Community Associations Network Industry News

FT. LAUDERDALE, FL -- 10/16/08 -- Becker & Poliakoff, P.A., a diversified commercial law firm with more than 120 attorneys in 13 Florida offices, New York City and affiliated international offices, today announced its receipt of the prized "Law Firm of the Year" award from the Latin Builders Association.

Presented each year by the Miami-based Latin Builders Association (LBA), the annual award recognizes firms for their expertise and integrity in working with the business community and the construction industry in South Florida. Nominations are made by fellow LBA members who recognize the achievements of the best corporate and business law firms working within the association and the local construction industry.

The award was presented during the "The 2008 LBA Stars" 28th Annual Awards Banquet, held by the Latin Builders Association's on Saturday, October 11 at the Miami Airport Hilton. Receiving the "Law Firm of the Year" award on behalf of Becker & Poliakoff was attorney Carlos Gimenez, who is part of the firm's Government Law & Lobbying Group and is a member of the Board of the Latin Builders Association.

Also attending the ceremony on behalf of Becker & Poliakoff were Alan Becker, the firm's co-Founder and Managing Shareholder, Miguel Diaz de la Portilla, shareholder and lead attorney in the firm's Government Law and Lobbying practice in Miami-Dade County; and, Board Certified Construction Lawyer Belinda Bacon, a registered Florida Professional Engineer and attorney who practices exclusively in the firm's Construction Law and Litigation practice.

"Becker & Poliakoff is very pleased to have received this prestigious award from the Latin Builders Association," Alan Becker said. "With eight board certified construction lawyers and an experienced group of real estate and land use attorneys, Becker & Poliakoff prides itself on providing our extensive building industry knowledge to counsel our clients in the construction industry and local business community as we transition through these turbulent economic times."

"We are pleased to honor Becker & Poliakoff for its many heartfelt contributions to our community. They are an important part of the LBA and provide valuable leadership to the legal, business and civic communities," said Ovi Vento, president of the Latin Builders Association.

The 2008 award recipients were chosen from 43 categories and included Becker & Poliakoff as "Law Firm of the Year," Mercantile Bank as "Bank of the Year" and many others businesses and community leaders. In the nominating process this year, Becker & Poliakoff shared the "Law Firm" category with other leading South Florida law firms, including Broad & Cassel and Piedra & Associates.

"The 2008 LBA All Stars" awards ceremony was sponsored by Tamiami Chrysler Jeep Dodge, Mercantile Bank, FPL and Comcast, and was attended by some 500 members and guests of the Latin Builders Association, the South Florida construction industry and business community.

About Becker & Poliakoff

Becker & Poliakoff is a diverse commercial law firm with more than 120 attorneys in 13 Florida offices, New York City and affiliated international offices. Celebrating its thirty sixth (36th) year of serving clients, the firm has seven primary areas of practice: Real Estate, Construction, Community Association, International Trade & Customs, Commercial Litigation, Corporate, Tax & Securities, and Government Law & Lobbying. For more information, visit: www.becker-poliakoff.com.

About the Latin Builders Association

The Latin Builders Association is an energetic, non-profit organization that encompasses a vast array of individuals and companies related to South Florida's vibrant construction industry. Since its establishment in 1971, Latin Builders Association has embodied the interests of builders, developers, contractors, architects, engineers, plumbers, electricians and tradesmen associated with the business of construction, striving to provide a vital forum for discussion, networking, training/development, and representation at the local and state level. For more information, visit: www.latinbuilders.org.

Posted by Joe at 11:07 AM | Permalink

FT. LAUDERDALE, FL--(Marketwire - September 25, 2008) - Becker & Poliakoff, P.A., a diversified commercial law firm with more than 125 attorneys in 13 offices throughout Florida, in New York City, and affiliated offices in Europe, Asia and the Middle East, today announced that attorney and shareholder Rosa de la Camara has been named a member of the newly created state Community Association Living Study Council. Ms. de la Camara was appointed to the Council, established by the Florida Legislature in 2008, by the Speaker of the Florida House of Representatives Marco Rubio.

The Council's role is to receive public input regarding issues of concern with respect to community association living and to make recommendations to the Legislature for changes in the law related to community associations.

Ms. de la Camara joined Becker & Poliakoff in 1987 and concentrates her practice exclusively on representing Boards of Condominiums and Homeowner Associations in Miami-Dade and Monroe counties.

