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MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS /by Katzman Chaldler / July 23rd

MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS /by Katzman Chaldler / July 23rd

  • Posted: Jul 20, 2020
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MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS

WEBINAR Florida Register

MAINTAINING ORDER: A DISCUSSION ON RULES & REGULATIONS, GOVERNING DOCUMENTS AND FINING IN COMMUNITY ASSOCIATIONS by Katzman Chandler Date: Thursday, July 23, 2020 Time: 12:00 pm – 2:00 pm Location: Online Event via, Zoom What are community association covenants and restrictions? What rules and regulations? How are they adopted and enforced? This course provides answers to these questions, as well as a primer on association governing documents, their order of priority and enforceability, and includes a review of fines and fining procedures. REGISTER NOW

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FREE WEBINAR: Cash Flow in Your Community Association by Mitch Dirmmer of Axela / July 22, 2020 @2:30pm

FREE WEBINAR: Cash Flow in Your Community Association by Mitch Dirmmer of Axela / July 22, 2020 @2:30pm

  • Posted: Jul 20, 2020
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FREE WEBINAR: Cash Flow in Your Community Association by Mitch Drimmer of Axela

WEBINAR Florida Register Now

Cash Flow in Your Community Association by Alexa and Guests: Alan Seilhammer, Zed LaCour, and Mitchell Drimmer President, Axela Technologies July 22 @ 2:30 pm – 3:30 pm EDT Register Here If you live in a Condo or HOA, every year the Board of Directors is required to create a budget that will cover all the anticipated expenses (and hopefully they will also fund your reserve budget). If everything goes to plan then your community association is running like a Swiss Watch. If you plan well and accurately, your budget will perform as it should. Yet, as Mike Tyson once said, “Everybody has a plan until they get hit.” Even with the best budgets community associations will be greeted with surprises. Some of these surprises can be natural disasters, significant failures of expensive mechanical installations, an economic downturn resulting in delinquencies, and a host of many other events that are unknown and unpredictable. This Webinar with a Community Association Manager, Banker, and Collections Expert will address what happens and what can be done when a community association finds itself behind from a cash flow perspective. We will discuss how community associations can control and maintain a consistent cash flow.

 

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Before you sign that Contract / Eric Glazer: 9:00 am – 9:45 am / July 22, 2020

Before you sign that Contract / Eric Glazer: 9:00 am – 9:45 am / July 22, 2020

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Before you sign that Contract / Eric Glazer: 9:00 am – 9:45 am / July 22, 2020

WEBINAR Florida Register

Take 4 different classes on the same day all from the comfort of home! July 22, 2020 Eric Glazer: 9:00 am – 9:45 am Before you sign that Contract To register click here. Like always……IT’S FREE. Let’s make the best of the cards we were dealt, and learn together on-line. In the mean time, our firm and all of the sponsors of the Condo Craze and HOAs radio show wish all of you and your families nothing but good health and good spirits. Hoping to see you (on my computer). Sincerely, Eric Glazer

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Behind The Scenes Of Your Commercial Roof Anatomy with emergency roof repair. by PSI Roofing

Behind The Scenes Of Your Commercial Roof Anatomy with emergency roof repair. by PSI Roofing

  • Posted: Jul 20, 2020
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Behind The Scenes Of Your Commercial Roof Anatomy with emergency roof repair.

by PSI Roofing

We are in the Rainy Season in Florida, Water is not your Roofs Friend!

If your commercial property sustains enough damage in a short enough time to cause you to consider shuttering the doors, you have an emergency repair. This could mean:

  • Storm damage
  • A dangerous water leak
  • A problem that puts expensive inventory and equipment at risk

Bear in mind that an emergency roof repair may not be a finished job. Tarping and other temporary measures can stave off further damage. Your local commercial roofer will return with a full crew at a later date to complete a thorough repair. This could mean two invoices, or it could open an insurance claim that stretches across weeks.

If you knew about a problem last week and chose not to call for help, you already know the problem is not an emergency. And yet, are you a roofing expert? That small leak may be the first sign of more extensive failure, which brings us to our second idea.

