Take It To The Board with Donna DiMaggio Berger

Send us a textLife in community associations can feel like a pressure cooker—board members navigating tough calls, homeowners facing surprise assessments, and industry professionals managing nonstop demands. The common thread? Stress. In this week's Take It To The Board podcast, host Donna DiMaggio Berger welcomes Dr. Tai Johnson, a specialist in acupuncture and traditional Chinese medicine, for a fascinating conversation on how holistic practices—and understanding your body's meridians—can help ease the pressure for everyone.Donna and Dr. Johnson expertly break down the concept of "chi" – the vital energy that flows through our bodies – and explain how blockages created by stressors can be relieved through strategic needle placement. Dr. Johnson reveals how acupuncture shifts us from the sympathetic "fight-or-flight" state (where most of us constantly operate) to the parasympathetic "rest-and-digest" mode where healing can occur. This transition proves particularly valuable for those navigating the complex interpersonal dynamics of community governance.Beyond the needles, the conversation offers practical self-care techniques anyone can implement immediately. Learn about tongue diagnosis (what Dr. Johnson calls a "Chinese MRI"), the significance of ear massage, and how different body pains might reflect specific emotional patterns – lower back pain often signaling feelings of being unsupported-perfect for understanding board-related stress. Dr. Johnson also shares insights from her nonprofit work providing community acupuncture for veterans with PTSD, demonstrating the accessibility of this healing modality.While the tensions of community association living aren't disappearing anytime soon, this episode provides valuable tools to approach them with greater balance and resilience. Whether you're curious about Eastern medicine or desperately seeking stress relief, you'll walk away with practical techniques to incorporate into your busy life. Ready to rethink your approach to wellness? Your meridians might thank you. Conversation Highlights:Common misconceptions about acupunctureThe effect of acupuncture on the nervous systemSpecific acupuncture points effective for reducing stress and anxietyBenefits of acupuncture for sleep quality and mental clarity in leadership rolesAlternative traditional Chinese medicine techniques for stress relief (e.g., cupping, herbal remedies, acupressure)The role of meditation and breathwork in complementing acupuncture for stress managementQuick and actionable stress-relief techniques for those without time for regular sessionsSimple self-applied acupressure points for use during stressful moments like HOA meetings or negotiationsTips on choosing the right acupuncture practitioner for stress relief Related Links:Podcast: Radical Self-Care Can Change the World with Shelly Tygielski, Founder of Pandemic LovePodcast: The Mental Health Challenge with Chris Ayoub, President, RealManage

Send us a textIn this special 100th episode of Take It To The Board, we're excited to welcome back our very first guest, James Donnelly. When host Donna DiMaggio Berger first sat down with James in 2021, he was leading Castle Group, one of Florida's largest community association management firms. Now, they reunite to reflect on the extraordinary journey James has taken since selling the company. Together, they explore the motivations behind his decision, the carefully crafted four-year succession plan that ensured Castle's continued success, and the passion projects that are now shaping his next chapter.Throughout the episode, James and Donna dive deep into the realities of the acquisition process, offering insights that business owners and industry leaders alike will find invaluable. They discuss the advantages of planning a sale from a position of strength and the importance of developing a leadership team that can thrive independently. Their conversation also examines how the association management industry has evolved—especially in response to the challenges posed by COVID-19 and the Surfside tragedy.Despite growing consolidation in the industry, James and Donna share an optimistic outlook on opportunities for entrepreneurs. They note that no single company has captured more than a small share of the market, leaving ample room for innovation and growth. They also discuss James's investment in the future of the field through the James Donnelly Property Management program at Nova Southeastern University, a “farm system” designed to cultivate new talent.The episode concludes with a meaningful discussion about the personal values that guide James's life—stretch, smile, live, and give—a daily mantra that he uses to balance his ongoing industry involvement, philanthropy, and upcoming book on life principles. With warmth, insight, and mutual admiration, James and Donna deliver a compelling conversation that celebrates past accomplishments while looking forward to the future, making this milestone episode both thought-provoking and deeply inspiring.Conversation Highlights:The increasing complexity of the community association industry in the wake of COVID-19, the Surfside tragedy, and new legislationKey challenges and growth opportunities facing the industry todayThe most unexpected part of Castle Group's sale processJames's practical advice for business owners thinking about sellingInsights for leaders weighing whether to remain active or begin stepping backThe passion projects and new ventures James is currently pursuing Related Links:Podcast: Royal Service with James Donnelly, Founder & CEO, Castle Group

Send us a textHave you ever stopped to think about what's really coming out of your faucets? This week on Take It To The Board, host Donna DiMaggio Berger sits down with Ed Padula of Quality Water Consultants to uncover the hidden truths about the water we drink, cook with, and bathe in every day. You might be surprised by what's flowing through your community's pipes and what is contributing to the inevitable water leaks in multifamily buildings.Donna and Ed's conversation reveals how municipal water treatment has changed dramatically over the years, with many cities switching from chlorine to chloramines—a combination that addresses one health concern but creates new problems with corrosion, water color, and infrastructure damage. As they explain, what municipalities consider "safe" water often still contains chemicals that affect both human health and building systems.The distinction between water softening and purification emerges as a critical misunderstanding for many associations. While softening removes calcium and magnesium to prevent spotting and extend appliance life, it doesn't address chemical contaminants or color issues. Perhaps most alarming is how water quality accelerates the deterioration of aging pipes in multifamily buildings. The corrosiveness of chloramines causes pipes to deteriorate faster, leading to more frequent leaks and eventually requiring expensive re-piping projects. Simultaneously, deteriorating pipes leach contaminants back into water, creating a vicious cycle.Ready to take a deep dive into what's flowing through your community's pipes? Listen now and, hopefully,  start a much needed conversation for your board.Conversation Highlights Include:Why community associations should prioritize water quality—even if no issues have been reportedWater purification considerations for multifamily buildingsCommon—and often overlooked—water quality issues in condos, HOAs, and co-opsThe impact of aging pipes, boilers, and water systems on water quality in older buildingsHow water quality affects the lifespan of plumbing and piping systemsThe link between water quality and leaksUnderstanding the difference between filtration systems and softener systemsRoutine testing and inspections community associations should conductThe connection between poor water quality and health risksEarly warning signs of deteriorating water qualityWhat a community's emergency plan should include in the event of water contaminationRelated Links:Online Class: Anatomy of a Water Leak

Send us a textDocumenting the condition of your association property has become crucial to comply with new legal requirements as well as to maximize your insurance claims post casualty.  Transparency, accessibility, and digital organization also play the critical role of helping to protect resident safety.Digital documentation pioneer Trish Mackie-Smith joins host Donna DiMaggio-Berger for this episode of Take It To The Board to discuss how technological solutions are revolutionizing the way associations store and access their most important maintenance and repair records. After witnessing buyers making uninformed decisions due to lack of transparency, Trish co-founded Inndox to create a comprehensive digital repository that tracks building maintenance, warranties, and safety inspections throughout a building's lifecycle.Donna and Trish explore why independent document storage creates essential continuity for associations and assists management companies when they onboard new clients. This independent storage portal helps associations maintain compliance with increasingly strict legislative requirements while ensuring critical information isn't lost during transitions.Beyond simple document storage, Donna and Trish explore how modern systems can alert boards to upcoming inspection deadlines, insurance renewals, and warranty expirations—transforming static paperwork into dynamic tools for proactive management. Perhaps most fascinating is the emergence of structural monitoring technologies that use accelerometers to detect building movement, potentially preventing tragedies like Champlain Towers by identifying structural issues before they become catastrophic.Whether you're a board member struggling with disorganized records, an association manager seeking better technology, or an owner concerned about building safety, this episode offers practical guidance for bringing your association's documentation into the digital age. The message is clear: well-maintained digital records aren't just good governance—they're essential to protecting lives and property values.Conversation Highlights Include:• The many benefits of converting paper records to digital formats • How digital document repositories can help prove maintenance history to local Code Enforcement and support insurance claims post casualty• The importance of maintaining organized records to comply with increasingly strict legislative requirements• New technologies including structural monitoring systems that can detect building movement before failures occur• Practical implementation strategies including forming "scanning committees" to digitize historical documents• How proper documentation can strengthen a building's value and potentially reduce insurance premiums• Key documents that every condo or HOA should maintain digitally• How to address concerns from board members or managers who may not be tech-savvyRelated Links:Article: New Requirements for Condominium Association on Inspections of Official RecordsOnline Class: Record Keeping for Associations