"Rosa de la Camara has immersed herself in the many complex issues facing condo and homeowners association boards of directors, unit owners, managers and state and local policymakers," said Marco Rubio. "Her knowledge, experience and dedication will help to ensure that the Community Association Living Study Council achieves its goals of addressing the legislative needs of Florida's homeowner association population."

Ms. de la Camara previously served as a member of the Florida Advisory Council on Condominiums, the body charged as liaison between the public and the Division of Florida Land Sales and Condominiums. She has also served on the Board of Directors of the Community Associations Institute, Greater Miami Chapter and on the Editorial Advisory Board of Condominium Management Magazine. She serves as co-counsel for the Miami Beach Council of Condominiums.

Ms. de la Camara has over 20 years of experience participating as speaker in instructional and educational seminars concerning the Community Association Legal practice. She has been a featured panelist at symposiums on Community Association Law and a speaker at various workshops throughout South Florida concerning Community Association Law in both English and Spanish languages. Ms. de la Camara is a member of the Florida and Federal Bars, Dade County Bar Association and Cuban-American Bar Association. She served as a mentor in the S.T.A.R.S./H.O.P.E. Education opportunity program for high school minority students and served as a committee member for the Village of Key Biscayne.

About Becker & Poliakoff P.A.

Becker & Poliakoff is a diversified commercial law firm based in Ft. Lauderdale with more than 125 attorneys in 13 Florida offices, New York City and affiliated global offices in Czech Republic, China, France and Israel. The firm's core areas of practice include Real Estate, Condominium and Homeowners Association Law, Construction, International Business & Trade, Government Law & Lobbying, Civil and Commercial Litigation, and Corporate, Securities & Tax Law. For more information, visit: www.becker-poliakoff.com.

Posted by Joe at 2:36 PM | Permalink

FT. LAUDERDALE, Fla., April 14 /PRNewswire/ -- Individuals who purchased Florida condo units in good faith in recent years face yet another threat to their property's value from a rising tide of lawsuits by speculative investors seeking to exploit loopholes in a 40-year old law known as the Interstate Land Sales Full Disclosure Act, say two prominent South Florida attorneys.

In an Opinion piece published Saturday in the South Florida Sun-Sentinel, attorneys Alan Becker and Allen Levine of the law firm Becker & Poliakoff (www.becker-poliakoff.com) write that the mushrooming litigation, based on perceived loopholes in the federal legislation, known as ILSA, and governing regulations issued by the U.S. Department of Housing and Urban Development (HUD), represents a serious problem for the residential real estate market, particularly in Florida and potentially nationwide.

The full text of the Opinion piece can be found online at the Sun-Sentinel.com at: http://tinyURL.com/5czs7q or http://www.sun- sentinel.com/news/opinion/sfl-condo12forumsbapr12,0,2260792.story .

Becker, who is a co-founder and Managing Shareholder of the firm, and Levine, who leads Becker & Poliakoff's statewide real estate litigation practice, have called on the U.S. Congress and HUD to immediately address the problems with the ILSA legislation and governing regulations, which threaten to exacerbate the already troubled Florida residential condominium market.

"ILSA was originally intended to protect unknowing home buyers from unscrupulous developers who were selling property on swampland or wasteland unsuitable for development," Becker & Levine said in their article. While the legislation made sense 40 years ago when parts of Florida were truly undeveloped, they added, "now that the condo market is in a slump, some purchasers are taking advantage of the ambiguously worded regulations" to get out of contracts in highly developed areas.

"The majority of buyers behind these lawsuits are speculative short-term investors, commonly referred to as 'flippers,' who purchased units in highly developed areas of Florida but are now worried they won't be able to resell the units or make as much of a profit as they had hoped," the attorneys continued. "If these lawsuits are successful, it will set a dangerous precedent for large numbers of buyers skipping out on their contracts every time the market takes a downward turn, despite being provided with the completed unit they originally purchased."

Becker and Levine called on Congress and Florida legislators, in particular, to work together with HUD and "take immediate action to close the loopholes in ILSA before the real estate market is dragged down even further, harming not only developers and lenders but the true consumers that the law was originally designed to protect."

A former three-term Florida State Legislator, Alan Becker also serves in key leadership positions in Florida economic development organizations, including Enterprise Florida and The Beacon Council, Miami Dade County's private-public economic development agency. As Managing Shareholder of Becker & Poliakoff, Alan Becker is responsible for lead management responsibilities at the 34-year-old law firm and also heads business development, recruitment and strategic planning for the firm.

