HB 653 (SB 744), sponsored by Representative Moraitis, passed the Florida Legislature but as of today, it has not yet been sent to the Governor for consideration. When a bill is sent to the Governor, he has fifteen (15) days …
Can I afford to Grow Old?
Question: I have been saving up for retirement, but will it be enough if either my spouse or I get sick? My parents seem to be doing fine with money, but my mom was recently diagnosed with dementia, …
Becker & Poliakoff Wins Multi-Million Dollar Jury Verdict In Landmark Construction Case
Big. Win.
Becker & Poliakoff secured a landmark $9 million-plus jury verdict Thursday against a subsidiary of Hovnanian Enterprises, Inc. (NYSE: HOV). The award includes punitive (treble) damages for violation of the New Jersey Consumer Fraud Act and also entitles …
Can the Association Board Fill a Vacancy Without an Election?
Question: Recently, one of the members of our board of directors resigned from the board and sold their unit. When he announced his resignation, I expected the association to schedule an election to fill the vacancy. However, at …
Donna DiMaggio Berger Upcoming Interview on WLRN 91.3FM Topical Currents Segment
Don’t miss shareholder, Donna DiMaggio Berger, the featured guest on WLRN 91.3FM Topical Currents this Wednesday, June 7, from 1-2pm. Donna will discuss what board members, managers and residents need to know about landmark association laws just passed by …
Community Association Board Members Can be Considered Limited Purpose Public Figures in Defamation Cases
There is a growing body of case law around the country which would make it more difficult for an allegedly defamed community association board member to successfully pursue his or her day in court. Is a community association board member …
Changing Governing Documents Generally Requires Homeowner Approval
Question: My homeowners’ association is about twelve years old and we are considering doing a complete rewrite of our governing documents. Some members of the board have stated that we cannot replace our governing documents, but only amend …
Is Medicaid Only for the Really Poor?
Question: I can’t qualify for Medicaid assistance because I have too much money. I own my house, doesn’t that disqualify me from Medicaid? Won’t Medicaid take my house after I die?
Answer: The Long-Term …
Golf Balls and Windows in Florida HOAs
Question: My home is located near the tee box of the first hole of a local golf course. Periodically (but very infrequently) an errant golf ball strikes my house. Two weeks ago a particularly bad golfer sent a …
Officers are Elected or Removed by the Board of Directors in Florida Condominiums
Question: I am the president of my condominium association and I have decided that we should fire our secretary. Do I have the authority to fire the secretary or is this something that should be voted on by …