Send us a textCondominiums and HOAs may dominate Florida's shared ownership landscape, but cooperative associations offer a fascinating alternative with their own distinct legal framework and operational quirks. This week, Board-certified community association attorney and Becker shareholder David Rogel joins Take It To The Board host Donna DiMaggio Berger to unravel the mysteries of this older form of shared ownership that continues to house Floridians in everything from high-rises to single-family homes. At its core, understanding cooperatives requires grasping their fundamental difference from condominiums: in co-ops, the association owns the entire property, while residents own shares in the corporation with exclusive use rights to their units. This structure creates unique dynamics in financing, governance, and property transactions that directly impact property values and owner rights. Donna and David navigate the evolution of cooperative law, explaining how these communities—many established in the 1950s and 1960s—operate under bylaws and articles of incorporation rather than declarations. They dispel common misconceptions, including the notion that Florida cooperative boards have unlimited discretion to reject potential buyers, a practice more commonly associated with New York City co-ops. For those curious about conversion options, Donna and David outline the process of transforming a cooperative into a condominium, a trend gaining momentum as owners seek to increase property values despite the potential for higher property taxes. They also address the unique challenges of cooperative terminations, which lack the statutory framework available to condominiums. Whether you're a cooperative resident wondering about your property rights, a board member navigating governance questions, or simply curious about alternative forms of community living, this episode provides valuable insights into a housing model that has served Floridians for generations and continues to evolve alongside its more prevalent condominium counterpart.Conversation Highlights Include:Typical governing documents for a cooperativeDifferent types of housing that can be used for a cooperative (e.g., vertical construction, mobile home, single-family homes)Legal implications of being a shareholder vs. unit ownerBiggest misconceptions about co-opsCooperatives and cash-only salesWhy developers stopped using the cooperative form of ownership in FloridaProcess of converting cooperatives to a condominium form of ownershipProcedural and Substantive differences in Chapter 718 and Chapter 719 of Florida StatutesRelated Links:Podcast:  Contemplating Condo Terminations with John Cadden of the Condominium Advisory GroupArticle: Legislative Changes Opens the Door to New Options for Resolving ‘Disputes' In Condominium and Cooperative AssociationsOnline Class: Knowledge is Power: Navigating Florida Condo & HOA Laws

Send us a textFlooding is a harsh reality for communities across Florida and the U.S. Rising tides, storm surges, and unpredictable weather have left many searching for solutions beyond sandbags and hope. But what if you could physically lift your home—or even an entire building—out of harm's way?In this episode of Take It To the Board, host Donna DiMaggio Berger sits down with Wayne Fairley, founder and managing director of Planet 3 (P3) Elevation, to explore the groundbreaking work of structural elevation. This innovative flood protection method quite literally raises homes and buildings above flood levels, providing a long-term safeguard against water damage.The process may sound like something out of a sci-fi movie, but it's real—and remarkably effective. Skilled teams tunnel beneath structures, creating a network of passages to access the structural supports. Using hydraulic jacks and strategically placed concrete blocks, they gradually lift entire structures, slab and all, to safer elevations. What's even more surprising? The disruption to homeowners is minimal. Most families only need to leave for about a week during the lifting phase, with no need to move furniture. When they return, their home is exactly as they left it—just several feet higher. For residents of flood-prone areas like Houston's Meyerland, where some have endured multiple remodels after repeat flooding, this solution has been life-changing.Beyond flood protection, elevation restores property values, slashes insurance premiums, and delivers priceless peace of mind. For many, lifting their home isn't just a precaution—it's a necessity. While the cost—typically $200,000–$280,000 for a 2,500-square-foot home—is significant, it often proves more economical than repeated flood repairs. Plus, FEMA grants may help offset expenses.As climate change drives more frequent and severe flooding across the United States, structural elevation offers a possible solution that works with nature rather than against it. Whether you're dealing with coastal storm surges, river overflows, or drainage issues from nearby development, lifting your home might be the most reliable way to rise above the water—literally.Conversation Highlights Include:The ins and outs of the elevation processGrants available to homeowners who want to elevate their homesHeight or weight limitations on the structures Minimum and maximum elevation heightsElevation for multifamily buildingsThe Slab VariablePotential downsides to elevating a structureWhat's next for P3?Related Links:Online Class: Disaster Preparedness & RecoveryArticle: Rising Sea Levels Bring a Wave of Risk — Even in Unexpected LocalesPodcast: Navigating the Negative Impacts of Sea Level Rise with Professor Harold R. Wanless and Dr. Esber Andiroglu

Send us a textHave you ever wondered about the where, why, what and when questions that developers ask themselves before deciding on their new construction projects? Then this episode of Take It To The Board, is for you. Join us as host Donna DiMaggio Berger sits down with Jennifer Bales Drake, a key figure in Becker's real estate practice, to break down the opportunities and obstacles developers face today and how those issues ultimately impact YOUR real estate purchasing options. Very often, purchasers lament certain operational issues in their communities without fully understanding the developer documents which created the complex infrastructure under which they live. If you can get inside a developer's mindset will it help you make better purchase decisions?  Donna and Jennifer's conversation covers these issues as well the future of real estate, with trends like micro-units, mixed-use communities, and affordable housing taking center stage. They also tackle the Structural Integrity Reserve Study and how evolving regulations impact developers and homeowners alike.And for a unique twist—Jennifer shares her passion for the arts as well as for bourbon and her role in the Bourbon Women's Association of Louisville, celebrating the contributions of women in the bourbon industry.Don't miss this engaging episode packed with industry insights—plus a little bourbon wisdom to top it off! Conversation Highlights Include: The biggest challenges developers face in today's marketTrends in mixed-use and innovative development projectsEnvironmental factors influencing maintenance obligationsChanges in building safety and compliance standards, following the Surfside tragedyHow developers are integrating resilience and mitigation measures into projects, given Florida's unique vulnerability to hurricanes and floodingAre developers rethinking construction along the coastline?Current state of Florida's condo market from a developer's perspectiveHow are developers finding ways to address the middle-market condo buyer?How Public-Private Partnership projects are shaping real estate development in FloridaBourbon BONUS:  Which bourbon brand would Jennifer recommend you bring along if you were stranded on a desert island!Related Links:Online Class: Turnover From Developer ControlArticle: Developer Turnover Obligations ExplainedPodcast: Navigating the Negative Impacts of Sea Level Rise with Professor Harold R. Wanless and Dr. Esber Andiroglu

Send us a textLiving in mixed-use communities and condo hotels offers certain conveniences but can also pose unique challenges that require careful consideration. In this episode of Take It To The Board, host Donna DiMaggio Berger teams up with Becker attorney Allison Hertz to explore the dynamics of the mixed use lifestyle, legal implications, financial responsibilities, and the day-to-day realities of living in these types of communities.The growing popularity of condo hotels and mixed-use housing is reshaping the real estate landscape. Whether viewing these developments as investment opportunities or lifestyle choices, understanding their unique characteristics is crucial. Donna and Allison discuss the significance of branding, the dynamic nature of commercial amenities, and the value of these properties in today's real estate market. Managing these properties isn't without its hurdles. The duo delves into the legal frameworks—like ADA compliance—along with tax implications, liability concerns, and the nuances of insurance, maintenance, and financial assessments. They highlight potential pitfalls that can catch even seasoned buyers by surprise. Whether you're considering investing or making one of these properties your home, Donna and Allison's conversation underscores the importance of understanding the complexities behind these highly amenitized communities before taking the plunge.Conversation Highlights Include:Differences between mixed-use community and a traditional condominium or HOAHow shared expenses typically get allocated between residential and commercial components, and common disputes that typically ariseWhat potential buyers or investors should know about assessments and financial obligations in mixed-use propertiesHow reserves work in these communities, especially when commercial and residential interests have different prioritiesUnique insurance challenges for mixed-use communities and condo hotelsHow shared infrastructure (parking, elevators, utilities) can complicate governance and budgeting in these communitiesAdditional laws that impact people who own units in condo hotels BONUS: Find out who is really making the decisions in these types of communities!

