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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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“Can a Married Couple Both Serve on the Board?” – Naples Daily News

Q: Can a husband and wife both serve on the same condominium board of directors? T.H. A: Maybe. If the husband and wife are both co-owners of a unit (i.e., both names listed on the deed), a provision from the Florida Condominium Act addresses the issue raised in your question. This provision states that, in […]

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“Summary of New Law Addressing Building Safety” – Naples Daily News

Q:  I’ve heard about a brand-new law which addresses building safety for certain types of condominiums.  What does the new law say and what impacts will it have? B.Z. A: During the Florida Legislature’s Regular Session, held earlier this year, there were several bills filed which were intended to address the Surfside tragedy.  None of […]

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“Must Owners Approve New Flooring in Clubhouse?” – Naples Daily News

Q: The new board at my condominium removed the carpet in the clubhouse and had luxury vinyl flooring installed in its place. Weren’t they required to get owner approval before making this type of change? D.M. A: Maybe. Replacing carpet with vinyl flooring in the clubhouse will be considered a material alteration. The Florida Condominium Act […]

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“Will Mistake Require A New Election?” – Naples Daily News

Q:  I recently lost the election at my condominium by a few votes.  Although my name was on the ballot, my resume was not included with the ballot mailout.  Doesn’t this require the association to have another election? T.V. A:      If you timely submitted your candidate information sheet, and you can provide that you did, […]

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New Office Managing Shareholders Appointed for Becker’s Ft. Myers and Naples Offices

March 8, 2022, Ft. Lauderdale, FL – Becker, a multi-practice commercial law firm with attorneys, lobbyists, and other professionals throughout the US, announced today that Sanjay Kurian has assumed the role of Office Managing Shareholder of Becker’s Fort Myers office and David Muller is the new Office Managing Shareholder of Becker’s Naples office. They both […]

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“Are Fines for Speeding Legal?” – Naples Daily News

Q: My community has set up various speed monitoring devices along the most travelled road. The board is now fining residents for speeding violations. Is this legal? What is the process for imposing a fine and can these fines result in a lien? D.V. A: Fines can be levied for violations of the governing documents, […]

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Community Update – December 2021

Before heading into the New Year, we look back at the year’s most popular reads. This month’s featured articles highlight the topics you found most interesting in 2021 – from fining committees to questions about remote meetings. From all of us at Becker, we wish you a happy holiday and a joyous, healthy, and prosperous […]

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“Changing Tile a Material Alteration?” – Naples Daily News

Q: My condominium is thinking about changing the floors in the entrance area and lobbies from ceramic tile to granite tile. Would changing the flooring tiles be considered a material alteration requiring approval of the members? W.D. A: Under Florida law, a change to the common elements is considered a material alteration or addition, if […]

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“Rising Sea Levels Bring a Wave of Risk — Even in Unexpected Locales,” Community Association Management Insider

For some time now, many community association managers realized that rising sea levels can put their clients at risk. Sea walls are no panacea. “When Hurricane Irma hit Marco Island,” says David Muller, a shareholder and board-certified specialist in condominium and planned development law with the Naples, Fla., office of Becker & Poliakoff, “there were […]

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“Avoid the Potential Pitfalls of Sharing Common Areas Among Communities,” Community Association Management Insider

Conflicts can arise when numerous associations share amenities and/or common areas through a master association. David Muller offers his ideas on effective negotiation to prevent this from happening. “When a developer develops a property,” says David Muller, a shareholder and board-certified specialist in condominium and planned development law with the Naples, Fla., office of Becker […]

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Community Update – October 2021

In addition to this month’s featured articles, don’t miss all new episodes of our podcast, “Take it to the Board.” In the most recent episode, host Donna DiMaggio Berger is joined by Becker Employment Law Shareholder Jamie Dokovna for an informative discussion on best practices to create and protect a safe work environment. Learn what Jamie thinks […]

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“Do Owner Petitions Require the Board to Act?” – Naples Daily News

Q: My condominium is being overrun by commercial vehicles. I am trying to convince my board and fellow owners to change the documents to outlaw them. I got 15 percent of the owners to sign a petition to ban commercial vehicles. I gave the petition to the board but they won’t do anything. Aren’t they […]

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“Transfer Fee Increase?” – Naples Daily News

Q: You previously addressed the $100 cap on the fees associations can charge when a property is sold. I heard there was a change to this statute. Can you provide an update? J.B. A: My February 16, 2020 column addressed Section 718.112(2)(i) of the Florida Condominium Act which regulates transfer fees which a condominium association […]

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“Official Records Inspections by a Renter?” – Naples Daily News

Q: I manage a high-rise condominium. I recently received a request from a renter to inspect certain association’s official records, including all the condominium documents. Am I required to provide this renter with access to all the requested official records? J.H. A: The answer to your question changed recently due to the adoption of new […]

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“Director Term Limit Law Development” – Naples Daily News

Q:     Have there been any developments regarding the term limit law for condominium directors?  In prior columns you mentioned that there was some confusion as to when it will impact existing director terms. H.H. A:     Yes, there is a recent development regarding this issue.  Condominium association term limits were first added to the statutes […]

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Becker Signs The Diversity in Government Relations Coalition Industry Pledge

Becker is proud to announce that the firm has signed The Diversity in Government Relations Coalition Industry Pledge. The DGR Coalition aspires to foster and strengthen diversity, equity, and inclusion among entities that influence local, state, and federal policy through data collection, strategic communications, and stakeholder engagement. This pledge is part of its greater non-partisan […]

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“Owner’s Pot-Bellied Pig Leads To Unusual Discrimination Lawsuit,” Community Association Management Insider

An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly worded restrictions can backfire. A Pig in a Poke “I’ve seen disputes with atypical pets, […]

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“Community Association Q&A: Can An HOA Director Be Recalled?” – Naples Daily News

Q: One of the directors on the board at my homeowners’ association needs to be removed. He is very belligerent to his fellow directors and other owners. He also rarely attends meetings and never contributes. What needs to happen under Florida law to get him off the board? C.S. A: Section 720.303(10) of the Florida […]

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“Community Association Q&A: Can We Hold a Special Election?” – Naples Daily News

Q: A director on my condominium association board resigned. The remaining directors can’t agree on who should fill the vacancy. Can we hold a special election and let the owners decide? T.B. A: Yes. Most condominium documents allow the remaining directors to fill a vacancy on the board. Typically, the newly appointed director will serve […]

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“Community Association Q&A: Are Videos Official Records?” – Naples Daily News

Q: My condominium association has installed several security cameras in the common areas, including the pool area. There was an incident between myself and another owner last week at the pool and I requested a copy of the security camera video footage. I submitted my request to the manager in writing, but the manager has […]

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“Community Association Q&A: Improper Closed Board Meeting?” – Naples Daily News

Q: My entire condominium board met in a closed session to conduct an annual review for the employees. I requested the right to attend these reviews as I wanted to speak favorably on behalf of one of the employees. My request was denied. Did I have the legal right to attend? D.T. A: No. A […]

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“Community Association Q&A: Access to Minutes, Violation Letters?” – Naples Daily News

Q: There are numerous parking violations and pet violations occurring in my condominium community. I don’t believe the board and manager are taking proper enforcement actions. Are owners entitled to review board meeting minutes to see what, if anything, is being done to address these ongoing violations? Am I entitled to copies of any demand […]

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Community Update – February 2021

Spring is just around the corner and sprucing up is often top of mind. Whether that means improving yards, documents, or relationships, this edition of Becker’s Community Update offers practical guidance on how to move forward. Check out the hot topics below, and don’t forget to connect with us on Facebook to get real time updates on […]

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