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Joseph Adams
Posted on 
Q: How can a homeowners’ association regulate owners renting out their houses to short term guests? If the association were to enforce with a penalty, how can it collect on it? (E.H., via e-mail)
A: The place to start is knowing what your governing documents and local laws say about the subject. For example, …
The following are some general principles that might help you evaluate a construction contract:
Joseph Arena
Posted on 
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 to justify his or her …
Kathleen O. Berkey, AICP
Posted on 
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 public hearings at which the …
David G. Muller
Posted on 
Q: I recently lost the election at my condominium by a few votes. Although my name was on the ballot, my resume was not included with the ballot mailout. Doesn’t this require the association to have another election? T.V.
A: If you timely submitted your candidate information sheet, and you can provide that you …
Joseph Adams
Posted on 
Q: Our manager recently told the board that there has been a change with “bank requests” and said the board needed to address it. I did not understand what that means or what the changes are. Could you please explain? (A.M., via e-mail)
A: Needless to say, as a result of …
Joseph Adams
Posted on 
Q: I own a condominium with only 15 units in our association. The declaration for the condominium has never been updated and currently requires a vote of 75% of the all unit owners to change. Because four owners can veto any amendment, nothing can pass. Is there any way around this? Does Florida law …
Joseph Adams
Posted on 
Q: I found out my HOA fee went up almost 40 percent without any notice. I want to know why and if it went up for everyone. Can I request more information because I didn’t receive anything? (M.P., via e-mail)
A: Board budget meetings in a homeowners’ association require posted notice, which must state …
John Stratton
Posted on 
The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others. The privilege covers written and oral …
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.
Scott Kiernan
David Milton
Becker
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