Firm shareholder Allen Levine leads Becker & Poliakoff's statewide real estate litigation practice team and has extensive experience representing multi-national and domestic businesses, developers, investors, community associations, contractors, and suppliers in business litigation. A member of the Broward Alliance Board of Directors, the Broward Alliance Investors Council, and person of the Broward Alliance Business Development Committee, Levine is also a recipient of the Florida Economic Development Council's Richard L. McLaughlin Award, recognizing his contribution to economic development in Florida.

More information about Alan Becker can be found online at: http://www.becker-poliakoff.com/attorneys/bios/becker_a.html

More information about Allen Levine can be found online at: http://www.becker-poliakoff.com/attorneys/bios/levine_a.html

About Becker & Poliakoff P.A.

Becker & Poliakoff, P.A. is a diversified commercial law firm based in Ft. Lauderdale with more than one hundred twenty five attorneys in fourteen Florida offices, plus New York, Prague and affiliated offices in China, France and Israel. In addition to Real Estate Litigation, the firm counsels clients in legal issues relating to Community Association Law, Real Estate, Construction, Litigation, Government Law & Lobbying, Corporate & Tax, International Business and Trade, and many other areas of law. For more information, visit: http://www.becker-poliakoff.com .

Posted by Joe at 10:53 AM | Permalink

ARNOLD AND ELIZABETH MCMAHON, THE OWNERS AND THE OPERATORS OF THE AHRC WEBSITE WERE JUDGED TO HAVE COMMITTED FRAUD. COURT AWARDS COMPENSATORY AND PUNITIVE DAMAGES OF OVER $820,000.00.

Most everyone who works with community associations in the Southern California area are probably aware of the “American Homeowners Resource Center - WWW.AHRC.COM. The AHRC website is owned and operated by Arnold and Elizabeth McMahon. This website is devoted to lambasting homeowners associations, CAI, legislators, businesses, managers, attorneys, judges, etc., who may support, vote or rule in favor of homeowners associations.

Unfortunately, for all of us who support or service homeowners associations, this website receives 3 million hits a month. The McMahons have used the sheer amount of communication volume to obtain the attention of legislatures throughout the United States, including and especially the California Legislature. Their function has been to promote anti homeowners association legislation. To that end, they have appeared before key legislation committees on many occasions. By most accounts due to the number of voters they purportedly represent, they have been considered a “force.”

On September 11, 2007, the McMahons were found to have committed fraud transferring assets in an effort to defraud Palacio Del Mar Homeowners Association (“Palacio”). Specifically, the court found that the McMahons acted with fraud, oppression and malice toward the association and awarded the association over $820,000.00 in compensatory and punitive damages. Not surprisingly, and even though the AHRC website claims to be “interactive” and a “grass roots” forum for discussion about all matters related to homeowners associations, the AHRC website makes no mention of this judgment, nor do we expect any mention of this judgment in the future.

Arnold and Elizabeth McMahon formerly resided in Palacio located in San Clemente. Palacio was represented by David M. Peters, Esq. and Michael G. Kim, Esq. of Peters and Freedman, L.L.P. Palacio filed its lawsuit against the McMahons in November 2001. Why did it take so long, almost 6 years, for this case to be tried? The answer is the McMahons doggedly resisted legal procedures and, given the result, for good reasons. These efforts even resulted in a contempt finding against Elizabeth McMahon and required Palacio to obtain court orders for the McMahons to submit to depositions and production of documents. By way of example, Arnold McMahon’s deposition had to be monitored by a retired judge appointed by the court with the judge ordering him to answer questions. The McMahons also filed motion after motion with the court, some of which were found to be frivolous. The McMahons then would appeal the court’s decision. The McMahons even claimed that because they published articles on their AHRC website critical of Palacio and its lawyers during the case that the case “morphed” into an attempt by Palacio to squelch their First Amendment rights of free speech. The McMahon’s motion making this interesting claim called an “anti-SLAPP motion to strike” was denied by the trial court as frivolous. On appeal, the court of appeal also found the motion to be frivolous, as well as the appeal and ordered sanctions against the McMahons. $41,301.22 in sanctions, which the McMahon’s have appealed. The Association is currently in the process of attempting to garnish Mr. McMahon’s salary to recover these sanctions.

