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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“Candidates May Vote For Themselves” – News-Press

Q: My condominium association has a five-member board of directors. At our upcoming annual meeting, there will not need to be an election as there are three open seats and three candidates. However, the question has arisen as to how to conduct the organizational meeting to be held following the annual meeting where the board […]

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“Owner Questions Board’s Contracting Authority” – News-Press

Q: Recently, my condominium association authorized a major construction project. The contract for the work is several million dollars in value. The board of directors voted to move forward with their preferred contractor and authorize the president to sign. Isn’t this the type of contract that must be voted on by the owners? (O.V., via […]

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Community Update – February 2024

This issue of CUP features a helpful guide for board members, information on new term limits, and tips to save money on your property taxes. Don’t miss our featured podcast episode, “Navigating Defamation Lawsuits and Non-Compete Clauses!” Employers are relying more and more on independent contractors instead of employees. While using independent contractors can have […]

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“Term Limit Law Still 2 Years Away” – News-Press

Q: My condominium association will be having its annual meeting soon, which will include an election for members to the board of directors. Some of our board members have served for numerous years, and I understood that there are now term limits on the number of years a board member could serve. What is the […]

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“Statute Of Limitations Apply to Associations” – News-Press

Q: My homeowners’ association recently sent me a notice stating that I had to remove a number of tree stumps in my back yard. The stumps are from trees that were removed following Hurricane Irma. Nothing has changed since those trees were cut down over five years ago. I don’t understand why my association is […]

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Community Update – January 2024

The 2024 Legislative Session promises to bring sweeping changes to community association operations throughout Florida. In this issue of CUP, we highlight which bills we are watching, the Corporate Transparency Act, and the possibility of self-insurance. Don’t miss our weekly online legislative briefing with Bryony Swift. Also featured this month is our popular podcast, Take […]

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“Remote Board Meetings Questioned” – News-Press

Q: Can the board of a homeowners’ association hold “Zoom only” meetings and not permit Owners to attend? (M.M., via e-mail) A: Subject to certain exceptions, I do not believe a board can circumvent the “sunshine laws” by using “remote only” meetings. There are exceptions in the law which permit board meetings to be closed. […]

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Community Update – December 2023

A new year means new goals! As we turn the corner into 2024, this issue of CUP spotlights helpful tips so your community association can start the year off right. This includes adoption of the annual budget, a review of new legislation, and the responsibilities of residents in communal situations. Don’t miss our featured podcast […]

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“Association Wants to Go ‘Paperless'” – News-Press

Q: Our condominium association wants to go “paperless” as much as possible for our meetings and move to “virtual” meetings both for convenience and cost savings. Do you have any guidelines on what this involves? (S.R., via e-mail) A: The relevant terms are often confused or used imprecisely. There are several distinct procedures that come […]

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“Required Notice for Budget Meetings in Homeowners’ Associations” – News-Press

Q: An issue has come up concerning my homeowners’ association board of directors and the adoption of our annual budget. Recently, the board noticed a board meeting for the adoption of the annual budget and only posted the notice as they do for normal board meetings. There was no mailing of information concerning the budget […]

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“Effective Date of New Reserve Law Questioned” – News-Press

Q: Our condominium association just held a vote to less than fully fund reserves for the 2024 budget. It passed by a majority of the quorum, but not a majority of the entire voting interests. There seems to be some question as to whether the recent statute change to “majority of the entire voting interests” […]

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2024 Edition of The Best Lawyers in America Recognizes 34 Becker Attorneys

The 2024 edition of The Best Lawyers in America®, one of the oldest and most revered peer review publications, recognizes 34 Becker attorneys across the Firm’s practices. Our own Steven B. Lesser, was also recognized as Lawyer of the Year, a distinction based on the highest overall peer feedback for their specialty and location. Lesser […]

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“Directors Usually Fill Board Vacancies ” – News-Press

Q: There was a recent vacancy on the board of directors for my condominium association due to a resignation. The board voted to appoint someone to fill the vacancy. However, a question was raised as to whether that person fills the vacancy for the remaining term of the resigning director, which runs until the annual […]

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Community Update – November 2023

As 2023 comes to an end, community associations are beginning to plan for the coming year. This issue of CUP provides helpful insight so your community can put its best foot forward. Whether you’re looking to combine operating funds with reserve money, struggling with the property insurance crisis, or need a new online voting platform, […]

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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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“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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“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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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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“‘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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