Send us a textOur last episode of Take It To The Board involved a discussion with an owner in a luxury high-rise who had become disenchanted with some of the governance issues in his community.  Today's episode takes us further on that path as host Donna DiMaggio Berger sits down with Spencer Hennings, who brings firsthand knowledge as Florida's former Condominium Ombudsman about the types of owner complaints he saw time and again while serving in that role. Appointed by Governor Ron DeSantis in 2020, Spencer served in this critical role until 2023, resolving thousands of condominium disputes, acting as the state's liaison during the Miami-Dade Surfside condo collapse, and helping to draft impactful condominium legislation at both local and state levels.During their conversation, Spencer shares how he transformed the ombudsman's office into a more accessible resource for Floridians and reflects on his crucial involvement during and after the Surfside tragedy. Together, Donna and Spencer explore the potential establishment of a state ombudsman for Homeowners Associations (HOAs), discussing the potential complexities of such a role and the importance of fair and balanced representation.Spencer also addresses the common misconception that the ombudsman's office exclusively advocates for unit owners, emphasizing the critical need for impartiality. The discussion further examines the evolving challenges in community association management, particularly in the wake of disasters, outdated processes, and the increasing trend of condo terminations in vulnerable areas like Florida.As they wrap up, Spencer reflects on the emotional toll of working in the Ombudsman's Office and offers candid advice for those who may follow in his footsteps, leaving listeners with a deeper understanding of the challenges and rewards of this vital oversight role.This episode covers everything from legislative hurdles to the personal journey of navigating public service in Florida's complex association landscape, and is one you don't want to miss!.Conversation Highlights Include:What inspired Spencer to pursue the role of Condominium OmbudsmanThe most common complaints from condo owners Balancing the interests of owners, board members and other stakeholdersCommon misconceptions about the role of the Condominium OmbudsmanSpencer's advice to every condo owner and every board member Do Florida HOAs need their own Ombudsman?

Send us a textEveryone knows that boards and management are the decision makers in community associations—but what's it like to be on the receiving end of those choices?In this week's episode of Take It To The Board, host Donna DiMaggio Berger flips the script with a guest who provides a candid look at life within a condominium association where he believes things are going awry. To protect his privacy and avoid potential backlash, his identity is concealed, and he's referred to as “Bob.” A retired attorney with four decades of executive-level experience in public companies, Bob brings a unique and thought-provoking perspective to the table.Bob shares valuable insights into the importance of due diligence when purchasing property, reflecting on his own missteps and lessons learned. His conversation with Donna highlights the vital role diverse perspectives play in shaping the quality of life within shared ownership communities.The discussion delves into the inner workings of board meetings, with Bob advocating for increased transparency and resident participation. He challenges the rigidity of traditional meeting formats, calling for innovation and decorum to better accommodate the varied demographics in many communities. Special assessments, the impact of meeting formats—virtual vs. in-person—and the balance between accessibility and engagement are all topics explored in depth.From the responsibilities of board members to the rights of residents, Donna and Bob shine a light on the delicate balance between governance and community harmony. They address challenges like navigating strict community rules while maintaining personal freedoms and ensuring communal safety. Bob's anecdotes—ranging from frustrations with hiring contractors to the convenience of maintenance-free living—paint a realistic and balanced picture of today's condo lifestyle.Join Donna and Bob for an enlightening conversation that blends personal stories, legal insights, and practical advice on thriving in shared ownership communities.Conversation Highlights Include:What led to Bob's dissatisfaction with his Condo BoardWays to improve communication channels between the board and the residents Rules or policies that Bob finds unfair or overly restrictive (see if Donna agrees!)Bob's advice to someone considering moving into a community associationWays a board can restore trust and improve relationships with residents

Send us a textThis week's episode of Take It To The Board explores a topic that resonates deeply with many community association boards: the impact rentals have on a community and how to balance an owner's desire to lease out his or her unit with the association's desire to foster a stable and invested resident population, Renters can sometimes feel like outsiders, perceived as being less connected to the community's long-term success but is this perception unfair particularly as it pertains to long-term renters? Host Donna DiMaggio Berger is joined by her partner, David Muller, Vice Chair of Becker's Community Association Practice and an expert in condominium and planned development law. Together, they discuss their experiences dealing with renters and rental issues in their client communities and brainstorm on best practices and solutions in this area.Conversation Highlights Include:Renter vs. owners' rights in Florida community associationsBest practices for renter screeningAmendments for communities who want to discourage leasingRecommended insurance coverage for condominium or cooperative owners who routinely lease out their unitsChallenges related to short-term rentals such as AirbnbRenters in “55 and Over” communitiesSection 8 vouchers

Join host Donna DiMaggio Berger on this week's Take It To The Board podcast as she welcomes Chris Dyer, a motivational speaker, author, and former CEO who's led teams of thousands. Ranked as the #1 leadership speaker on culture by Inc. Magazine, Chris is known for his best-selling books, The Power of Company Culture and Remote Work. Together, Donna and Chris share insights on keeping people motivated, overcoming adversity, and bridging generational gaps in the workplace.Whether you're a management professional, community association vendor, or volunteer board member, this episode uncovers crucial leadership steps that can drive innovation and engagement across any organization. Chris and Donna explore what truly motivates people, revealing why recognition and purpose often outweigh paychecks. They discuss strategies for fostering creativity and risk-taking, even in traditionally conservative fields like law, and highlight the importance of embracing change to create a dynamic workplace culture.Tune in to discover how to overcome resistance to innovation, use open communication to nurture new ideas, and navigate the unique challenges volunteer boards face. From generational differences to the role of AI in workplace communication, this episode is packed with practical tips for building loyalty and cultivating a connected, productive environment—whether you're leading from the boardroom, the Clubhouse or the home office!!Conversation Highlights Include:The “7 Pillars” that can transform an organization's cultureHow corporations can use adversity to growWhat qualities distinguish a great CEO from othersHow different generations can work together to foster a more productive working environmentSkills to effectively manage a remote teamHow AI is changing corporate culture 

The aftermath of the Champlain Towers tragedy has led to a flurry of legislative responses, but are they hitting the mark?  Was the Florida Legislature's response to the Champlain Towers tragedy misguided in terms of overlooking some key factors that led to that deadly collapse and placing some obligations on the parties least able to shoulder them?  Join Take It To The Board host Donna DiMaggio Berger as she unpacks this complex, multi-layered issue affecting countless communities across the Sunshine State who are facing looming and costly deadlines for engineering inspections and reserve funding mandates. Together with her podcast producer, Claude Jennings Jr, they confront the issues that may be causing countless people to reconsider life in a Florida condominium. They delve into the historical context and regulatory challenges, revealing the profound economic and social impacts on individuals, especially seniors on fixed incomes that these new laws are already having.Their conversation also addresses the difference between highly functional, functional and dysfunctional boards and why dysfunctional boards are more than just a nuisance—they're a liability. In this episode, they explore the financial strains and governance challenges that can lead to board dysfunction. With Donna's expertise, they offer insight into identifying red flags and the importance of expert professional advice. From engaging legislators to revising governing documents, this episode promises solutions to foster highly functional boards amidst the ongoing crisis. Tune in for expert advice, actionable strategies, and a path forward for those navigating the murky waters of Florida's condo crisis.Conversation Highlights Include:9 questions to confirm if you're serving on a dysfunctional board!The Media's role in the Condo CrisisWho is most responsible for a safe building?BONUS: Future Predictions 

On this week's episode of Take It To The Board podcast, we're opening the doors—and windows—to a topic that's both timely and critical for community associations both in hurricane season and year-round impact doors and windows. Host Donna DiMaggio Berger and guest Ben Friedman, owner and President of CitiQuiet Windows, explore the ins and outs of impact-resistant windows and doors: what they do, what they cost and how they are important not just as hurricane protection.Donna and Ben debunk common myths, distinguish between impact-resistant and impact-proof materials, and emphasize the importance of replacing all damaged components post-storm. Through real-life scenarios, they share insights into the vulnerabilities of older installations and the critical role certified installers play in maintaining the integrity and performance of impact windows and doors.Conversation Highlights Include:Florida Building Code requirements for hurricane-impact windows and doors Biggest installment hurdles in an owner-occupied buildingLifespan and maintenance for impact windows vs. non-impact windowsMaintenance protocols for windows and sliding doors in high-rise buildingsLong-term savings in insurance premiums and energy billsAvailable wind mitigation creditsAdvancements in impact window technology on the horizon