Another noteworthy motion that both Arnold and Elizabeth filed separately and at different points in time in an attempt to delay trial, was a Motion To Transfer the case from Orange County to Los Angeles County claiming that the entire Orange County Bench was biased against them. Obviously, these motions were denied. Mr. McMahon is a Professor of Ethics at Los Angeles Community College. Mr. McMahon, attended USC law school represents himself. Elizabeth McMahon employs separate legal counsel. It is not uncommon for Arnold and Elizabeth to file the same motion at different times to cause delay and increase the expense to their opponent. You may also note that Mr. McMahon engaged Phillip Putnam, an attorney whom you will note is featured in the AHRC website. It appears apparent that AHRC website is a source of business for Mr. Putnam.

The court awarded Palacio $570,883.00 in compensatory damages, and $250,000.00 in punitive damages against the McMahons, finding that Palacio had established by a “very high standard” its entitlement to a punitive damage award against the McMahons because they acted with “fraud, oppression and malice.” Please note that the Association has already collected $227,337.75 from the McMahons in a prior lawsuit. This does not include other sanctions that are not discussed in this article.

If the past is indicative of the future, it is almost a virtual certainty that the McMahons will appeal. If the past is indicative of the future, the McMahons’ appeal will be denied.

Posted by Joe at 10:50 AM | Permalink

FORT LAUDERDALE, Fla., Sept. 21 /PRNewswire/ -- Las Olas River House, touted as Fort Lauderdale's tallest and nicest condominium building, is being scrutinized for misleading owners about the square footage of residential units.

Some Las Olas River House owners are claiming that the actual square footage of River House units is significantly less than the advertised square footage. According to attorney Robert Kelley of Kelley / Uustal, PLC, "Unit owners are coming to us complaining that the units were as much as 500 square feet smaller than the advertising materials claimed. With the fair market value per square foot at around $500, these unit owners may be entitled to hundreds of thousands of dollars." One of Kelley's clients, and one of the first residents of Las Olas River House, noticed the discrepancy while having his unit measured so that flooring could be installed.

According to the Las Olas River House website, the 42 story luxury residential condominium offers 287 residences with floor plans allegedly ranging from 1,200 to more than 9,000 square feet of living space.

Other than location, the most important factor in home buying to a consumer is the actual square footage. Inaccurately reported square footage is the subject of numerous complaints made each year. A small percentage of cases involve willful misrepresentation (knowingly giving incorrect information).

"You can see the advertised square footage in marketing materials on the River House's internet site at http://www.lasolasriverhouse.com and through the Las Olas River House sales office. Owners should compare that to their actual square footage," Kelley said.

The first law suit was filed by Kelley / Uustal, in the Circuit Court in and for the Seventeenth Judicial Circuit in and for Broward County. "Our clients seek justice. The Developers and Sales Group had a responsibility to provide accurate and honest information," concluded Kelley.

Robert Kelley and John J. Uustal are partners in the law firm of Kelley / Uustal, PLC. The firm is headquartered in Fort Lauderdale, Florida, with offices located at Courthouse Law Plaza, 750 S.E. 3rd Avenue. Mr. Kelley and Mr. Uustal can be contacted at (954) 522-6601. Additional information about Kelley Uustal may be obtained from the firm's website at http://www.shiftthepower.com.

Posted by Joe at 11:31 AM | Permalink

Law firm Ballard Spahr Andrews & Ingersoll is expanding into Bethesda with an eye on boosting its real estate practice.

The Philadelphia-based firm, which also has a sizable Baltimore presence, is staffing the Bethesda office with four new attorneys, all lured from Linowes and Blocher.

Roger Winston, Timothy Martin and Marc DeCandia have joined Ballard Spahr as partners, and Shelah Lynn Lynn is of counsel.

This is the third office Ballard Spahr has opened in the past six weeks. The firm set up shop in Las Vegas in July and Phoenix in August.

Winston is a prominent counselor to real estate developers, builders and lenders. Martin focuses on real estate acquisitions and sales and common-interest project development, and DeCandia concentrates on condominium and community association development law. Lynn has extensive experience representing condo and homeowners associations, the firm said.

Their additions "will make our dynamic real estate practice even stronger," Ballard Spahr Chairman Arthur Makadon says in a statement. "They will bring more depth and breadth to our practice and enable us to capitalize on the rapid economic growth occurring in the suburban D.C. region."