Checklist

Some factors making a roof repair an emergency, other than seeing intense damage in a short time, include:

  • Widespread damage, as from winds or heavy rain
  • A high volume of water infiltration
  • Multiple leaks
  • Sudden appearance of mold or smell of mildew

If In Doubt

If you are unsure a roof problem is an emergency or just a routine repair, call your contractor. Let your roofer make the decision. That small leak that is only dampening insulation under the single-ply membrane could develop into widespread mold. It could rot wooden roof deck members. It could find its way inside the building envelope and drip on inventory or office equipment.

 

 

Once you know a bit about commercial roof anatomy, you will realize you cannot wait when your flat roof “patient” is flatlining. You need to dispatch a commercial roofing partner to your roof, stat. 

Commercial Roof Anatomy

No two low-slope (flat) commercial roofs are exactly identical. Their surfaces can be finished in several ways:

  • Modified Bitumen (Mod-Bit) and Built-Up Roofing (BUR) — A tried-and true multi-ply system with granulated finishes applied hot or cold
  • TPO — Rubber laminated systems
  • PVC — PVC scrim systems
  • Liquid-applied membrane and coatings — Acrylic, urethane, silicone

Three other types of commercial roofing are available for steep-slope roofs:

  • Shingles
  • Metal Roofs, including flat seam and standing seam
  • Tiles

Basic roof structures are similar, and the vast majority of Florida commercial roofs are low-slope. Setting aside the steep-slope options, if we start at the top and dig down, we usually find:

  • The exposed roofing surface (one of the materials mentioned above)
  • Insulation (usually rigid sheets specially shaped to give the pitch)
  • Vapor Barrier (prevents moisture moving into and out of the building envelope)
  • Underlayment (additional waterproofing)
  • Roof Deck (steel, wood, concrete, plywood, oriented-strand board)
  • Steel or Wood Joists

Every layer represents centuries of trial-and-error improvements in building low-slope roofs.

Today we can install roofs that take Florida’s punishing weather, save energy costs, and last for decades with proper, professional maintenance.

Exposed Roofing Surface

The wide array of choices in surfacing your commercial roof makes close communication with your roofer essential. Your decision on a replacement roof depends on a lot of factors your roofer can explain:

  • Age of your existing roof
  • Ease of access
  • Available budget
  • Expected life span of the replacement
  • Scheduling
  • Noise and odor concerns

The best time to begin contemplating a reroof is long before your roof needs replacement. Enlist your commercial roofer for routine maintenance so the crews become familiar with your commercial roof anatomy. When you need to pick between TPO, BUR, or PVC, you can make the decision quickly and economically.

Every material has its pros and cons. Mod-Bit and BUR are among the oldest and least expensive but typically call for more roof maintenance and upkeep than TPO and PVC. PVC is a tough, long-lasting material that may be pricier than other choices at installation.

Liquid waterproofing coatings can extend the life of most roofs, but the coatings need to be compatible with the existing surface.

Your best advisor on a roofing surface — the skin of your commercial roof anatomy — is your local roofer.

Insulation

Large sheets of rigid board insulation form the layer that helps determine your roof’s slope and energy efficiency. Roof decks are built completely flat, but the shaped insulation provides adequate drainage to internal drains and parapet scuppers.

With deteriorating insulation, you will be ponding, slow drainage, and water infiltration.

Your commercial roofer specializes in dealing with this layer of commercial roof anatomy and can correct any compression or ponding issues before reroofing with the surface layer.

Vapor Barrier

As the American Institute of Architects (AIA) explains, most vapor barriers on commercial buildings are Class 1 vapor retarders. Vapor retarders slow the movement of both air and moisture into and out of your building.

This special layer of commercial roof anatomy saves money on energy costs, keeps the interior comfortable, and slows the rusting of steel joists and decking.

Underlayment

Underlayment can be synthetic or organic, but its main purpose is to inhibit moisture from reaching the roof deck. It is usually rolled out and can be either self-adhered chemically or physically attached with fasteners.

