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By David G. Muller
Posted on 
Editor’s Note: David G. Muller is a Board Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 10 other Florida cities. The Firm focuses a substantial amount of its practice on condominium and homeowners association law. …
By Joseph Adams
Posted on 
Q: Our condominium association just had a reserve study done for the first time in our twenty-year plus history. We learned that all of the funds we have set up are inadequate. The board said that to catch up the reserves would double our assessment, so they want to phase in the increase. …
By David G. Muller
Posted on 
Many times, associations are challenged by owners who believe their names were improperly kept off the election ballot because the owner did not agree that they owed a fine. The Condominium Act states that a person who is delinquent in the payment of any monetary obligation to the association is not eligible …
By Jamie B. Dokovna
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You have to be living under a rock if you have not heard of the #MeToo movement. Although stories of sexual harassment in the workplace are nothing new and the law prohibiting sexual harassment has been around for almost 30 years, it seems as though stories of sexual harassment in the workplace are being …
By Marielle Westerman
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With increasing frequency, insurance companies that provide unit owner insurance are suing community associations to recover payments made to the unit owner that are related to water leaks in the unit. The problem with these lawsuits is two-fold. First, the insurance companies are waiting years to bring them, although still within the statute of …
By Joseph Adams
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Q: The board of my condominium association seems to always be stacked with seasonal residents who want things nice for the few months they are there, and to cut costs for the rest of the year. A group of year-round residents would like to start a petition to change our bylaws to require …
By Joseph Adams
Posted on 
Q: My condominium association recently solicited bids for major repairs to our condominium buildings. The cost of the project is several hundred thousand dollars. At the recent board meeting where the contractor was selected, the board discussed all of the bids and voted to proceed with a particular contractor. However, this contractor was …
By Joseph Adams
Posted on 
Q: We have an owner who stopped paying their assessments to our condominium association. The association recorded a lien against the unit and foreclosed. The association was the only bidder at the foreclosure sale. Now some unit owners are saying that the board of directors acted inappropriately and there should have been a …
By David G. Muller
Posted on 
Q: I heard there was a recent change in the law which now prevents Board Members in a homeowners association from voting on matters via e-mail. Can you confirm this? Y.C. via e-mail
A: You are correct that this change in the law for homeowners associations became effective …
By Joseph Adams
Posted on 
Q: What homeowners’ association activity is allowed within “access easements” and “lake maintenance easements?” We own the title to our lots but these easements against our property are set forth in our documents. Does this give the association or other owners the right to come on our property? (J.S., via e-mail)
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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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