Posted by Joe at 11:26 AM | Permalink

In a recent real estate lawsuit, the buyers of a condominium alleged they had suffered health problems and damages as a result of mold exposure. They sued the sellers of the condo, their real estate agent, the homeowners association, and home inspectors. Their failure to disclose lawsuit alleged negligence, breach of contract, and misrepresentation. When the case went to trial, Plaintiffs presented numerous expert witnesses that testified the toxic mold had been present for some time. Kevin J. Gramling, an attorney for Klinedinst PC, represented the sellers of the condo, and was able to successfully demonstrate that the sellers had not misrepresented the sale, and that there was no negligence, fraud or breach of contract in the real estate transaction. This case could be a harbinger of lawsuits to come, given the myths still surrounding mold and toxic torts, and the high number of real estate transactions in California.

Santa Ana, CA (PRWEB) August 2, 2006 -- Kevin J. Gramling, the managing shareholder in Klinedinst's Santa Ana office, recently won a complex bench trial where the Plaintiffs alleged that the sellers of a condominium failed to disclose the presence of toxic mold.

Klinedinst represented a husband and wife who sold their Huntington Beach condominium to the Plaintiffs in November, 2004. Weeks after escrow closed, the Plaintiffs began experiencing water leaks and noticing water stains. The Plaintiffs hired construction and industrial hygienist experts to examine the problem. The experts concluded that two exterior decks and the condominium's wood siding were indeed leaking and causing mold growth.

The Plaintiffs and their two minor children moved out of the condo in January, 2005. One child was hospitalized repeatedly for symptoms allegedly caused by exposure to toxic mold spores. The other Plaintiffs complained of symptoms frequently associated with mold exposure, including respiratory ailments, rashes, and fatigue.

Four months after purchasing the condo, the Plaintiffs filed a lawsuit against the sellers, their real estate agent, the homeowners association, the termite inspector and the home inspector. Plaintiffs alleged causes of action for negligence, fraud, breach of contract, and negligent misrepresentation against the sellers. The Plaintiffs were seeking over $250,000 in damages from the sellers; all other parties settled prior to trial. The sellers denied experiencing leaks while living there, and denied covering up the water stains prior to completion of the real estate transaction.

Klinedinst attorneys were brought in to represent the sellers, and Kevin J. Gramling personally handled the case. Mr. Gramling has defended housing manufacturers, developers, mobile home park owners, apartment owners/managers, and commercial building owners in toxic tort litigation. Mr. Gramling's experience in complex toxic mold trials, including a defense verdict in the first mold wrongful death case to go to trial, was recognized as being crucial for the defense, especially with allegations of health ailments involving minor children.

In June, 2006, the bench trial (bifurcated) began in Orange County Superior Court, with Judge Derek Hunt presiding. The Plaintiffs presented numerous experts to prove their case, including a general contractor and a certified industrial hygienist. Mr. Gramling, on behalf of the sellers, was able to cut through the myths involving toxic mold, and presented a clear, concise defense without calling any expert witnesses.

On June 29, 2006, a minute order was issued finding in favor of the Defendants on all causes of action. The Defendants will file a memorandum of costs, and a motion for attorneys fees to recoup nearly $60,000 in fees and costs.

The impact of this case could be far-reaching, especially in light of the incredible number of real estate transactions in California. There are still many myths that surround mold and other toxic torts, and we expect these failure to disclose lawsuits to continue in the future.

The case was Griffith et al. v. Nguyen et al. (Orange County Superior Court, Case No. 05CC05122)

Klinedinst congratulates Kevin J. Gramling for his success in this contentious toxic mold case.

Posted by Joe at 10:13 AM | Permalink

ALEXANDRIA, VA, JULY 24, 2006—Community Associations Institute (CAI) today applauded the enactment of legislation that gives residents in community associations the right to fly the American flag. While many homeowner associations already allow the display of American flags, some restrict the practice to prevent the proliferation of flags, banners and emblems. First introduced in January 2005, the Freedom to Display the American Flag Act of 2005 (H.R. 42) was signed by President Bush today and is effective immediately.

Sponsored in the House of Representatives by Rep. Roscoe Bartlett (R-MD), the legislation is based largely on CAI's own public policy on the display of the American flag in community associations. That long-standing policy recommends the "elimination of community association restrictions that prohibit the display of a reasonably sized, removable American flag from a resident's exclusive use or limited common element areas, so long as the flag is displayed in accordance with the Federal Flag Code...."