In the aftermath of Helene's wrath and Milton's threatening approach, this week's episode of Take It To The Board, hosted by Donna DiMaggio Berger, takes us on the emotional journey of community association industry veterans Wayne Srsen and Kelly Kuhn as they share their firsthand experiences with natural disasters and the insurance industry. They also highlight the indispensable roles of first responders and logistics professionals, such as those at Florida Power and Light, who work tirelessly to restore normalcy.The stormy landscape of Florida's insurance industry presents unique challenges. Donna, Wayne, and Kelly navigate the intricacies of working in this environment. From bureaucratic hurdles to the moral dilemmas faced by insurance adjusters, Wayne highlights why integrity and proactive preparation are crucial. They delve into the human side of disaster response, where community involvement can make all the difference. Kelly shares his insights on the importance of networking and how authentic connections can foster mutual support in the professional world, alongside discussing the distinctive strengths women bring to a sales environment. As they journey through the hurdles of project management and board behavior, Donna, Wayne, and Kelly underscore the need for skilled professionals in construction endeavors, especially in older coastal communities. The significance of clear communication, effective leadership, and expert guidance cannot be overstated. The episode wraps with a heartfelt reflection on life's fleeting moments, inspired by personal philosophies and the tranquil solace of the beach. Join us as we celebrate resilience, integrity, and the power of community in overcoming life's challenges.Conversation Highlights:Perception that insurance companies seek to deny or underpay legitimate claims accuratePreparing for catastrophic eventsThe hallmarks of a great salespersonBoard members or managers attempting to serve as the Owners' Representative on large restoration projectsPreventing cost overruns on a projectIncidental damage to a unit during a construction projectPredictions for the community association industry Related Links:Article: Insurers slashed Hurricane Ian payouts far below damage estimates, documents and insiders revealPodcast: Mastering Construction Contracts: Essential Insights with Steve LesserOnline Class: Disaster Preparedness and Recovery

Learn the secrets to help your community thrive on this week's Take It To The Board podcast, as host Donna DiMaggio Berger sits down with Dawn Bauman, Senior Vice President of Government and Public Affairs at the Community Associations Institute (CAI). Dawn is a leading advocate for HOAs, condos, and co-ops across the U.S. and internationally. With nearly 50 public policy initiatives under her leadership—including fair housing, pets, assistance animals, and removing racially restrictive covenants—Dawn has been at the forefront of policy development for community associations.In this episode, Dawn shares her vast expertise with Donna as they dive into the 2025 legislative priorities, including building safety, financial challenges, property rights, environmental sustainability and diversity issues focusing mainly on trailblazing states like Florida and California. Dawn discusses the critical data CAI has gathered on the community association lifestyle and the various resources and initiatives she oversees. They also explore the essential role of developers and realtors in educating potential buyers about community association responsibilities. Emphasizing the power of grassroots advocacy, this episode highlights CAI's efforts to influence public policy and make it more accessible to its members.Lastly, learn about CAI's recent lawsuit to exempt community associations from the impact of the Corporate Transparency Act (CTA) and what that might mean for your board before the Jan. 1, 2025 deadline.  Don't miss this in-depth discussion on the future of community association governance!Conversation Highlights Include:CAI's top legislative priorities this year and how they could impact community associations across the countryHow board members and residents can get involved in supporting legislative effortsHow trends in the areas of governance, technology, and homeowner engagement might shape the future of community livingThe most significant challenges facing community associations today and how CAI is addressing these issuesPromoting diversity, equity, and inclusion within community associationsBest practices and critical differences in how community associations operate internationally compared to the U.S.New CAI educational resources for board members, managers, and homeownersBONUS:  Learn how to join the fight to exempt community associations from the burdens imposed by the Corporate Transparency Act (CTA) Related Links:Podcast: A Board Members' Guide to Unexpected Issues - Your Questions AnsweredPodcast: The Do's and Don'ts of Association Committees with Becker's Ken DirektorPodcast: Boot Camp for Board Members: Army Vet, PCAM and Becker Shareholder, Howard Perl, Discusses the Benefits of Rigorous Board Member EducationResource: Community Associations Institute (CAI) Website

Whether replacing a roof, undergoing major concrete restoration, or updating your common areas, understanding construction contracts is essential to secure the best possible outcome for your repair or renovation projects. In this week's Take It To The Board podcast, host Donna DiMaggio Berger unlocks the secrets to mastering construction contracts with Steven Lesser, Shareholder and Chair of Becker's national Construction Law and Litigation Practice.Join Donna and Steve as they dissect essential elements every community association board and management professional must consider, from setting goals and financial risk assessment to navigating complex timeframes. They share expert techniques on risk mitigation, including liability disclaimers and the importance of verifying contractor credentials and demanding insurance coverage, ensuring you're well-prepared for the intricacies of your next construction project.Discover the most common mistakes boards make when signing construction contracts and learn how to avoid them. Donna and Steve walk you through real-life cautionary tales of unlicensed contractors and highlight the necessity of thorough contracts to ward off potential legal and financial pitfalls. With insights into Chapter 558 of Florida law and similar statutes, they empower you with the knowledge to handle the right-to-cure process before escalating to legal action.From the importance of due diligence to the nuances of termination provisions, this episode covers it all. Learn how to effectively manage the scope of work, payment schedules, and insurance limits to prevent costly errors. Steven's wisdom extends to dispute resolution strategies, weighing the benefits of arbitration, mediation, and litigation. Whether you're a seasoned professional or a newcomer to the field, this conversation equips you with invaluable tips to navigate and triumph in the world of construction projects.Conversation Highlights Include:Common issues boards overlook during the initial due diligence phase of large construction projectsProblems that can arise when the scope of work is ambiguous“Change orders” and why they are a common source of disputes in construction contractsHow boards can protect themselves from excessive or unjustified change ordersRisks surrounding payment terms and payment schedules in construction contractsThe importance of timelines, payment and performance bonds and having an effective Owner's RepresentativeWarranties and guarantees boards should require in their construction contractsEffective dispute resolution mechanisms BONUS: Learn the #1 mistake boards can easily avoid when signing construction contractsRelated Links:Podcast: Everything You Need to Know About Concrete Restoration Projects with Alessandra Bianchini, of Carousel Development and Restoration Inc.Article: Becker Named a Top 25 Construction Law Firm by Construction Executive Magazine 2024Online Class: Condo Construction Defects 101

Ready to reevaluate your perceptions of golf course communities and their design? In this episode, host Donna DiMaggio Berger takes you behind the scenes with Erik Larsen, Golf Course Architect and former Vice President of the Arnold Palmer Design Company, as he reveals the intricacies of transforming landscapes into world-class golf courses. Erik has overseen golf course projects in 26 US States and 14 countries. He has designed courses used in tournament play, such as the US Open, the Bob Hope Classic, the Champions Tour, and more.Tracing golf's roots in 15th-century Scotland and discussing the surprising statistic that only 25-30% of residents in golf course communities play golf, you'll gain a newfound appreciation for the sport's scenic allure and its broader community impact. Donna and Erik dive into the delicate balance of aesthetic beauty and functional safety in golf course design, especially within residential areas. Discover the evolution of design philosophies over the decades and the challenges of ensuring safety while maintaining visual appeal. They also delve into the emerging trends like par-three courses and 'fun golf' that make the sport more accessible to beginners and families, highlighting how these innovations are reshaping the golfing experience.Lastly, they tackle the business side of golf, focusing on strategies to revive failing courses through creative residential development. Learn about the infill model and how repurposing empty spaces can breathe new life into struggling golf communities. With personal anecdotes and expert insights, this episode is rich with historical context, design strategies, and business acumen—making it a must-listen for anyone interested in the multifaceted world of golf course development.Conversation Highlights Include:Designing golf courses in residential communities or HOAsHow to ensure a golf course is mutually beneficial for residents, including those who do not play golfNoise and privacy concerns for residents living near the golf courseEnvironmentally friendly golf course designProtecting and relocating wildlife How to revive failing golf course communitiesAmerican courses vs. international coursesAdvice for developers or associations considering adding or renovating a golf courseBONUS: Find out what it was like to work with Arnold Palmer!

