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Overview

Becker grew out of its pioneering role creating the law pertaining to the operation of common ownership housing. Many of the leading cases in the field bear the firm’s name. Our attorneys are recognized as individual leaders in the field through published works, public service, legislative activities, and industry group leadership positions. Several attorneys are members of the prestigious College of Community Association Lawyers (CCAL). In Florida, Becker has the largest, dedicated team of Board Certified attorneys in Condominium and Planned Development Law among any firm in the state.

The attorneys in the Condo, Co-Op & HOA practice group cover the entire spectrum of legal counseling of condominiums, condo associations, cooperative, time shares, and homeowners’ associations. In addition, the practice group provides counseling to country clubs, master associations and owners’ ad hoc committees. Each attorney plays an integral part in their client’s professional team – assisting the Board and management prepare for and conduct meetings, answering questions about documents and the pertinent law, enforcing the covenants and restrictions, and drafting and negotiating contracts for the provision of services.

Each client is assigned a community association attorney who is primarily responsible for providing legal counsel to the officers and directors, as well as the manager, on the operation of the association. The association’s attorney also serves as a liaison between the client and other attorneys in the firm to ensure that all the association’s legal needs are being met by attorneys who practice exclusively in those specialized areas.

Among the types of services routinely provided to community association clients are the following:

  • Legal counsel in the application of state and local law and court rulings and administrative decisions impacting the operation of Community Associations.
  • Compliance with applicable Federal laws, such as the Telecommunications Act of 1996, the Fair Housing laws, and the Employment Discrimination laws, as well as similar state and local statutes and ordinances.
  • Interpretation, amendment, and enforcement of the governing documents — Declaration of Condominium, Declaration of Covenants, Conditions and Restrictions, the Articles of Incorporation, the Bylaws of the Association and the rules and regulations.
  • Answering day-to-day questions regarding operational, technical, regulatory, and practical issues.
  • Advising on hurricane preparation, protection and counsel on recovery and rebuilding efforts.
  • Assisting the Board of Directors on fiscal matters such as budgeting, levying special assessments, and establishing reserves.
  • Addressing maintenance and repair issues and distinguishing between those projects which require Board approval and those which require unit owner approval.
  • Drafting and reviewing contracts for the management, maintenance, repair and operation of the community.
  • Assisting in planning and developing contracts for construction projects and complying with construction lien laws.
  • The collection of delinquent assessments.
  • Counseling owners’ ad-hoc committees in the pre-transition phase of the Community’s evolution.
  • Providing legal counsel for post-transition, unit owner-controlled associations on developer issues, including the resolution of warranty, accounting and representation claims, and the establishment of on-going operational controls.
  • Reviewing loan documents and structuring commercial lines of credit and/or arranging sources of financing for recreation lease purchases, capital improvements, etc.

Collections & Foreclosure

Becker’s community association attorneys have specialized experience crafting comprehensive collections strategies for associations, including collection and foreclosure actions, representation in mortgage foreclosure actions, surplus funds recovery and receiverships. Our attorneys are experienced with FDCPA compliance, lien foreclosures, deeds in lieu of foreclosure and judgment recovery. We also advise community association clients regarding the legal issues implicated in Chapter 7 and Chapter 13 bankruptcy matters. Learn More.

Community Association Leadership Lobby (CALL)

Becker’s Community Association Leadership Lobby is the leading organization working to enhance the quality of life and protect property values for Florida’s community association residents. CALL advocates on behalf of more than 4,000 member communities, including condominiums, homeowners’ associations, mobile home communities and cooperatives throughout the state. Learn More.

Community Association Litigation & Covenant Enforcement

Becker’s Community Association Litigation Practice is dedicated to providing strategic, innovative, and aggressive representation for our clients in all litigation matters. Becker’s reputation as a pioneer and leader in Community Association law is well-known throughout the legal community. Judges, arbitrators, and other attorneys are aware that Becker clients not only have the benefit of decades of experience but also, the largest team of dedicated community association lawyers to represent clients. With over 4,000 Community Association clients, there is almost no issue Becker’s attorneys have not dealt with before. Learn More.

