I would like to recognize the extraordinary life of an icon in the field of condominium and homeowners’ association law. I am deeply saddened to announce the untimely passing of my long-time partner, co-founder of the Becker & Poliakoff law firm, and friend, Gary A. Poliakoff. Gary passed away on August 8, 2014, at age… Continue Reading
Strangers living in your community concern you? Is this especially true when the unit owner hasn’t paid maintenance fees for years and the home is subject to a foreclosure lawsuit? Channel 9 in Orlando recently did a story about squatters taking up residence in a condominium community. The squatters are seemingly the cause of criminal… Continue Reading
The Board of Directors has the responsibility and authority to maintain the common elements of a condominium. On the other hand, Section 718.113(2)(a), Florida Statutes, requires 75% of the entire membership to approve a material alteration or substantial addition to the common elements, unless the declaration provides for an alternative approval method. The determination of… Continue Reading
Two recent cases decided by Florida’s Fourth District Court of Appeal impose conditions on access to individual units by condominium association boards. The statute provides the association with the irrevocable right of access. Section 718.111(5), Florida Statutes says: RIGHT OF ACCESS TO UNITS. The association has the irrevocable right of access to each unit… Continue Reading
The legislature is concerned about the quality of water delivered to end users in this state. While water rates have increased (in some cases significantly) over the past few years, apparently those increases do not translate to better water quality. The bill is designed to create additional water standards and allow customers to petition to… Continue Reading
On September 10, Broward County Commissioners adopted changes to the local Human Rights Ordinance after hearing testimony of community leaders largely united in opposition thereto. BrowardCounty’s Human Rights Ordinance already prohibited discrimination in housing and employment practices. It already included protections beyond the Florida Statutes and Federal Law. For example, the Ordinance prohibits… Continue Reading
A proposed change to the Broward County Human Rights ordinance impacts how your association will process applications for transfer (sale or lease) approval. Compliance with federal, state and local fair housing laws is mandatory and thus community leaders must become familiar with what the law prohibits. The Broward County Human Rights Ordinance prohibits discrimination in… Continue Reading
Gov. Rick Scott signed House Bill 87 on Friday. The new law takes effect immediately and is intended to speed up the foreclosure process. Yeline Goin’s take was published by the local newspaper in Tallahassee. Read the article by clicking below: Yeline Goin: Foreclosure bill offers benefits for associations.
Fair Housing accommodation cases receive a lot of press. It seems like there are more and more cases all the time, most of which are resolved at the investigative/agency level than actually filed in court or go to trial. HUD issued a memorandum reminding housing providers of their obligations pursuant to the federal laws with… Continue Reading
The Constitution of the State of Florida gives the Supreme Court of Florida the power to regulate attorney conduct. The Supreme Court of Florida also has power to prevent actions by individuals who are not licensed to practice law in Florida. UPL, or the unlicensed practice of law, is a crime in Florida. Defining what constitutes… Continue Reading
Becker & Poliakoff announced today that Cornett, Googe & Associates, P.A., a Stuart, Florida-based law firm that represents more than 300 community associations as well as businesses, individuals and professionals throughout the Treasure Coast, is joining Becker & Poliakoff. Effective October 1, the attorneys and staff of Cornett, Googe will become part of the Becker… Continue Reading
If you have insurance through Citizens’ Property Insurance Corp. then you need to know this information. Can you imagine having a 10% insurance deductible for hurricane claims? For homeowners that means if you have $300,000 of coverage you have to cough-up the first $30k before you are entitled to any insurance proceeds. For associations its even worse… Continue Reading
Condo & HOA leaders: If you’re struggling to collect assessments in your community, this seminar is for you. Register to attend one of the three South Florida events.
Tropical Storm Debby reminds Condo & HOA leaders of the importance of proper disaster planning. Here are some tips to assist in your planning efforts. I’ll include more tips in the coming weeks. Some examples of ways that managers, board members, etc., can prepare their offices in advance of a natural disaster: The first step is… Continue Reading
Tropical storm Debby made a major impact on property in Florida. Condominium and Homeowner Association Boards need to activate disaster plans and not rush to enter into restoration contracts. We have plenty of educational materials to assist those dealing with crisis management.
The Florida Bar will decide whether certain actions by Community Association Managers (CAMs) are considered the Unlicensed Practice of Law.
Fannie Mae announced that it requires servicers to ensure any priority liens for delinquent Condo & HOA assessments are cleared immediately, but no later than 30 days, after the foreclosure sale or acceptance of a deed-in-lieu of foreclosure.
Is a condominium or homeowners association entitled to protect its name and logo from use by others?
Bonita Bay Properties sued the Bonita Bay Community Association over the use of the community name and logo claiming trademark infringement and violations of state and federal law.
Attorney Lisa Magill is quoted in several HOA Leader articles including a recent article containing tips how to avoid risks associated with use of credit or debit cards.
A condominium association and its management company paid $20,000 to settle an emotional support animal accommodation case.
Are community associations liable for criminal attacks against residents?
A Las Vegas HOA is currently fighting with the IRS over the question of whether $2 million held in the HOA’s savings account is subject to income tax at the rate of 30%. Associations are generally organized as not-for-profit corporations (some older associations are not incorporated) and therefore must file tax returns like other not-for-profit corporations…. Continue Reading