Can ordinary citizens become heroes during a disaster? Discover how Community Emergency Response Teams (CERTs) help everyday people play essential roles in emergency situations. Join Take It To The Board host Donna DiMaggio Berger and guest Dr. Jesse P. Spearo, the Emergency Management Administrator for Miami-Dade County, as they share insights into how CERT volunteers provide critical support, from coordinating community events to distributing supplies during major incidents.Donna and Dr. Spearo delve into the activation and organization of CERTs through Emergency Operations Centers, illustrating how trained volunteers are mobilized to support first responders and assist community residents until first responders can arrive on the scene. They discuss their crucial duties, including distributing food and water, conducting damage assessments, taking preliminary life safety measures with the injured and handling specific regional hazards like hurricanes, flooding, and heat emergencies. Listen to compelling stories of how CERTs have made significant impacts, including the success of Teen CERT initiatives and the integration of these programs into school curriculums.In their conversation, they explore the structure and operations of CERT teams, highlighting the Incident Command System (ICS), leadership roles, and the importance of continuous training. They also touch on the legal protections and medical coverage provided to volunteers under the Good Samaritan Law. Wrapping up, Dr. Spearo shares his journey into emergency management and offers practical advice on supporting emergency efforts. Tune in to learn about future trends in the field and how you can get involved in making your community more resilient.Conversation Highlights Include:Types of emergencies or disasters CERTs typically respond toVolunteer training and costs Key roles within a CERT teamHow CERT members are deployed during an emergencyCommunication channels used by CERT membersHow CERTs integrate with professional emergency servicesCERT members and liability in Miami-DadeCERT equipmentSteps for a condominium or HOA interested in setting up a CERTRelated Links:Podcast: Surviving the Storm: A Journey Through Hurricane Ian and Beyond with Joseph E. Adams, Becker & PoliakoffPodcast: Keeping Cool With Jane Gilbert, Chief Heat Officer, Miami-Dade CountyResources: CERT Training Information

Millions of people depend on assistance animals to help them engage in major life activities. On the flip side, some people try to pass off their pets as assistance animals to skirt the rules in pet-restricted communities, restaurants, airplanes, and other places where pets are not allowed. So how do you spot the difference between a legitimate service or support animal and a fake one? Join us for this episode of Take It To The Board as host Donna DiMaggio Berger uncovers the world of training assistance animals with Terry Harris of West Tennessee K9 Training, a top-rated dog training facility in West Tennessee. Together, Donna and Terry take listeners through the differences between service animals and emotional support animals, shedding light on the rigorous training requirements needed for dogs to assist with various disabilities. There are many different disabilities that proper training can address including: mobility, hearing, vision, PTSD, autism, seizure disorder and more. Discover the specialized skills that these legitimate assistance animals possess and the important role they play in supporting their handlers' daily lives. Choosing the right breed for service work is crucial. Donna and Terry look at which breeds are best suited for various tasks. Terry also shares where you can find his free online training resources, ensuring you're equipped with the tools needed to effectively train and engage with your canine companion. Don't miss this comprehensive guide to the world of service dog training!Conversation Highlights Include:Training requirements for service animals and emotional support animalsVarious disabilities that service dogs can addressTraining methodology Certification and documentation typically required for service and emotional support animalsBehavioral standards expected from service and emotional support animals in public spacesBONUS: Find out the most common mistakes people make when training their everyday pets!Related Links:Podcast: Nuisance or Necessary: Solving the “Pet” Problem with JoAnn Nesta BurnettOnline Class: Take A Bite Out of Fraudulent Assistance Animal Requests ClassArticle: New Laws Regarding Emotional Support Animals

Navigating the complexities of community association governance is increasingly challenging due to evolving laws, heightened personal liability for board members, and onerous regulation including the personal information required of volunteer board members under the controversial Corporate Transparency Act. In this episode of Take It To The Board, host Donna DiMaggio-Berger and producer Claude Jennings Jr. address a host of listener questions and shed light on the most pressing issues board members face today.Are more board members resigning than ever before?  Is a board member required to resign from the board once his or her unit is under contract? How can personnel issues be handled tactfully?  Can releases from members adequately protect the association from liability and why are some ESAs so noisy? Donna and Claude debunk common misconceptions about board service, discuss new educational requirements for volunteer board members, and offer strategies for effective governance and keeping your cool so board service doesn't get you down. Get ready for an in-depth guide to navigating the world of HOA and condominium governance.Conversation Highlights Include:Board member resignationsHOA events and legal waiversEmotional support animalsEncouraging community members to serve on the boardInsurance costs and windstorm coverageEstoppel CertificatesNew education requirements for board members

Are you struggling with a hoarder in your association and need practical advice? Do your Association's books and records need some attention now that new laws in Florida require them to be kept in an "organized fashion"? Tune in to "Take it to the Board" with Donna DiMaggio Berger as she unpacks these issues with a seasoned pro in organizing-Brenda Borenstein from Organized Zone.Donna and Brenda explore effective organizing principles such as thinking vertically and sorting by category. They also address the mental health challenges associated with hoarding and the critical role of legal counsel in ensuring compliance with governing documents. Brenda shares her insights on identifying and sensitively addressing hoarding issues that disrupt community life, from crammed units to stuffed garages and storage units all of which can create severe health and safety risks for the homeowner and neighboring units/homes as well. Brenda provides a strategic approach to tackle emotionally charged tasks, such as cleaning out a family member's home after they pass away. Discover how tools like Google Lens can help identify valuable items and learn about using auctions to offset cleanup costs.  They also address the sensitive topic of transitioning elderly parents to safer living environments and overcoming their resistance to change. Additionally, they tackle the challenges of downsizing and organizing living spaces when moving from larger homes to smaller, more manageable ones. They offer practical tips on selecting meaningful items to create a comfortable new environment while minimizing trauma for the client.Tune in to learn how upping your organizational game can significantly reduce stress and enhance productivity. Conversation highlights include:The process of organization from start to finishHoarding vs. collecting or being disorganizedCommon signs someone might be a hoarderTips for the association board or manager to approach residents suspected of hoardingSuccessful strategies or interventions implemented in hoarding situationsBrenda's philosophy on getting organizedBONUS: Find out how Brenda hosts regular dinners for 20 guests in her 850 sq. foot home!

The recent flooding in South Florida makes today's episode of Take It To The Board particularly timely.  Anya Freeman, the visionary founder of Kind Designs, sits down with host Donna DiMaggio Berger to explain her groundbreaking approach to protecting our coastal properties and shorelines. Anya explains how her 3D-printed Living Seawalls mimic natural marine habitats like mangrove roots. Not only do these seawalls offer structural stability and cost-effectiveness, but they also enhance marine ecosystems by providing habitats for marine life and sequestering carbon. Donna and Anya discuss the materials used, the large-scale 3D printing process, and how Anya's groundbreaking work caught the eye of entrepreneur Mark Cuban, whose investment helped scale up production and expand her team.Donna and Anya dive into real-world applications of these living seawalls in coastal cities such as Miami and New Orleans, showcasing their adaptability and long-term benefits. They also address common concerns from homeowners' associations about costs and permitting, illustrating how successful projects like the Jockey Club in Miami have navigated these challenges. Additionally, they discuss the aesthetic appeal of incorporating public art into seawall designs, making them not just functional but also visually captivating and compliant with city regulations. Don't miss this episode if you're curious about how your community can benefit from the innovation shaping the future of our coastlines and the entrepreneurial spirit propelling these advancements.Conversation highlights include:How living seawalls differ from traditional seawall designsThe inspiration for the Living Seawall, and challenges during developmentHow Living Seawalls benefit community associations Ecological impact of Living SeawallsThe 3D printing processRegulatory challenges associated with installing Living SeawallsAdvice for community association leaders considering a Living Seawall for coastal or waterfront propertiesBONUS: Learn about Anya's entrepreneurial family and why Anya is a such a big fan of the USA! 

