Legislation

Words Matter: Is Your Board Precise with Its Terminology?

When you go to your doctor, it is helpful if you can accurately describe your symptoms so he or she can properly diagnose the problem. The same holds true when a volunteer board of directors meets with its legal counsel. Boards can inadvertently make a legal...

March 6, 2015

Donna DiMaggio Berger

Legislation

Should You Stay or Should You Go? Directors- Think Twice Before Tendering That Resignation!

How many times have you thought about resigning from your association's board of directors because you felt that your efforts and time were not appreciated at best and were resented at worst? I often tell my association clients that I understand how they feel because...

January 25, 2015

Donna DiMaggio Berger

Legislation

What Exactly Does Grandfathering Mean in Your Community?

In the community association setting, we often hear about certain things, people or practices being “grandfathered in” which basically means that new restrictions cannot apply in those instances. The term “grandfather clause” has an ignominious past; it arose as a constitutional device used by some Southern...

June 30, 2014

Donna DiMaggio Berger

Legislation

Could Your Condominium Be Voluntarily Terminated?

Do you live in an older condominium building in a prime location? Have you ever thought about terminating your condominium in order to sell your older building to a developer desirous of your location? Has the fact that your older building is going to require...

June 22, 2014

Donna DiMaggio Berger

Legislation

Does Your Community File the Proper Tax Return?

Last week I was fortunate to sit in on a continuing education class provided by Donna Seidenberg and Steven Price of the Fuoco Group (www.fuoco.com), certified accountants and business advisors. The class focused on the issues pertaining to association tax returns. Realistically-speaking, board members are not...

May 19, 2014

Donna DiMaggio Berger

Legislation

Directors Do Your Duty!

Recently, a blog reader wrote to tell me that three of the directors on his board refused to cast a vote to approve the association's budget. Apparently these directors did not agree with the increase in assessments created by the new operating budget and, as...

December 15, 2013

Donna DiMaggio Berger

Legislation

Court Rebukes Delinquent Landlord Who Attempts to Evict Tenants Paying Rent to Condominium Association

An Orlando case which was heard on July 24, 2013, will hopefully send a strong message to delinquent landlords in community associations who attempt to interfere with their tenants tendering rent to the association pursuant to Florida law. In the case of L AND V REALTY...

November 24, 2013

Donna DiMaggio Berger

Legislation

Condominium Association Could Pay Price for Failing to Comply with Division’s Discovery Demands

The Division of Florida Condominiums, Timeshares and Mobile Homes began investigating the Heritage Circle Condominium Association, Inc. as a result of the association's failure to prepare annual financial statements and its failure to fund reserves. Unfortunately, the association continually failed to produce all of the...

September 22, 2013

Donna DiMaggio Berger

Legislation

Hanging On: Directors Who Fail to Turn over Association Records and Property

We've all heard of folks hanging on to items after a personal relationship ends which can create resentment and a host of other troublesome issues. Now imagine what can ensue when an outgoing community association director refuses to turn over association records and property? Over the...

September 15, 2013

Donna DiMaggio Berger

Legislation

Bank Awarded Fees After Condominium Association Pushes Too Far!

On August 14, 2013, Florida's Third District Court of Appeal ruled that a bank which had taken title to two condominium units was entitled to its attorney's fees from a condominium association just as any other condominium owner would be pursuant to Section 718.303(1), F.S. The...

August 18, 2013

Donna DiMaggio Berger

Legislation

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Becker, with headquarters in Fort Lauderdale, FL., is a multi-practice commercial law firm with attorneys, lobbyists and other professionals at offices throughout the East Coast.

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