Condominium Terminations

Condominium associations and unit owners once viewed termination as an unanticipated and unfortunate consequence of condominium ownership. Recently, termination has taken on new and different applications. Today, condominium associations and unit owners are considering whether termination is an economic positive or the best alternative to negative economic reality. Termination is a vital discussion when considering alternatives so that unit owners understand their options. Becker attorneys are uniquely positioned to guide clients through condominium terminations, offering the legal insight, regulatory knowledge, and practical experience needed to manage each step of this complex process. Learn More.

Construction Defects

Becker is proudly recognized as the leader in the representation of community associations throughout Florida. Becker has more board-certified community association attorneys and construction attorneys than any other firm in the state of Florida. Working together, our Community Association and Construction attorneys can help our clients prevent or mitigate any potential defect disputes from arising, and if they do arise, the firm’s lawyers have the expertise and experience in resolving high-stakes controversies through litigation, mediation, and arbitration, as well as securing insurance coverage for many of these claims. Learn More.

Corporate Representation

Becker is most well-known for its reputation in the area of community association law, representing condominiums, cooperatives and homeowners associations. The firm has been a pioneer and industry leader in this field since 1973. The attorneys in this practice group cover the entire spectrum of legal counseling of community associations. Each attorney plays an integral part of their association’s professional team, assisting the Board and management prepare for and conduct meetings; answering questions about the governing documents and the pertinent law; enforcing and drafting amendment to the governing documents and; drafting and negotiating contracts for provision of services. Learn More.

Disaster Recovery

Becker’s Disaster Recovery Practice Group assists clients with all aspects of catastrophic incidents that may befall a condominium association or any shared ownership community, including hurricanes, windstorms, tornadoes, fires, floods, lightning strikes, mold, pipe breaks, major leaks, sinkholes, etc.. Becker attorneys have handled thousands of claims issues, including dozens of hurricanes in Florida, New York, and New Jersey. Our team approach provides a comprehensive set of services for all pre- and post-disaster needs in conjunction with our firm’s esteemed Community Association Practice Group and Construction Law & Litigation Practice Group, which includes board certified construction law experts, specific structural engineering experts, electrical/corrosion engineering experts, general contractor experts, estimators, adjusters, plumbing and other specific experts that know how to find damage and process claims. Becker attorneys are experts in what they do and our substantial experience tells us that to maximize recovery, you are best served by using a team that brings a wealth of experts to your rescue. Learn More.

Local Government

Community associations often have issues with local and state government agencies; for example, changes to ingress/egress at the community, local zoning changes to accommodate businesses in the area that adversely impact the association, or a sound or traffic nuisance created by new road, new development or changing traffic pattern. Becker’s local government team of lawyers and lobbyists represents associations before the governmental entity to ensure the community’s rights are protected and the property value preserved. Learn More.

Premises Liability

Becker’s attorneys have extensive experience handling various types of liability matters from pre-suit investigation and negotiations through trial. Becker aggressively represents our community association clients with liability or casualty claims. Learn More.

Pre-Suit Mediation Practice

As of July 2021, a change in Florida law allows condominium and cooperative associations to avoid the mandatory non-binding arbitration requirement for addressing disputes between unit owners and the association by opting for pre-suit mediation. Becker’s Pre-Suit Mediation team can help community associations take advantage of this more expedient and less costly option to arbitration and formal litigation. Mediation is a confidential process, in which a member of our team will function as an independent and neutral third-party. The mediator does not give legal advice and does not make any decisions regarding the dispute but rather facilitates a constructive discussion in an effort to place the parties in the best position to reach an amicable resolution of their dispute. Drawing on Becker’s decades of experience in counseling community associations, our mediation team can help parties find common ground, often implementing remedies that would not be available in court. Mediators can also help the parties recognize potential weaknesses in their case, help resolve personality conflicts, and remind the parties of the financial reality of litigation if the dispute is not resolved. Learn More.

Property Insurance Claims

After your property is damaged by a hurricane or other disaster, you naturally expect your insurance company to quickly investigate your claim and fairly pay your loss. Unfortunately, many policy holders have learned that insurance companies often undervalue, delay, or deny payment. We have represented policy holders in a wide range of insurance disputes including coverage disputes and bad faith claims. Becker attorneys have significant experience assisting Florida property owners in their fight with their insurance carrier and have successfully resolved hundreds of claims totaling millions of dollars. Learn More.