Host Donna DiMaggio Berger takes listeners behind the curtain of Florida's legislative process with lobbyist Travis Moore of Moore Relations, Inc. to uncover what lobbyists do, how they do it, and why community association leaders and residents need to know about this process. Together, they discuss the often misunderstood role of lobbying in shaping laws that impact community associations across the Sunshine State. From the financial burdens of campaigning to the vital need for grassroots involvement, Donna and Travis provide an insider's perspective on navigating the political labyrinth while revealing the delicate balance between public perception and the reality of advocating for meaningful changes.Donna and Travis dissect the complexities of Florida's new condominium and homeowner association legislation, including the challenge of maintaining safety standards and the strenuous demands placed on volunteer condo boards and owners. The importance of transparency, fiduciary duties, and the potential pitfalls of legislative overreach come to light, highlighting the consequences of hastily enacted laws without thorough consideration of varied regional needs.They also strip down the legislative process to its nuts and bolts, with HOA legislation as a blueprint. From the initial drafts to the strategic power plays within the House and Senate, the journey of a bill is laid bare. This episode promises a deep and enlightening exploration of the political and personal intersections that shape community living in Florida. Conversation Highlights Include:Key pieces of legislation affecting condominiums and HOAs in Florida The lobbying process, from conception to enactment, for community association legislationHow to balance the interests of different stakeholdersLobbying challenges for condominium and HOA-related legislationTrends emerging in condominium and HOA lawAdvice for boards or property managers who want to be more involved in the legislative process 

Does your association have committees? Do you find them to be a helpful addition to association operations or a harmful "shadow board" with the potential to create liability for the association, its directors, and members? Host Donna DiMaggio Berger sits down with Ken Direktor, Chair of Becker's Community Association practice, to peel back the curtain on the inner workings of committees: the good, the bad and the ugly. The following committees are discussed in this episode:  Fining/Grievance; Architectural Control; Landscaping; Social/Entertainment; Document Rewrites; Budget; Neighborhood Watches and more. Find out which of these committees are vital to your community and which may be more problematic than they're worth.From the dynamics of issuing fines to planning social events, they break down the landscape of community governance, discussing the pivotal roles committees play and how to craft them for success. This episode doesn't just stop at the nuts and bolts of committee operation—Donna and Ken dive deep into the concerns that hold back potential volunteers, like the looming fear of litigation and the sacrifice of personal time. They look at protective measures such as insurance and a trustworthy attorney that can help mitigate risks in connection with these volunteer roles. They also dissect new Florida legislation, including changes to document inspections, to help associations navigate these murky waters with transparency and diligence.Whether you're a seasoned board member or a curious resident, this episode promises an enlightening journey through the challenges and triumphs of committee service.Conversation Highlights Include:Best practices when creating any type of committee Notice and transparency requirements for different types of committeesStanding committees vs. discretionary committeesDifficulties in getting volunteers for the Fining/Grievance CommitteeLiabilities associated with committeesNew Florida legislation and changes to document inspectionsBonus: Find out Ken's hidden talent!

When it comes to community associations, joining forces under a voluntary "umbrella organization" often proves more beneficial than going it alone. Members reap the rewards of shared knowledge, vendor connections, advocacy, and educational resources. In this week's episode of Take It To The Board, host Donna DiMaggio Berger sits down with Ernesto Cuesta, President of the Brickell Homeowners Association (BHA), to share his insights and experiences and hopefully empower other communities to grow stronger together. From casual meetups to formal meetings, Donna and Ernesto dive into how to find and create umbrella groups and the benefits of becoming involved with one.  Ernesto reflects on BHA's modest beginnings and formative years, offering invaluable lessons on forging a strong and proactive neighborhood alliance. Donna and Ernesto also spotlight the essential role of education and mentorship in cultivating the next generation of community advocates. To that degree, they discuss Florida's new mandate on board member education, specifically its impact on the dynamics of condominium governance. This episode is not just a look back but a forward-facing conversation about continuous improvement and active participation. Discover the blueprint for building community cohesion and how a collective commitment can shape the future of any area.The BHA was founded in 1990 and represents condominium communities from Miami River to Rickenbacker Causeway and from Biscayne Bay on the East to SW 3rd Ave. on the West, representing thousands of residents and partnering with scores of businesses, corporations, public associations, stores, restaurants, and other amenities that share the common goal of improving the quality of life for the Brickell community. Conversation highlights include:Creation of the Brickell Homeowners Association How to create an Umbrella Organization of HOAs and CondominiumsThe financial model of an umbrella organization and how funds are raised, allocated, and managedChallenges member communities face Communication channels and resources used by BHAErnesto's Top Tips for community association advocacy

Food does more than just tantalize your taste buds—it can also weave communities together and ignite change. In this episode, host Donna DiMaggio Berger is joined by Tim and Lara Boyd from Mustard Seed Bistro in Plantation to explore how simple community cookouts can spark vital conversations and foster collaboration. They discuss how providing refreshments at gatherings like board and membership meetings often cultivates a more positive atmosphere. Many community associations feature amenities such as restaurants, cafes, breakfast bars, and barbecue stations near pools. Even in communities without these services, dining out remains a cherished social activity. Tim and Lara share insights from their experiences in the restaurant industry, discussing how they balance family life with business demands and address post-COVID challenges reshaping the dining scene. From adapting lunch routines to managing increased expenses, they delve into the strategies that keep their restaurant thriving. Whether you're a culinary enthusiast or a business professional, this episode promises a hearty dose of inspiration for your next community or corporate gathering. Conversation highlights include:What inspired Tim and Lara to open their first restaurant Challenges in dealing with outside partners and finicky customersWhere they draw culinary inspirationChallenges in running a restaurant together as a coupleHow Covid changed the restaurant industryYelp and other reviewsStrategies for keeping talentSustainability practices BONUS: Find out if you have what it takes to open your own restaurant!

Has your association ever faced the challenge of a shadow website or social media page imitating your own? Have you discovered your community's name being used by a business entity without permission? Host Donna DiMaggio Berger, along with guest Valeria Angelucci from Becker's Corporate Practice, shed light on these common issues. Despite their prevalence, the solution for both prevention and resolution is often just one registered trademark away!Donna and Valeria reveal how to safeguard intellectual property for community associations, particularly their names and logos. They explore the intricacies of intellectual property, emphasizing the crucial function trademarks serve in preserving the identity of your association. They also share insights into crafting distinctive branding, with real-life examples, including renowned brands like Nike and Lululemon.Donna and Valeria discuss the expenses and enforcement associated with trademark registration, providing practical advice for addressing inquiries from the United States Patent and Trademark Office. They highlight how a well-protected trademark can forge a stronger sense of community. Whether you're a seasoned manager or a newcomer to community associations, this conversation is an essential guide to mastering the landscape of trademarks.Conversation highlights include:Differences between trademarks, copyrights, and patentsSteps and costs involved in the trademarking process for community associationsLimitations or restrictions on what can be trademarked Legal implications for community associations if their names or logos are not properly trademarked How community associations can enforce their trademark rights if they discover infringementAlternatives to trademarking

At some point, every building will require concrete repairs and restoration. If you've ever undertaken a concrete restoration project, you're aware of the many challenges they entail:  substantial costs, lengthy time delays, irritation over hurricane shutters, windows and doors, uncooperative owners and the potential for incidental damage. Host Donna DiMaggio Berger sheds light on these projects with guest Alessandra Bianchini, Vice President and General Counsel of Carousel Development and Restoration Inc.  Alessandra is the fourth generation of her family to be in the construction industry, and in this episode of Take It To The Board, she does a deep dive into how contractors typically handle these large projects and what your community can expect from start to finish on a concrete restoration. Their conversation on balcony restoration gets down to brass tacks on every front—from the necessity of removing every last tile to address spalling, to the legal hurdles faced when trying to gain access to units. They also tackle worker safety measures, the importance of expert counsel, and offer advice for associations gearing up for significant inspections. As Donna and Alessandra reveal, it's not just about finding the right team; it's about peace of mind. Join them for a conversation that could provide valuable insights for your community's next major restoration endeavor.Donna and Alessandra also discuss how increasingly violent weather patterns and climate change can impact the maintenance needs and structural integrity of concrete buildings and also unpack the importance of clear, consistent communication and detailed planning when undertaking concrete repairs in an occupied building. They share best practices for ensuring minimal disruption while keeping association residents in the loop and (mostly) happy during these vital projects.Conversation highlights include: Best practices for work crews doing concrete repair and restoration in occupied buildingsWhat causes concrete to deteriorate and how long that process typically takes Best practices for re-installing tile or other coverings on balconies, post-concrete restorationThe point at which a building is no longer a candidate for restorationImpact of climate change on the structural integrity of buildingsTrends and innovations in concrete restoration technology and techniques