At the same time—and consistent with provisions in H.R. 42—CAI believes that community associations, and not state laws, are best suited to determine the appropriate size, placement and installation of flags and flagpoles.

"I'm gratified the President signed this important measure," said Bartlett, who drafted H.R. 42 after reviewing state statutes and public policy guidelines developed by CAI. "This is a reasonable and thoughtful approach that gives residents the right to fly our colors, even as it gives community associations the right to establish appropriate limitations on the size and locations of flags displayed in their communities. This is a perfect compromise between the rights of individuals and the important obligations of community association leaders."

"Displaying the American flag is the patriotic right of all Americans and H.R. 42 helps protect it," said Senate Majority Leader Bill Frist (R-TN) after the Senate passed the measure July 17 by unanimous consent. "This legislation strikes the appropriate balance between reasonable community regulations and an essential American liberty."

According to CAI, more than 57 million Americans live in an estimated 286,000 homeowner and condominium associations, up from just two million residents in 10,000 communities in 1970.

Flags—and flag poles—have become an occasional source of conflict when residents want to fly flags or install flagpoles in violation of established community association guidelines. Such restrictions, as well as others pertaining to architectural guidelines and lawn-care standards, are designed to preserve the appearance of communities and protect property values.

These occasional conflicts notwithstanding, recent national research conducted by Zogby International indicates that more than 7 in 10 Americans who live in homeowner and condominium associations are pleased with their communities, with just 10 percent expressing some level of dissatisfaction. Zogby found that 78 percent believe community association rules "protect and enhance" property values. Only 1 percent said rules harm property values, while about 20 percent see no difference. The research was conducted by the Foundation for Community Association Research.

"We commend Mr. Bartlett and his colleagues for taking a logical and balanced approach to what can be a contentious issue," said CAI Chief Executive Officer Thomas M. Skiba. "This legislation codifies the right of residents to fly the flag, but also affirms the right of community associations to establish fair and reasonable limitations on how the flag is displayed."

CAI is a national membership association that provides information, tools and resources to homeowners and professionals who govern and manage homeowner and condominium associations. CAI members include community managers, volunteer homeowner leaders and businesses and professionals who support common-interest communities. CAI member services include conferences and seminars, education courses, public policy and media advocacy, periodicals, books, professional service directories and professional designations.

Posted by Joe at 6:57 PM | Permalink

• Everything You Need to Know Before Buying a Co-op, Condo, Or Townhouse, by Ken Roth. AMACOM Publishing. 197 pages. $18.95.

Don't buy or sell a condominium, co-op or townhouse without first reading Ken Roth's revealing new book, Everything You Need to Know Before Buying a Co-op, Condo, or Townhouse. Written by an experienced Florida real estate attorney and condo investor, this important handbook exposes the good and bad of these specialized properties.

Not only is this book enjoyable and easy reading, but also the author's many experiences explain how to avoid potential pitfalls. He even reveals a few mistakes he made. Roth, who lives and practices law in South Florida, highlights the differences among co-ops, condos and townhouses, their drawbacks and their advantages.

Whether you are thinking of buying as a personal residence or an investment, the author explains how to protect yourself, especially when purchasing a new condo from a developer. Roth emphasizes what is negotiable in such purchases and what is non-negotiable when dealing with new construction.

Along the way, the author discusses what makes a profitable condo purchase, such as location, view and amenities, and how to avoid paying too much. The book's final chapter ties everything together and shares how to sell your condo for maximum sales price.

The most valuable parts of the book are when Roth, after explaining the facts, provides his viewpoints based on many years of owning multiple condos and his law practice experiences. Such information is priceless when determining what to look for and what to avoid when buying a condominium.

Heavy emphasis is placed on the role of the board of directors. Many condo buyers are unaware when they purchase that they become members of a mini-democracy and they must submit to the decisions of the governing board of fellow owners. As a condo owner, I especially related to Roth's description of the ''condo commando'' member who wants to take charge of every condo association.

By far, this is the best ''how to buy a condominium'' book I've read. It is ultra-complete, explaining both the legal and practical aspects as well as the pros and cons of condo ownership. The many personal examples add realism to the contents. On my scale of one to 10, this outstanding book rates an off-the-chart 12.