Roof Deck

Without the roof deck spanning the open spaces over the joists of your building, no roof could exist. A substantial, solid and structurally sound roof deck is essential. This layer of commercial roof anatomy forms the foundation for all the sheet and rolled goods applied atop it. It can be corrugated steel plates, poured concrete, wood timbers, plywood, or oriented-strand board (OSB).

If rust or rot infects your roof deck, you need your commercial roofer’s help immediately. Florida’s strong winds and heavy rains will punch holes right through a weak roof deck.

Steel or Wood Joists

Spanning the walls of your commercial building are the steel joists or, in some cases, wood beams or joists that hold up the roof and keep walls secure. Hurricane codes call for strong ties between walls and roofs, and those ties focus on these joists. Think of these joists as the skeleton holding your building together. Let your commercial roofer help you become familiar with your building’s commercial roof anatomy. Routine maintenance and roof repairs will pay off with cost-efficient, fast reroofing when the time is right. Neglecting a commercial roof could cost you your business. We have the prescription. Contact us at PSI Roofing today to keep your flat roof in good health.

 

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How Managing Properties Will Change After the COVID-19 Lockdown.  By Concierge Plus

How Managing Properties Will Change After the COVID-19 Lockdown. By Concierge Plus

  • Posted: Jul 20, 2020
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How Managing Properties Will Change After the COVID-19 Lockdown

COVID-19 has reshaped the way that we approach many aspects of our lives, and in many cases, has redetermined how we view and manage our spaces, homes and properties. Given the increased attention to how a virus can spread through contact and surfaces, in the reopening process real estate professionals and property managers will have to determine how to ensure that properties are safe so that the virus cannot be easily spread. Below, we’ll discuss how managing properties will change after lockdown ends and we all begin to assimilate to a new sense of normalcy.

Regular Cleanings and Inspections

According to the CDC, guidelines for cleaning public spaces, schools, and businesses will drastically improve in the wake of COVID-19. For property managers, a proper supply of EPA approved disinfectants will be essential in combination with regular soap and water cleaning measures. All surfaces must be disinfected more regularly, as will smaller surfaces that people touch such as elevator buttons and keypads. Furthermore, property managers will have to make their cleaning procedures transparent to everyone who accesses the property, there will be demand from residents to know which measures are being put in place to protect them. Inspections will also increase to keep everyone accountable as the hysteria around the virus declines with time.

Socially Distanced or Remote Showings

For property managers with vacant units, they’ll still look to show the units through socially distanced as well as in-person showings. However, there will likely be instances where potential residents aren’t comfortable traveling to the new space, so remote showings, and virtual question and answer sessions can become more valuable than ever. There are many online platforms that can help property managers with remote showings as well as to streamline their communications with current residents.

Updated Eviction Policies

At present, the government has encouraged property managers to halt evictions as many Americans struggle both with their health and their finances. Thus, property managers will likely alter eviction policies going into the future to allow for emergency aid and consider how to provide relief with late fees on rent.

Increased Role of Technology

Technology has become of the utmost importance for realtors and property managers during COVID-19. As previously mentioned, it’s essential to become comfortable with navigating an online platform for showing and tours, as many potential residents will feel uncomfortable being in a space with others.

Mastery of an online platform will also aid in communication between residents and the manager, and workflows that help route requests to the right person on the team will help the manager navigate the increased number of concerns during this period. Discussion forums can also be leveraged to ensure the residents continue to have a sense of community as well as reach out about concerns with each other.

COVID-19 is going to change policy in every way, shape, and form, but that doesn’t mean the property managers should have to struggle. Through increased sanitation and disinfecting programs, updated eviction policies, and proper proactive use of technology, the role of a property manager will continue to evolve through the end of the lockdown and into the future.

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Essential Hurricane Preparedness Guidebook for Florida Community Associations by KatzmanChandler

Essential Hurricane Preparedness Guidebook for Florida Community Associations by KatzmanChandler

  • Posted: Jul 16, 2020
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Essential Hurricane Preparedness Guidebook for Florida Community Associations

by KatzmanChandler

Anticipating an active 2020 Atlantic hurricane season, the Florida Community Association Law Firm of Katzman Chandler today released its annual “Hurricane Preparedness and Recovery Guide for Community Associations” to help Florida communities protect their properties and safeguard community residents during what experts say will be a significantly more active storm season.

