Q: I have a question on people moving into a “55 Plus Park” at age 55 or older. Can I later give the home to a younger relative with children? (G.A., via e-mail) A: The federal Fair Housing Amendments Act of 1988, which became effective in 1989, prohibits discrimination in the terms and conditions of housing based […]
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Donna DiMaggio Berger Explores Florida’s Condo Market Challenges in Sun Sentinel Op-Ed
Donna DiMaggio Berger, shareholder and Vice Chair of Becker’s Community Association Practice Group, authored an op-ed for the Sun Sentinel analyzing the transformative challenges and opportunities reshaping Florida’s condominium market. Berger examines the impact of recent legislative changes, including engineering and reserve funding mandates, highlighting the delicate balance between enhancing safety standards for multifamily housing […]
Read MoreThe Impact of Rentals on Community Associations with David Muller, Vice Chair of Becker’s Community Association Practice
For more episodes of Take It To The Board, click here! This week’s episode of Take It To The Board explores a topic that resonates deeply with many community association boards: the impact rentals have on a community and how to balance an owner’s desire to lease out his or her unit with the association’s […]
Read More“‘Single Family’ Use Restriction Questioned” – News-Press
Q: Our board is seeking clarification on the “single family” use restriction stated in our declaration of condominium. The term is not clearly defined in our documents, and we would like guidance on how to interpret this clause when evaluating our potential sales. (J.D., via e-mail) A: “Single family” use restrictions are common in the […]
Read MoreDonna DiMaggio Berger named 2024 Florida Trend Legal Elite, Notable Women Leaders in Law Honoree
Becker proudly announces that Donna DiMaggio Berger, Shareholder, and Vice-Chair of the Firm’s Community Association Practice, has been recognized as a 2024 Florida Trend Legal Elite Notable Women Leaders in Law honoree. Florida Trend notes, “The list of Legal Elite Notable Women Leaders in Law is becoming even more distinctive and difficult for inclusion… recognizing women in the […]
Read MoreDonna DiMaggio Berger Discusses Looming Condo Deadline in CBS12 News Interview
Periodic engineering inspections and mandatory reserve funding deadlines set forth by the Florida Legislature are quickly approaching for some high-rise condos. Donna DiMaggio Berger, a Shareholder and Vice-Chair of Becker’s Community Association Practice, sat down with the CBS12 News Investigative Team to discuss how the looming December 31 deadline, coupled with new laws that give […]
Read MoreFlorida’s Condo Deadline: Allison Hertz Discusses Compliance in CBS12 News Interview
By December 31, 2024, Florida condo boards must complete structural integrity inspections and financial reserve studies as required by new safety laws following the Surfside tragedy. Allison L. Hertz, a shareholder in Becker’s Community Association Practice, spoke with the CBS12 News Investigative Team to discuss the final stretch to the deadline. She estimates at least 80-90% […]
Read More“Fining Notice Procedures Questioned” – News-Press
Q: I recently read your article about the recent amendments to the statute on fining in homeowners’ associations and have a question. Does the 14-day notice need to be sent by certified mail? (A.G., via e-mail) A: Section 720.305(2)(b) of the Florida Homeowners’ Association Act does not specifically mandate that the 14-day hearing notice be […]
Read MoreCommunity Update – November 2024
It’s time to start getting ready for the holidays and other year-end celebrations! This issue of CUP explores some common issues that associations are facing and discusses best practices to start the new year off right. Whether you’re struggling with Florida’s condo crisis, need help understanding the Corporate Transparency Act, or dealing with random meeting musings, we’ve got […]
Read MoreTransforming Your Corporate Culture with Motivational Speaker & Author Chris Dyer
For more episodes of Take It To The Board, click here! Join host Donna DiMaggio Berger on this week’s Take It To The Board podcast as she welcomes Chris Dyer, a motivational speaker, author, and former CEO who’s led teams of thousands. Ranked as the #1 leadership speaker on culture by Inc. Magazine, Chris is known for his best-selling books, The […]
Read MoreThe Three Key Elements of Properly Noticing a Special Assessment Meeting
Special assessments are becoming more and more common in community associations. As the frequency of special assessments increases, so does the possibility of delinquencies in payment of the special assessments. A crucial element of collection of a delinquent special assessment is proving that the special assessment was properly adopted at a properly noticed board meeting. […]
Read MoreBank Commitment Letter Pitfalls for Condominiums
When a condominium association is seeking to obtain a loan, too often the board is signing the Bank’s commitment letter before having that document reviewed by legal counsel. While some banks will permit the association to amend the commitment letter after the fact, through revisions to the loan documents, others will not permit that to […]
Read MoreThe Owner’s Account Is Already in Collections – Why Do I Have to Send a New Notice of Late Assessment for a New Special Assessment?