Posted by Joe at 4:27 PM | Permalink

FORT LAUDERDALE, Fla., July 18 /PRNewswire/ -- Becker & Poliakoff, P.A., a diversified commercial law firm with more than one hundred attorneys in fifteen offices throughout Florida, today announced the appointment of attorney and shareholder Kenneth S. Direktor to lead its expanding Community Association law practice, providing a full range of legal counsel and services to condominiums, cooperatives, homeowner and other associations statewide.

As Chair of the Community Association Practice Group, Mr. Direktor will work closely with the law firm's 32 other community association attorneys, who practice from Becker & Poliakoff offices located throughout the state. Based in the firm's West Palm Beach office and continuing to represent community associations in Palm Beach County and along the Treasure Coast, he will report directly to the firm's management committee.

"Ken Direktor is well-placed to lead Becker & Poliakoff's growing Community Association practice by virtue of his longtime experience providing legal and business counsel to our clients, and his solid leadership skills and deep understanding of community association issues in Florida," said Gary Poliakoff, firm founder and President of Becker & Poliakoff, P.A.

"I'm very pleased to have been appointed to chair the Community Association practice at Becker & Poliakoff and to have the opportunity to leverage our firm's leadership to serve the best interests of the tens of thousands of condominium, homeowner and other community associations statewide," Direktor said. "As chair of the practice, I am firmly committed to Becker & Poliakoff's tradition of working closely and fostering personal relationships with the many community association leaders and professionals who continue to be instrumental in the growth and success of community living in Florida."

Mr. Direktor joined Becker & Poliakoff in 1986 and has practiced law continuously in Southeast Florida since his admission to the Florida Bar in 1984. He has a broad knowledge and deep understanding of legal issues impacting business, finance and property development, having practiced in commercial and real estate related litigation. He is admitted to practice before the U.S. Federal District Court, Southern District of Florida, as well as the U.S. Bankruptcy Court, Southern District of Florida.

Having focused his legal practice for the past 12 years on providing legal counsel and representation to condominium, cooperative and homeowner associations in Southeast Florida, Mr. Direktor is widely recognized as an authority on community association matters and frequently addresses topics that include effective community association covenant enforcement, effective collection of assessments, bankruptcy and creditor's rights, insurance, disaster recovery, casualty repair and related issues.

He has spoken on community association issues to audiences at the Community Association Institute of Broward County, Florida Bar Continuing Legal Education Seminars, Nova University's Law School and numerous civic associations in Broward, Palm Beach and Martin Counties and will be teaching a course on Condominium Law at Nova University's Shepard Broad Law Center this year. Mr. Direktor also has been active in the Florida legislative process, helping to draft laws, advocate change and provide comment on proposed legislative changes that might impact condominium, cooperatives and homeowner associations.

A contributing co-author of Florida Admissibility of Evidence (Harrison Company, 1989), Mr. Direktor holds a Bachelor of Arts degree from Miami University of Oxford, Ohio, and received his JD degree in 1984 from the University of Toledo College.

Becker & Poliakoff has been a pioneer in the development of Community Association law in Florida, with many of the leading cases in the field bearing the firm's name. Becker & Poliakoff's Community Association attorneys, recognized as individual leaders in the field through published works, legislative activities and industry group leadership positions, work together as a team to provide community association clients the benefit of more than 100 years of collective experience in the field of Community Association law and practice.

In 2003, Becker & Poliakoff also established the Community Association Leadership Lobby (CALL) to monitor and respond to legislation emerging from Tallahassee that can significantly impact condominiums, homeowners' associations, mobile home communities and cooperatives throughout the state. The leading organization working to enhance the quality of life and protect property values for Florida's community association residents, CALL advocates on behalf of more than 4,000 member communities statewide.

About Becker & Poliakoff P.A.

Becker & Poliakoff, P.A. is a diversified commercial law firm based in Ft. Lauderdale with more than one hundred attorneys in fifteen Florida offices and international and affiliated offices in New York, Czech Republic, Germany, China, France and Israel. In addition to Community Association Law, the firm counsels clients in legal issues relating to Disaster Recovery, Real Estate, Construction, International Business & Trade, Government Relations, Civil and Commercial Litigation and many other areas of law. For more information, visit: http://www.becker-poliakoff.com .

