letter to the FCHR every two years stating that the association complies with the requirements to be considered housing for older persons under state and […]

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Show Me the Money: Investment Strategies with Michael Coady and Kenny Polcari of Slatestone Wealth

For more episodes of Take It To The Board, click here! Financially strapped community associations are always looking for new revenue sources but is a sound investment strategy a possible path to avoiding large budget increases or special assessments? In this episode, host Donna DiMaggio Berger, along with investment gurus Michael Coady, Chief Strategy and Growth Officer for […]

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“Comingling of Funds Questioned” – News-Press

Q: Can a condominium association’s operating funds be combined with the reserve money? My association has not moved money into the reserve account and out of the operating account in the last year. The money is there, it is just not in the right account. Is it permissible to keep the reserve and operating funds […]

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Saving Lives in Your Community Association: Defibrillators (AEDs), Bleeding Control Kits (BCKs), and CERTs with Dr. Jason Mansour

For more episodes of Take It To The Board, click here! Does your community association have an Automated External Defibrillator (AED) or a Bleeding Control Kit (BCK) on hand in the worst-case scenario and do you have trained people on hand to use these devices? Do you have a gym, pickleball/tennis courts, and other recreational […]

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“Use of Assessment Money Regulated by Statute” – News-Press

Q: My condominium association board recently adopted and collected a special assessment to fund a construction project at the building. However, due to a change in circumstances, the board of directors has now decided to not proceed with the project. A question has come up as to what the association should do with the money […]

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Webinar: Fixing Florida’s Property Insurance Crisis

 An unprecedented number of property owners in the Sunshine State are being abruptly dropped by their long-time carriers. Others are seeing premium rates increase by as much as 200% (or more!) while having to replace their roofs or pay for other expensive upgrades just to stay insurable. What can be done to fix this […]

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Community Update – October 2023

Special Notice TEN-HUT BOARD MEMBERS AND MANAGERS! The Buzz is in the air… Becker’s Board Member Boot Camp is RIGHT AROUND THE CORNER! Join us on Tuesday, November 14, from 9:30AM – 3PM EST, at the Signature Grand, in Davie, Florida. Come prepared to be put through your paces by veteran community association attorneys, Donna […]

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“HOA and Condo Proxy Procedures Differ” – News-Press

Q: A question has come up in my homeowners’ association as to whether owners are permitted to vote by proxy at owner meetings. If so, where is this right found? (C.D., via e-mail) A: Section 720.306(8) of the Florida Homeowners’ Association Act states that members have the right to vote by proxy unless otherwise provided […]

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2022 Hurricane Nicole Permit Extension Opportunity Extended Further

Property owners, developers, construction industry professionals, and other permit- and authorization-holders may have even more opportunities for further extensions due to Hurricane Nicole in 2022. The following provides an overview of the permit extensions available under law, including what gives rise to the extensions, the types of permits and authorizations that are covered, and how […]

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Pesky Critters in Your Community? Top Tips From Wildlife Expert and Trapper Todd Hardwick

For more episodes of Take It To The Board, click here! As developers continue to build at a brisk pace, community association residents often find themselves sharing space with all types of wildlife including the good, the bad and the dangerous! What would you do if you spotted an alligator in your community pool?  How […]

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“‘Sunshine’ Rules Apply to Budget Workshops” – News-Press

Q: An issue has come up in my condominium association regarding the creation of the budget for the 2024 fiscal year. The board has discussed having a board workshop to develop the budget. However, it is not clear that the board intends to allow owners to attend the workshop. The board has stated this will […]

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“Director Removal Does Not Require Good Cause” – News-Press

Q: Until recently, I was the president of my condominium association. However, certain unit owners were unhappy with the decisions I had made and pushed through a recall. While I do not dispute that they obtained recall agreements signed by a majority of the unit owners, they did so under false pretenses where they made […]

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Boot Camp for Board Members: Army Vet, PCAM and Becker Shareholder, Howard Perl, Discusses the Benefits of Rigorous Board Member Education

For more episodes of Take It To The Board, click here! This week, our guest and Becker Shareholder, Howard Perl, sits down with host Donna DiMaggio Berger to share his experiences as both an army veteran as well as a successful PCAM before going to law school later in life. Howard recounts his unique journey from joining the […]

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“New HOA Fining Law Took Effect October 1” – News-Press

Q: You had previously written about some new changes that are coming up about how to handle fines in homeowners’ association. Can you give a brief summary of what we need to do? (M.J., via e-mail) A: Several new homeowners’ association laws became effective October 1, 2023. Included in the changes are new provisions in […]

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“New HOA Law Addresses Storage” – News-Press

Q: At a recent event I attended, someone mentioned a new rule that prohibits sheds on a single-family property in a HOA. I could not find any reference for that in your 2023 legislative reviews. It seems someone may have misunderstood or misinterpreted one of changes made. Can you please shed some light on this? […]

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Community Update – September 2023

Fall is officially here which means busy season is upon us. This month, we spotlight timely articles to help your board succeed in the coming months. Our featured articles explore various topics from board term limits and upgrading your documents to reserves and special assessments. Don’t miss our newest episode of Take It To The […]

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Are Those Under Age 18 a Protected Class?

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 various rules regulating or prohibiting use of the association’s facilities by persons under 18 […]

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Navigating the Complex World of HOA Architectural Control

What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? In the case, Young v. Tortoise Island Homeowners Association, Inc., the court reasoned that, in the absence of an existing pattern or scheme of architecture which puts purchasers on notice that only […]

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Checking In On Background Checks: What’s In, What’s Out and What’s Questionable? with Robert E. Sanchez of Sarma

For more episodes of Take It To The Board, click here! Does your community perform background checks on potential purchasers and potential renters? Do your community residents expect their neighbors to be screened for safety and financial capacity purposes?  Join Donna DiMaggio Berger and guest Robert Sanchez, a seasoned professional from SARMA, as they unravel the complex world […]

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Webinar: Out with the Old and In with the New: Upgrading Your Community Association Documents

 Operating a community association with outdated governing documents is risky business. Your documents should be updated to stay current with the law and the operation as it has evolved under unit owner control, not under developer control. Also, there is a benefit to clarity in the documents, particularly as regards the allocation of maintenance […]

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Backyard Storage Woes: Does the New Backyard Storage Statute Apply to Your Homeowners Association?

While there has been a lot of buzz about changes made in the 2023 Florida Legislative Session to laws affecting our Association clients, one potentially important change has been largely overlooked. The seemingly innocuous flag bill – House Bill (HB) 437 — creates the new Florida Statute 720.3045 prohibiting homeowners’ associations from regulating certain backyard storage.

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“Voting Requirements After Merger Questioned” – News-Press

Q: In your previous column from 2022, it clearly addresses which documents control in the example of when a sub-association’s documents are stricter than the master. Which documents prevail in the following situation? My community had a master association and also four smaller sub-association. The sub association declarations have a 75 percent approval requirement by […]

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Lessons in Leadership – A Discussion with Becker’s Managing Partner, Gary Rosen

For more episodes of Take It To The Board, click here! Get set for an insightful exchange as host Donna DiMaggio Berger dives into the world of effective leadership with guest, Gary C. Rosen, Managing Shareholder and the commanding force behind Becker & Poliakoff. Donna and Gary discuss what leadership truly means, and the qualities one must possess to […]

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“Emergency Voting by E-mail Questioned” – News-Press

Q: I am on the board of my condominium association, and we are in the process of repairing our building following damage from Hurricane Ian last year. The board of directors must make numerous decisions regarding the reconstruction process. To facilitate the reconstruction, the board has been using an online system where each board member […]

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