Community associations have become very familiar with the statutory requirement that a 30 day Notice of Late Assessment must be sent to an owner prior to turning the account over to an attorney for collections. However, confusion over the need to send a Notice of Late Assessment often arises when an association adopts a new […]
Read More“Random Meeting Musings” – FCAP Managers Report
As budget season is in full swing, and annual meetings / elections are just around the corner, I thought it a good time to review some basic meeting information that is very frequently not done properly. Let’s start with budget meetings. As you should be aware by now, there have been some significant changes to […]
Read More“Corporate Transparency Act Explained” – News-Press
Q: We recently received an e-mail from our management company regarding the filing requirements of the Corporate Transparency Act. This is the first I’ve ever heard of it. Can you explain what this is? (M.M., via e-mail) A: On January 1, 2021, Congress passed the Corporate Transparency Act (“CTA”). The CTA is intended to deter […]
Read More“State Regulation of HOA’s Limited” – News-Press
Q: What is the “DBPR” and does it have authority over homeowners’ associations? (C.S., via e-mail) A: The Florida Department of Business and Professional Regulation is an executive branch state agency in Florida. Its secretary is appointed by the Governor. The DBPR is responsible for licensing and regulating various businesses and professionals, through its various […]
Read MoreAddressing Florida’s Condo Crisis and How to Fix It
For more episodes of Take It To The Board, click here! The aftermath of the Champlain Towers tragedy has led to a flurry of legislative responses, but are they hitting the mark? Was the Florida Legislature’s response to the Champlain Towers tragedy misguided in terms of overlooking some key factors that led to that deadly […]
Read More“Remote Meeting Procedures Questioned” – News-Press
Q: Am I entitled to ask questions or speak at association meetings if I am attending remotely via an online platform? The application used by my condominium association does not provide a way to ask questions, and I am worried this might be against Florida Statutes. (J.D., via e-mail) A: It depends. Section 718.112(2)(c) of […]
Read More“Board Vacancy Raises Questions” – News-Press
Q: A member of our condominium association board recently resigned, unexpectedly, part way through the first year of their two-year term. According to our bylaws, a board member appointed to fill a vacancy serves until the next scheduled election. Does the temporary replacement serve only until the next annual meeting, or can they fill out […]
Read MoreCommunity Update – October 2024
This issue of CUP highlights a range of timely topics for board members and managers. Whether you’re preparing for budget season, considering amending election terms, or navigating disaster recovery and insurance claims, we’ve got something for you. Don’t miss our recent webinar explaining the Corporate Transparency Act and the mandatory reporting requirements for all community associations! Also featured this month […]
Read MoreFire Sprinkler and ELSS Deadlines Extended by Florida Fire Prevention Code
For those of you who own a condominium unit in a high-rise building, you are keenly aware of the many changes through the years to the fire safety requirements for high-rise buildings. The Condominium Act, in Section 718.112(2)(n), Florida Statutes, currently states that all high-rise buildings had to retrofit with either a fire sprinkler system […]
Read MoreCondominium Officers, Directors and Managers Who Solicit, Offer to Accept, or Accept “Kickbacks” Now Commit a Felony of the Third Degree
Florida lawmakers revised Chapter 718, Florida’s Condominium Act, once again following the 2024 Legislative Session through House Bill 1021, which was signed by Governor DeSantis and became effective July 1, 2024. One of the most surprising revisions to some, was the addition of criminal penalties for certain conduct in violation of Chapter 718.
Read MoreWhat Is the Difference Between Mediation and Arbitration?
Whether you are a member of a condominium association or homeowners’ association, the respective statutes require the owners and the association to engage in alternative dispute resolution for certain disputes before a complaint is filed in court. The two types of alternative dispute resolution recognized by the Condominium Act and the Homeowners’ Association Act are […]
Read More“Abandoned Properties Regulated By Statute” – News-Press
Q: What rights does a condominium association have when dealing with an abandoned unit, and under what circumstances can it go into the unit? (K.Y., via e-mail) A: Section 718.111(5)(b) of the Florida Condominium Act provides that even if the declaration of condominium or other recorded condominium documents do not explicitly provide such authority, the […]
Read MoreBecker Announces Strategic Leadership Roles for Continued Growth
October 25, 2024 — Ft. Lauderdale, FL — Becker, a multi-practice commercial law firm with attorneys, lobbyists, and other professionals throughout the U.S., is proud to announce key additions to its leadership team as part of its continued commitment to strengthen practice areas and position the firm for future growth. As part of this strategic […]
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