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Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement

03.30.2022
Joseph Arena

Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents. Where the terms of a covenant are unambiguous, courts will enforce such restrictions. However, it is not uncommon for an owner who has violated the covenants to scramble for defenses to try […]

Areas of Focus: Condo, Co-Op & HOA, Community Association Litigation & Covenant Enforcement

Community Association Due Process Rights with Respect to Neighboring Developments

03.30.2022
Kathleen “Katie” O. Berkey, AICP

If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and residents procedural due process, which includes fair notice of the […]

Areas of Focus: Community Association Litigation & Covenant Enforcement, Land Use & Zoning

2022 Legislative Session in Florida Wrap Up with Yeline Goin, Becker & Poliakoff

03.30.2022
Donna DiMaggio BergerYeline Goin

For more episodes of Take It To The Board, click here! Many task forces were convened in the aftermath of the Surfside tragedy, including one by the Florida Bar. All of those task forces urged the passage of new laws pertaining to reserve funding and engineering. However, the 2022 Legislative […]

Areas of Focus: Condo, Co-Op & HOA, Community Association Litigation & Covenant Enforcement

Becker’s Washington Weekly: Week of March 28, 2022

03.29.2022
Perry S. AdairAnthony BedellChris BerardiniOmar FrancoBert GómezClarence WilliamsAmanda L. Wood

The Administration President Biden released his Fiscal Year 2023 budget request today. The request calls for a $1 trillion reduction in deficit spending over the next decade and flexible social spending legislation. The President’s budget request also includes a plan to levy a 20% minimum tax on U.S. households worth […]

Areas of Focus: Government Law & Lobbying, Federal Lobbying