The Hurricane Preparedness and Recovery Guide for Community Associations entitled, “READY… SET… RECOVER” is immediately available for download online at the Katzman Chandler website (www.KatzmanChandler.com). Community Association Coalition Leaders throughout the State may also request and obtain printed copies of “READY… SET… RECOVER” for distribution to their member Community Associations by contacting info@KatzmanChandler.com or by calling Toll Free 800-987-6518.

The National Oceanic and Atmospheric Administration, (NOAA) on May 22, 2020 announced its prediction of an above-average hurricane season with 13 to 19 named storms and 6 to 10 hurricanes – with 3 to 6 classified as “major” (Category 3, 4 or 5) hurricanes, with winds of 111 mph or greater. In 2005, the most active storm season in recorded history saw a total of 28 named storms, including 15 hurricanes – 7 classified as “major,” including hurricanes Katrina and Wilma, which caused extensive property destruction and devastation to the livelihoods of millions of Floridians. While a typical hurricane by itself is a formidable adversary, navigating both pre and post hurricane conditions during the COVID-19 pandemic may prove to be exponentially more complicated – making early and complete preparation more important than ever.

“Because insurance companies are in the money-making business and accordingly, are financially motivated to deny or underpay claims, it is vitally important that volunteer Boards obtain legal advice when both purchasing their coverage and filing claims,” said Leigh C. Katzman, Esq., Founding Partner, Katzman Chandler. “The days of trying to successfully go it alone against insurance giants and a system designed to underpay policy holders are truly over. The Florida Legislature in 2011 shortened the time frame to file a claim, supplemental claim or reopened claim from 5 years to 3 years making it even more crucial that boards be prepared to act quickly and decisively when disaster strikes.”

“READY… SET… RECOVER, specifically assists Community Associations and their Management professionals to identify areas of concern, and to properly and fully prepare before a disaster strikes,” said Mary Ann Chandler, Esq., Managing Partner, Katzman Chandler.

 

The Katzman Chandler Hurricane Preparedness and Recovery Guide for Community Associations is arranged into four (4) main sections for ease of use:

  • The first section, “An Ounce of Prevention…” addresses routine planning and preparedness measures that are recommended to be undertaken before, or at the latest, in the early weeks of Hurricane Season.
  • The second section, “The Calm Before the Storm…” addresses actions to be taken when a Tropical Storm, Hurricane Watch or Hurricane Warning is issued for your area.
  • The third section, “Triage and the Initial Road to Recovery…” addresses the immediate and continuing actions to be taken to repair and rebuild your Community in the aftermath of a storm.
  • The fourth and final section, “It’s Your Insurer’s Turn to Write the Check…” describes the insurance claim and recovery process.

 

 

Katzman Chandler is a Full Service Florida Law Firm devoted to all aspects of Community Association representation. We are truly “Committed to Community” and evidence this commitment each day through Passion, Experience and Technology. Our Passion is clear in our dedication to identifying unique solutions to issues and concerns affecting our Clients. Our Experience is evident in our ability to utilize our skills and knowledge to provide our Clients with the highest quality work product and out-of-the-box strategies in the most cost-efficient manner. However, our Passion and Experience come together in our unique use and leveraging of Technology. Our utilization of Technology allows us to provide our clients with state-of-the-art features and programs that complement superior legal representation, and are second to none.

Regardless of the size of your community, Katzman Chandler is dedicated to meeting your needs, achieving your goals and exceeding your expectations. Our services include General Corporate Representation, Delinquent Account Collection, Litigation, Covenant Enforcement, Document Amendment/Rewrite, Property Insurance Damage Claim Recovery, and Construction Defect Representation. Katzman Chandler can be reached by calling Toll Free 800-987-6518 or via email at info@KatzmanChandler.com. Information about the Law Firm can be requested through their website which can be found at www.KatzmanChandler.com.

