Listen to Donna DiMaggio Berger on Topical Currents, November 4, 2015 from...
Topical Currents hosts Joseph Cooper and Bonnie Berman will be joined once again by our own Donna DiMaggio Berger, Esq., as she brings her experience and knowledge to answer listeners’ questions on...
View ArticleDoes Condominium Board Have Right To Withhold Legal Opinions From Owners?
Question: I am an owner in a “55 and over” condominium community. The board refuses to provide copies of legal opinions about how the board should interpret and apply certain provisions of the...
View ArticlePercentage Vote To Amend Condominium Governing Documents Requires Careful...
Question: I recently received a notice from my condominium about an amendment to our declaration of condominium. The notice stated that this amendment could be approved by a two-thirds vote of the...
View ArticleCan Florida Condominium Board Members Vote By Proxy?
Question: I am on the board of directors of my homeowners’ association. I travel quite a bit so I am often out of town for our board meetings. The board is considering a special assessment at our...
View ArticleHistory Differs Between Condominium and HOA Statutes in Florida
Question: As an association manager, I have a question that has always bothered me. Why are there so many differences between the condominium statute and the law for homeowners’ associations? You...
View ArticleAre Skylights A Window or Part of the Roof?
Question: I live in condominium consisting of 46 free-standing single family homes; 22 of them were built with skylights. During the rainy season, my roof developed a leak originating from the...
View ArticleHow Can I Withdraw My Name From Condo Election?
Question: I recently submitted a resume to be a candidate for the election to the board of directors at my condominium association. However, after considering it further, I have decided I do not want...
View ArticleCondominium Board Candidate “Forty Day Deadline” Can’t Be Waived or Extended
Question: I live in a condominium association and recently submitted my intent to be a candidate for the board for the upcoming election. Following receipt of my notice the association advised because...
View ArticleNew Bills Will Significantly Impact HOA Operations in Florida
Representative John Cortes has filed three separate bills which significantly impact community associations, and in particular, homeowners’ associations. The bills are: HB 653, Relating to Homeowners’...
View ArticleCan I Cut My Neighbor’s Trees?
Question: We have a neighbor who has an oak tree in his back yard, planted just four feet inside the border of our neighboring lots. The tree is about forty feet tall. We have had to have the tree...
View ArticleAre Loan To Value Requirements Legal?
Question: I am a realtor and I have been working in the real estate industry for many years. I have a potential buyer who learned about a new resolution passed by a homeowners’ association requiring a...
View ArticleIs A Change In Security Considered A Material Alteration?
Question: I live in a condominium association that has a guard at our entrance gate. If we change from a live guard to video surveillance cameras to save money, would that be considered a material...
View ArticleWho Pays To Maintain Covered Parking Spaces Only Available To Some?
Question: Certain units in my condominium have assigned covered parking and the right to use the covered parking space goes with the unit. Recently, the board advised the owners with covered parking...
View ArticleDo Budget Workshops Fall Under Sunshine Law?
Question: I live in a homeowners’ association. The board of directors has historically held a budget workshop with only the chief financial officer of the management company and two of the five...
View ArticleNew Bills Impacting Homeowners’ Associations Filed for 2016 Legislative Session
HB 7031, Relating to the Marketable Record Title Act (MRTA) has been filed by the House Civil Justice Subcommittee. Specifically, the bill provides that covenants and restrictions of homeowners’...
View ArticleCan Husband and Wife Serve On The Board At The Same Time?
Question: Can co-owners (for example a husband and wife who own only one home) sit on the board of directors at the same time? C.O. (via e-mail) Answer: The answer is different in a condominium than...
View ArticleCan My Condo Association Prevent Me From Renting My Unit?
Question: Before I purchased my condominium unit, my association amended its governing documents to state “an owner may lease or rent his apartment only once during the period of his ownership”. I now...
View ArticleHow Is Special Assessment Excess Adjusted After Sale Of Condominium Property?
Question: The board of directors of my condominium association levied a large special assessment, which I paid. I then sold my unit. Shortly thereafter, the board decided that one of the purposes for...
View ArticleBecker & Poliakoff Announces Free Condo and HOA Seminars
Becker & Poliakoff is committed to sharing our legal knowledge to help others. We do so by offering State-approved educational resources in various forms, including more than two dozen courses,...
View Article2016 Legal Update & Special Insider Look At Insurance For Community Associations
2016 Legal Update Overview of the Major Legislation Adopted in 2015 Impacting Florida’s Community Associations Provider #0000811, Course #9627311, 2 LU credit hours Presented by David Rogel, Esq. and...
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