Various types of casualty events, including fires, floods, explosions, windstorms, and even the unavoidable burst water pipe, will likely occur at some point in your community's lifespan which means your board will have to submit an insurance claim. That process can make your association feel as if you're going through a second disaster while you're trying to recover from the first one. Host Donna DiMaggio Berger and guest Ken Shriberg, a public insurance adjuster with a track record for turning underwhelming settlements into substantial lifelines, will arm you with the knowledge to face insurance challenges head-on. Donna and Ken walk through the hidden damages that can derail recovery efforts, emphasizing the significance of exhaustive inspections and the transformative impact a public adjuster can have on your recovery. They recount real-life tales from the field, illustrating how an eagle-eyed adjuster can turn a modest $2 million claim into a $28 million game-changer, emphasizing the importance of expert evaluations in rectifying overlooked destruction.Donna and Ken also tackle the often-overlooked challenges that association boards face, from understanding convoluted insurance policies to the art of negotiation, and how these hurdles can impact the rebuilding process. They debunk the 10X sales mentality, advocating for collaboration and exceptional customer service as the cornerstones of a successful recovery. By the episode's end, you'll be equipped with a view of how seasoned professionals, from adjusters to attorneys, play a pivotal role in guiding communities through the aftermath of casualty events, ensuring a fair and comprehensive path to restoration.Conversation highlights include:How the role of an independent public insurance adjuster differs from the insurance company's adjuster and other professionals in the insurance industryEvaluation tools used to assess the extent of damage in community association insurance claimsChallenges and issues community associations often face when dealing with insurance companies after a lossTimeline of a typical community association windstorm claim, from the initial report to the final resolutionRed flags or warning signs that community associations should be aware of when dealing with insurance claimsKey considerations for boards when selecting an insurance policy and how can they maximize their coverageWhen it's time to call in an attorney to pursue a Bad Faith Claim

It's a complex issue that is reshaping neighborhoods and communities across the country. We are talking about Airbnb, a homestay rental experience that has quickly become a major disruptor in the global hospitality industry. It's also become a major security concern in many private residential communities, with reports of “party houses” and even crime. Host Donna DiMaggio Berger looks at the consequences for residential communities with guest David Schwarte, Texas attorney and co-founder of the Texas Neighborhood Coalition, an organization that tackles the problems associated with short-term rentals. Together, they share insights into the vacation rental trend, its impact on housing affordability, and the rise in community activism in response. David shares how he worked to persuade local government officials to exclude short-term rentals from residential neighborhoods and how he assisted community associations in using their restrictive covenants to preserve their private residential lifestyle.Donna and David explore the legislative maze that governs these rentals in Texas and beyond, drawing parallels with the situation in Florida where state-level preemption looms large. The importance of community involvement cannot be overstated, and through tales of town hall meetings and city council persistence, they spotlight the successful grassroots victory that led to change for residential neighborhoods in Arlington, Texas. Learn about the importance of strong, interconnected communities and the efforts needed to protect and fortify them. Conversation highlights include:The impact of private residential zoning laws on Airbnb Arguments of economic benefits for homeowners and local businesses Claims of a constitutional right to monetize propertiesThe role of local governments in regulating short-term rentalsHow Airbnb model impacts affordable housing How Community Associations can draft covenants to combat short-term rentals 

The topic of defamation has become more prevalent as civil discourse has eroded. Unfortunately, sometimes it is the rare board member and/or manager who has not been subject to some form of potential slander or libel throughout their course of community association service.Host Donna DiMaggio Berger sits down with the highly respected litigator Keith Grumer of Grumer Law, to guide you through the complex legal terrain surrounding defamation as well as the ubiquitous non-compete clauses managers face throughout their careers. With their help, you'll learn the differences between libel and slander, understand statutory damages in cases of libel and slander per se, and identify crucial communication strategies to avoid potential legal disputes. Donna and Keith also tackle non-compete provisions, providing insights into how these clauses bind both management professionals and the communities they serve.  Donna and Keith talk about the emotional toll board members often face when slander strikes. They examine alternatives to litigation, like the power of an apology. They also outline the critical distinction between opinion and accusation, helping board members discern when it's time to defend their reputation and when it might be wiser to let cooler heads prevail. Finally, they dive deep into the psychological battleground of legal disputes, offering practical advice to mitigate the stress and toxicity that often accompany them. Donna and Keith emphasize the importance of maintaining a healthy lifestyle and the power of community support to stay afloat during these trying times. With a thoughtful approach to litigation, they arm you with the tools for a resilient and strategic response to the challenges that come with defending your integrity in the face of adversity.Conversation Highlights Include:Various forms of defamationDifference between libel and slanderHow damages in a defamation claim are determined and recoveredDefenses to a defamation claim, including board members' status as limited-purpose public figuresElements of a non-compete clause for community association managersNon-competes under Florida law vs. other statesPresident Biden's proposed ban on non-competesAdvice for potential plaintiffs and defendantsBonus: Find out what the Blue Pencil Rule is!

Does it seem like everyone around you is coughing, sniffling, or under the weather? It's no coincidence—we're currently in the middle of cold and flu season. Join Donna DiMaggio Berger and guest Dr. Jason Mansour, Chair of Emergency Medicine at Broward Health, to learn the best ways to stay healthy even in shared spaces. Is loss of smell exclusive to COVID or indicative of other ailments? Donna and Dr. Mansour share how to distinguish between the common cold, flu, COVID, and RSV—without resorting to a barrage of tests. Learn how simple, everyday habits can serve as your armor against invisible threats, like Covid-19 and other viruses that could be lurking in common areas like the pool, lobby and on gym equipment. Our conversation then pivots to everyone's enemy: MOLD. Given the inevitability of water leaks in multifamily buildings, Donna and Dr. Mansour explore the silent intruder of mold.  Learn how to recognize the signs of mold in living spaces, how it can impact your health, and whether certain types pose greater risks than others.Lastly, they look at mobile health services that can make your community healthier, especially as many residents choose to age in their own homes. Listen now for pointers on staying healthy for yourself and your community. Conversation highlights include:Common health challenges people face when living in multifamily buildings, especially during flu and COVID surgesHow indoor ventilation plays a role in both preventing and spreading illnessesAreas and surfaces within multifamily buildings that residents should pay extra attention to when practicing cleanlinessHow to recognize signs of mold in living spaces Differences in types of molds and their health impactsHealth risks associated with using amenities like the pool or a gymMedical services you can bring to your communities

What's the secret to a highly functioning community association? Host Donna DiMaggio Berger and Take It To the Board's producer, Claude Jennings Jr. look back on Take It To The Board's 2023 season and revisit some of the most important conversations about community association living while answering listener questions. Most new communities are devoid of all but the most basic policies and over the years far too many boards fail to anticipate which policies and protocols can make their jobs, as volunteers, easier. Does your community have the following policies in place and, if not, why not?Vacant Unit PolicyWater Leak PolicyHandling of Election Materials PolicyOwner Unit Renovation PolicyBoard Member Code of ConductOwner Civility CodeDirector Resignation PolicyParticipation at MeetingsDocument InspectionsLender Questionnaire PolicyDonna and Claude examine the best policies and protocols for your community association spiced up with real-life questions from Take It To The Board's engaged listeners.  Donna also opens up about her journey into condominium law and finding balance at Becker, while Claude shares the fulfilling experiences that carved his path in media and podcasting. Listen now to learn how to maintain a community that is not only functional but harmonious.Conversation Highlights Include:Best policies and protocols to have in place, post-developer turnoverIndividual unit renovations and documentation needed to comply with safety lawsPotential property damage from vacant unitsLender questionnaires Board member eligibility and director resignationsThe biggest mistake boards and managers make when it comes to policies and protocols!Top Episodes of 2023 The Art of Negotiating the Best Telecommunication Deal for Your Community With Marcie Gershoni, President at Community Cable ConsultantsAre “55 and Older” Communities Still In Demand? What Must Be Done to Preserve Your Senior Lifestyle? An Engaging Discussion with Mark Friedman, Becker & PoliakoffThe Impact of Construction Next Door on Your Community with Katie Berkey, AICP, Becker & PoliakoffDonna DiMaggio Berger Celebrates 50th Episode with Business Attorney and Husband, Michael BergerGuns, God, and Gab - A Constitutional Analysis with Jay Roberts, Esq.