Technology & Telecommunications

Becker’s technology attorneys work closely with communities to negotiate the terms and conditions of bulk cable, internet and video communications contracts, as well as cell tower and roof tower leases, and the restructuring of cell tower agreements. As technology changes, Becker attorneys also assist communities with upgrades including contractions for the wiring of “smart buildings”, security systems, and fiber optic and satellite. Learn More.

Trademarking & Logo Creation

Having your community’s name associated with a certain quality of lifestyle goes a long way towards promoting your real property values and keeping you competitive in the real estate marketplace. Trademarking your community’s name (and logo) can also serve two important functions: (a) you can prevent bad actors from using your community’s name and/or logo to create confusion or mischief online and in print and (b) you can license your community’s trademark to valued local businesses and entities as a means to supplement your association’s revenues. If your community association has taken the time to thoughtfully create a memorable brand, it only makes sense to protect that investment. If you’ve never thought about the need to brand and protect your community’s name, perhaps now is the time to consider doing so. Becker will guide you through the process of registering your association’s name and logo and can also design a logo for you in the event your association doesn’t already have one. Learn More.

South Florida Community Association Legal Advisors

South Florida’s community associations face an increasingly complex legal landscape, from rising insurance costs and evolving compliance regulations to structural integrity mandates and legislative changes. Becker’s South Florida Community Association Legal Advisors (SF-CALA) team provides dedicated legal guidance and educational resources tailored to the unique challenges of associations in Miami, Fort Lauderdale, and West Palm Beach.

Comprised of seasoned professionals, including board-certified experts in community association law, construction law and litigation, real estate, land use and zoning, and government law and lobbying, SF-CALA delivers strategic, actionable solutions to help associations navigate governance, compliance, and dispute resolution.

Backed by Becker’s five decades of experience in the industry, SF-CALA is committed to empowering association boards, property managers, and community leaders with the legal tools and strategies necessary to foster stability, resilience, and growth. Whether you need legal representation, compliance support, or proactive planning, our team is here to help.

Resources

Did you know that Becker provides over 200 educational classes per year on a variety of topics ranging from board member certification to compliance, and everything in between? Our most popular classes are now available online! 

Commitment to Communication

The firm publishes a newsletter, Community Update, containing articles on developments in Community Association law, notes on significant case decisions, helpful tips on the business aspect of Association operations, and details on changes in legislation and administrative decisions.

Legal Insights

The Florida Condo & HOA Law Blog provides readers with up-to-date analysis of issues affecting associations in Florida. With many years of cumulative experience, our blog authors are community association attorneys who help to keep you apprised of important issues affecting your community. Want to receive updates? You can subscribe here!

Community Association Podcast

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To the Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

Legislative Updates

The Community Association Leadership Lobby (“CALL”) is a statewide advocacy group which represents the interests of our over 4,000 community association clients. CALL provides information, education and other tools through the CALL website and email alerts to keep its members up to date on issues and legislation that impact them and their communities. Through the Legislator Connect tool on the website, a CALL member can contact all 160 members of the Florida Legislature to convey his or her opinion on a particular bill with just the click of a button. CALL has established a strong reputation with legislators and public opinion leaders as a credible voice for the ever increasing number of Floridians living in common ownership housing. The website is accessible by each community association by using its assigned firm matter number as the password to log on to the site.

Association Adjusting

Every community association will experience a significant property damage claim at some point during its lifespan. In addition to windstorms, fires and floods there are the everyday water leaks with which volunteer boards and managers must contend. While it is reasonable to believe that after years of dutifully paying your insurance premiums your damage claims will be paid quickly and in full, the reality is often quite different.

Time-strapped volunteer board members and managers are at a significant disadvantage while trying to shepherd an insurance claim on their own. And the insurance company’s adjuster is not there to help you maximize your claim-in fact, it is the opposite. The insurance company’s adjuster is there to minimize or even deny your claim if possible. Our team intimately knows your business and will fight hard to maximize your insurance payout.

Association Adjusting is a licensed and insured Public Adjusting Firm led by Joseph “Joe” Connelly (#E157037), an advocate for insurance consumers for more than a decade. Mr. Connelly has served as Executive Board Officer for the Florida Association of Public Insurance Adjusters (FAPIA).

Recognized as an authority in the community association industry, Association Adjusting has the expertise and experience to help you achieve the most favorable outcome possible.

Related Statutes and Administrative Codes

Important Links

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