 

“If there is a single downside to living under the Florida sun, it is the risk of a significant storm impacting our homes and way of life.”

However, in times of need, members of the Katzman Chandler family of clients can rest assured that their interests are represented by some of the best attorneys in the industry.

“READY… SET… RECOVER” is immediately available for download online at the Katzman Chandler website by clicking here.

by Leigh Katzman, ESQ., Katzman Chandler

 

 

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Lake Management and Hurricane Season, by AllState Resource Management

Lake Management and Hurricane Season, by AllState Resource Management

  • Posted: Jul 16, 2020
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Lake Management and Hurricane Season

by AllState Resource Management

Many South Florida homeowners are not aware of the critical role their community lakes play in managing stormwater and mitigating local area flooding. With the start of this year’s hurricane season around the corner, now is the time to make sure that our lakes and waterways are ready to deal with whatever nature throws at us. The problem of flooding is a real issue here because our homes are built on relatively flat, low-lying ground. The thin layer of soil under our feet can become saturated quickly, and sits on a cap of coral rock that only allows for a slow flow of water down to the aquifers below. This, combined with the possibility of large amounts of precipitation in short periods of time creates conditions for major flooding in our urban areas.
When developers create residential communities and commercial areas, they need to take into account how much water needs to be stored or moved in order to prevent the project from flooding during major rain events. Through careful planning and design, they route stormwater away from our homes and into a system of lakes and canals. The size and number of lakes in our communities are a result of those calculations. Lakes are dug to create a storage area for water runoff from storms. The fill dug from the lakes is then used to raise the elevation of the homes around them.
Using a system of drains and pipes the water is directed from the developed areas down into the lakes. Some community lakes use weirs or culverts to connect them to the municipal canal system. This allows them to move excess water off the property once they reach a certain level. The system works well but requires regular maintenance in order to ensure that it works properly when needed. Scheduled inspections of storm drains and weirs is important to keep the water moving off our streets and properties efficiently.
These structures accumulate silt and debris, and will occasionally need to be cleaned out. The lakes themselves also need to be regularly inspected and maintained
Even though they are primarily man-made storm water basins, they do evolve and become living ecosystems like naturally occurring waterbodies. Aquatic vegetation begins to grow in all lakes eventually, and much like our lawns, require regular attention in order to avoid become overgrown. Exotic species such as hydrilla, hygrophila, and rotala grow quickly and can spread throughout acres of lake in a matter of months or less. Such infestations are not only unsightly, but all those weeds are filling up the lake and taking up space meant to hold stormwater runoff.
Floating weeds such as water lettuce and water hyacinth can rapidly cover a lake surface, clogging and even damaging weirs and other outflows. Excessive growth of vegetation near culverts and drain pipes can slow the flow of stormwater both into and out of the lake, causing backups of the system. The longer these plants are left to grow unmanaged, the harder the problem is to get under control and the longer it will take. Large scale infestations need to be treated in stages with regulated wait times between treatments. This is done in order to not deplete the dissolved oxygen in the whole lake. The other problem with established infestations is that the plants have had time to mature and grow extensive roots systems. These root systems allow the plants to re-grow quickly after initial treatments and quite frequently require multiple follow up treatments to bring under control. Even once treated, the herbicides take time to work and the plants take time to decompose and settle to the bottom. Unfortunately, tropical storm events do not wait until conditions are best suited to deal with the results.
The best way to make sure your community is protected is to be proactive and maintain your system regularly. Regular scheduled maintenance ensures that aquatic vegetation is kept at levels that don’t compromise your stormwater system and can potentially avoid costly repairs to its components.
Hurricane season corresponds with the time of year when these plants grow and spread the fastest due to the long, sunny days. We have learned that being prepared for hurricane season means taking precautions before the storm arrives. That wisdom should also definitely apply to
our first line of defense against flood damage in our communities.
Thank You to Colleen Sullivan for this Article.
Author: Stephen Montgomery / Senior Biologist
Allstate Resource Management   Members of SFPMA
– Over 25 years of experience in maintaining the health of lakes, ponds, wetlands, and stormwater systems. We have continued since our inception to be the leader in resource management. Our services include lake management, wetland management, stormwater inspections and maintenance, erosion control, fish stocking, native plantings, debris removal, water quality, aquatic pest control, and upland management.
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Owner’s Guide to 40-Year Recertification by Eric Glazer, Sinisa Kolar and DSS Condo FREE WEBINAR