Posted by Joe at 10:44 AM | Permalink

The Maryland Department of Housing & Community Development Task Force on Common Ownership Communities investigating problems in common ownership communities has met and now wants to hear from the public.

Public meetings will be held on June 15,20, 29, and July 20, and 26, 2006. This is an opportunity for homeowners to voice your concerns and influence Condo.homeownner association/Co-op public policy. Marylanders can voice their opinions at public hearings, or send in their opinions via email or letters.

This is an opportunity for Maryland homeowners to influence Condo/Homeowner Association/Co-Op public policy and right many wrongs.

PUBLIC HEARINGS SCHEDULE

Thursday, June 15, 2006
4 pm to 7 pm Holiday Inn
6700 Coastal Highway
Ocean City, MD 21842
Holiday Inn Conference Center on 67th & Coastal Highway on the Ocean Side of the Highway

Tuesday, June 20, 2006
4 pm to 7 pm Stamp Student Union
1133 Stamp Student Union
University of Maryland
College Park, MD 20742
Room: Atrium

Thursday, June 29, 2006
4 pm to 7 pm
Joint Hearing Room
90 State Circle
Annapolis, MD 21401

Thursday, July 20, 2006
4 pm to 7 pm
Winchester Hall
1st Floor Hearing Room
12 East Church Street
Frederick, MD 21701

Tuesday, July 25, 2006
4 pm to 7 pm
Beth El Congregation
8101 Park Heights Ave
Baltimore, MD 21208

This is an opportunity to be heard. All concerned Maryland homeowners should make their views known to this Task Force.

ABOUT THE MARYLAND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPEMENT TASK FORCE ON COMMON OWNERSHIP COMMUNITIES

Senate Bill 229 entitled, "Task Force on Common Ownership Communities" mandated that a task force be created.

The task force is charged with studying:

1) The education and training needs of common ownership community boards and new and
prospective owners of homes and dwelling units in common ownership communities;

2) Alternative dispute resolution services for common ownership communities;

3) The desirability of adopting provisions of the Uniform Common Interest Ownership Act of 1994;

4) Issues facing aging common ownership communities;

5) Issues relating to the collection of assessments.

6) Issues related to the resale by owners of homes located in common ownership communities.

Posted by Joe at 10:02 AM | Permalink

It's no coincidence that Bob Meisner is known as the condo king in legal and development circles in Michigan. That's the specialty that the West Bloomfield attorney chose not long after graduating from the University of Michigan Law School in 1969.

"My dad and uncle were lawyers, and I knew enough to know that it was probably smart for me to get involved in a specialty of some sort," said Meisner, whose boutique law firm in Bingham Farms specializes in community association law, commercial litigation and real estate and business law.

During his first job after law school, at the Court of Appeals in Lansing, Meisner carpooled with another lawyer friend who worked for the condominium section of the Department of Commerce. Meisner returned to Detroit a while later and sought out opportunities to get involved in the legal end of condominium life.

Now, after decades of representing condo and community associations, writing columns for The Detroit News and the Observer & Eccentric newspapers and teaching at several area law schools, Meisner has added the role of author to his list of credentials. His book, "Condo Living: A Survival Guide to Buying, Owning and Selling a Condominium," was published by Momentum Books late last year.

Condo dwellers "needed a manual of some sort," Meisner explained. "People buying condos need to understand what they're getting into."

The book is divided into issues to think about when buying or selling a condominium, the workings of the condo association and "Meisner's Maxims" on condo living, assertions like "Even when it's too hot in the kitchen, certain board members won't get out."

"I recommend that [condo dwellers] get involved in running the association because the condo association has an awful lot of power and effect on how you live," Meisner said.

Of course, he doesn't quite follow his own advice. Himself a condo owner -- Meisner lives in one now in West Bloomfield and owns three others around the country -- he insisted that "I try to stay out of my own association's business."

The book is available through Meisner & Associates, (800) 470-4433 or on the firm's Web site, www.meisner-law.com.

Posted by Joe at 10:49 AM | Permalink

This week's New Jersey Legal Update is presented by Christopher Florio, Co-Chair of the Firm's Community Associations Group. This week's update discusses the New Jersey Appellate Division's ruling in Micheve v. Wyndham Place at Freehold Condominium Association. In Micheve, the Court struck down the practice of associations raising monies through capital contributions paid by the seller at closing.

Posted by Joe at 5:54 PM | Permalink