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Engineered Life Safety System (ELSS) Lobbying Initiative

 For the 2018 Legislative Session, Becker & Poliakoff’s Community Association Leadership Lobby’s (CALL) will once again tackle the thorny issue of older Florida high-rises that have previously opted out of sprinkler systems still being required to retrofit with an Engineered Life Safety System (ELSS). If your community would like to be part …

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This Is The End. . . Or Is It?: Retroactive Application Of The Amendments To The Condominium Act Relating To Termination

In some instances, unit owners in a condominium association may collectively decide that it would be better to “end it all” and terminate the condominium rather than continue on with the condominium form of ownership. Perhaps the owners in an older condominium sitting in a prime location may want to terminate and sell out …

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Responsibility For Repairs After A Hurricane Or Storm

Given the especially active and devastating 2018 hurricane season, it is helpful to remember how condominium associations should proceed with repairs to the condominium property after a hurricane or other storm event. The first determination that must be made is whether the association will need to look towards its Declaration of Condominium or to …

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Conflicts of Interest – Is it time for a new Code of Conduct?

It has always been the obligation of Board members to serve for the benefit of the entire community.  Doing so requires that they carry out their duties in good faith with the care of ordinarily prudent people.  To safeguard and promote the welfare of the community, The Condominium Act provides for personal liability if …

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Legal Decisions Which Could Affect Your Community

Many community associations do not have an absolute right to approve or disapprove of prospective purchasers; but instead the governing documents give them a right of first refusal to assign a sales contract to another purchaser on the same terms and conditions. A lis pendens is a publicly recorded notice on real estate documenting …

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