Owner’s Guide to 40-Year Recertification by Eric Glazer, Sinisa Kolar and DSS Condo FREE WEBINAR

  • Posted: Jul 14, 2020
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Owner’s Guide to 40-Year Recertification by Eric Glazer, Sinisa Kolar and DSS Condo

FREE WEBINAR TONIGHT  JULY 14, 2020 @7pm – 8pm

Register Today

Jul 14, 2020 07:00 PM

Register Today

Did you know that all high-rise condominiums are required to have a 40-Year Recertification? In our 90-minute webinar, DSS Condo and industry experts will walk you through the process, explain the requirements, and provide you with the insight to successfully complete the required 40-Year Recertification for your building. Sign up today to secure your spot!

 

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WAIT – IT GETS WORSE  By Eric Glazer, Esq.  Published July 13, 2020

WAIT – IT GETS WORSE By Eric Glazer, Esq. Published July 13, 2020

  • Posted: Jul 13, 2020
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WAIT – IT GETS WORSE

By Eric Glazer, Esq.

I recently explained how lucky the banks are when they foreclose on a unit or a home and take back ownership.  The law protects them, and despite how much the unpaid condo or HOA assessments are, the bank is only responsible for the lesser of one year of assessments or 1% of the mortgage.  Many of you are outraged over that and I’m with you.

The association always hopes that a 3rd party buys the property at the bank’s foreclosure sale instead of the foreclosing bank, because under the law, a 3rd party, unlike the bank, would owe all past due assessments to the association.

But even though the law requires some payments to the association, your condo or HOA may get zero because of a terrible provision that may be looming in your governing documents.  Despite the fact that the law requires banks to pay the lesser of one year of assessments or 1% of the mortgage, and requires a 3rd party purchaser to pay all past due assessments, many of you have provisions in your governing documents that say the banks owe nothing when they take back ownership of a home or unit after a foreclosure and that a 3rd party purchaser owes nothing if they buy the property at a foreclosure sale.  That’s right, not a penny is owed to the association.  You are wiped out.

So what controls, the law or your governing documents?  In May Florida’s Third District Court of Appeal ruled in Old Cutler Lakes by the Bay Community Association v. SRP SUB .  A third party purchaser took title to a unit within the community via a bank mortgage foreclosure auction.

The governing documents contained the following provision: “The sale or transfer of any Lot pursuant to the foreclosure or any proceeding in lieu thereof of a first mortgage meeting the above qualifications, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer.”

The Third DCA concluded that the 3rd part purchaser at the sale is not liable for any of the past-due assessments, attorney’s fees and/or costs that accrued prior to its acquiring title.

So what do you do now?  Check your governing documents.  Make sure they don’t contain a similar provision.  If they do, you certainly want to talk you’re your attorney about amending them properly so you at least get the crumbs owed to the association when a bank forecloses.

 

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We Mourn the Loss of Our Dear Colleague and Founding Shareholder Alan Becker (1946 – 2020)

We Mourn the Loss of Our Dear Colleague and Founding Shareholder Alan Becker (1946 – 2020)

  • Posted: Jul 13, 2020
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In Memoriam – Alan S. Becker (1946-2020) | 07.05.2020

Alan S. Becker, 1946-2020, passed away at the age of 74 on July 4, 2020. He was a beloved son, husband, father, grandfather, and friend. Mr. Becker grew up in Brooklyn, where his parents Jack and Lorraine Becker met and were married. He spent his spent summers with his late brother Martin at Sun Mountain overnight camp. He entered Brooklyn College at the age of 16 and then went on to graduate from the University of Miami School of Law, receiving the highest grade on the Bar Exam in 1969.

Read the beautiful Tribute on Beckers Website!  – He will be missed by many and remembered always.

 

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