Ever wondered how a camera can pick out a face in the crowd or if that gym security camera is a watchful guardian or an intrusive eye? Discover the intricate dance between security and privacy in our neighborhoods, as host, Donna DiMaggio Berger, sits down with guest Louis DiGioia from IC Real Time. They shed light on the advanced technology that's safeguarding our communities, from the sharpness of high-resolution cameras to the stealth of thermal imaging. Dive into the heart of today's surveillance systems and find out just how much protection they can offer to your community association, without crossing the fine line into privacy infringement.Donna and Louis dissect the nuances of surveillance in communal spaces and the crucial role of legal and insurance advice in protecting your association from potential liability. They also discuss the art of deterrence through smartly positioned signage and robust camera coverage, ensuring you're informed about the best practices for maintaining both security and peace of mind.Zooming in on the future of surveillance, they navigate through the legalities and ethics of facial recognition technology. Donna and Louis also break down the storage puzzle, evaluating network video recorders against cloud-based solutions. For community associations eyeing a surveillance upgrade, this conversation is packed with insights you simply can't afford to miss.Conversation Highlights Include:Viewing range of cameras How to address privacy concerns for cameras in common areas, like pools and gymsThe options boards have in terms of monitoring camera footageBest practices for storing recorded footageFacial recognition technology and the safeguards in place to protect privacyHow many cameras are needed for adequate security coverage and what considerations go into location decisionsNight vision technology Differences between wired and wireless security camera systems Individual doorbell cameras such as Ring or Nest in communities

Is your older, cash-strapped condominium or cooperative association contemplating a termination and/or sale to a developer? The once rare ideas of a termination and sale have now become much more common as community members struggle to maintain, repair and insure older buildings. Host Donna DiMaggio Berger and guest John Cadden, from the Condominium Advisory Group and co-founder of CF Capital Holdings, discuss terminations from beginning to end and what to expect throughout the process. They tackle the legal, financial, and psychological aspects of termination, the impact of inflation, interest rates, and insurance costs, and the finite lifespan of multifamily buildings. John's extensive experience in the commercial real estate and banking industries provides insight into the developer's perspective: what grabs their attention - is it an alluring location, the flexibility of zoning codes, and/or the promise of redevelopment possibilities? Donna and John discuss the ever-changing dynamics of the real estate market which bring opportunities - and challenges - including the challenges of dealing with investor owners and the need for clear communication channels to facilitate membership approval.Donna and John also examine the vital role of the board plays in the termination process: should they remain neutral or passionate advocates for the deal? While providing practical advice for managers and boards, they look at the factors that would encourage a group of owners to consider soliciting offers. Be prepared to come away with valuable insights to guide your journey if a possible sale is in your future. Conversation Highlights Include:How a board can best determine the market value of their property How a board can best assess an offerWhat developers can offer to make it easier for elderly or disabled residents who may have to moveThe respective roles of the board and association counsel during the termination processWhat is a condominium deconversion and how common is it?What market conditions favor condominiums versus rental buildings?The biggest challenges associated with a condominium terminationTop tips for associations evaluating whether a termination and sale is right for them

This episode of Take It To The Board sheds light on a legal process that may be needed to help both struggling associations and their individual members. In these challenging economic times, more people are asking whether filing for bankruptcy protection is the right decision for an individual or a struggling community association.  Host Donna DiMaggio Berger speaks with attorney and founder of Bast Amron LLP, Jeffrey Bast about the bankruptcy process from start to finish and how it can be used as a successful strategic tool to navigate financial challenges. Jeff has practiced in the insolvency and litigation arena for 30 years.Together, Donna and Jeff dissect the implications of chapters 7, 11, and 13 of the US bankruptcy code, highlighting how Chapter 11 might serve as an unexpected lifeline for community associations wrestling with serious financial problems like soaring insurance premiums, costly statutory requirements and large damage awards resulting from litigation. They explore the unique and compelling circumstances that may prompt Homeowners Associations (HOAs), condominiums, or cooperative associations to contemplate filing for bankruptcy as a last resort. Donna and Jeff also venture into the thorny realm of involuntary bankruptcy. Picture being thrust into bankruptcy by your creditors – daunting, right? They demystify this process, highlighting the twin requirements of authority and transparency. They also look at the historical stigma attached to bankruptcy and aim to debunk the misconceptions around this legal process. This episode of Take It To The Board brings a fresh perspective to understanding bankruptcy and how a reorganization might become a more frequent option for struggling associations. The potential of a bankruptcy is not just about failure or a last resort but also about strategy, planning, and ultimately financial survival. Conversation Highlights Include:The main differences between Chapters 7, 11, and 13 of the US Bankruptcy Code and what's best for community associations and individualsAlternative solutions to explore before considering bankruptcyHow to know when bankruptcy is your last/best resort?What type of authority does a board need to have to pursue a bankruptcy filing?What is the lasting impact of a bankruptcy on individuals and entities?What is the effect on resales within the community if there is a pending bankruptcy?Key questions your bankruptcy attorney should ask!

Financially strapped community associations are always looking for new revenue sources but is a sound investment strategy a possible path to avoiding large budget increases or special assessments? In this episode, host Donna DiMaggio Berger, along with investment gurus Michael Coady, Chief Strategy and Growth Officer for Slatestone Wealth, and Kenny Polcari, Chief Market Strategist for Slatestone Wealth, discuss how investments can be utilized by both association boards and their residents personally as part of their overall fiscal management.  What most association boards want to know is what kind of investment vehicles are suitable for common funds; this trio takes a deep dive into low-risk investment vehicles like US treasury bonds, bank CDs, and money market funds, and how they can offer a lifeline to HOAs and condos.Their conversation also includes the benefits of making strategic banking choices particularly with regard to precious reserve funds. Donna, Kenny, and Mike also tackle the delicate subject of fraud and the huge losses it can cause while underscoring the role of checks and balances in safeguarding wealth. On a personal note, they explore the art of wealth management and diversification. What's your risk tolerance? What is your current life stage and are your expectations for amassing wealth realistic enough or ambitious enough? Michael and Kenny help us unravel how multiple factors can shape your portfolio and how you can avoid common investing pitfalls. Tune in to discover a wealth of knowledge and practical insights. We promise you, it's an investment of your time that will yield high dividends!Conversation highlights include: A popular strategy for community associations to invest its common or reserve funds and the potential re-emergence of legislation in Florida that would allow boards to invest common funds more aggressively.Types of investment products and services that community association boards should consider if they are at liberty to invest common fundsHow FDIC insurance works and how it should influence an association's deposit strategiesThe importance of diversification in investment strategiesKey factors individuals should consider when choosing an investment advisor or firmHow the investment landscape has changed in recent years, and how investors are adapting Advice for first-time investorsBONUS: Kenny Polcari is a media personality with a global following. Can you name the shows on which he is a regular commentator?

Does your community association have an Automated External Defibrillator (AED) or a Bleeding Control Kit (BCK) on hand in the worst-case scenario and do you have trained people on hand to use these devices? Do you have a gym, pickleball/tennis courts, and other recreational amenities where a cardiac event may be more likely? Are you familiar with the responsibilities and value of a volunteer Certified Emergency Response Team (CERT)? Join Donna DiMaggio Berger and guest Dr. Jason Mansour, Chair of Emergency Medicine at Broward Health, as they dive into the details of these vital life-saving tools. Learn about local ordinances that require these devices in multi-story residential buildings, how they operate, and the essential training needed for their use.In times of emergency, the choice between CPR and AED can be pivotal. Accompany Donna and Dr. Mansour on a journey into the depths of cardiopulmonary resuscitation (CPR). Explore the impact of chest compressions on the heart and brain and the American Heart Association's endorsement of hands-only CPR. Dr. Mansour guides you through the differences between CPR and the use of AEDs, highlighting how a split-second decision can drastically enhance survival rates.Donna and Dr. Mansour reflect on the importance of being a good neighbor and the role of life-saving equipment in our communities, emphasizing the significance of AEDs, BCKs, and CERTs in multi-family buildings and HOAs particularly those with gyms and recreational amenities where a cardiac event becomes more likely. We guarantee you will leave with a newfound appreciation for these vital resources and their roles in our daily lives.Conversation highlights include: Necessary training for safe Defibrillator. (AED) usageRisks associated with improper AED usageWhere associations can find AED training for their employeesThe differences between using a defibrillator and performing CPRWhat a Bleeding Control Kit (BCK) is composed of, and how it functionsAdvice for CERT members to triage injuries in mass casualty situationsOther life-saving devices community association boards should consider for common areas

As developers continue to build at a brisk pace, community association residents often find themselves sharing space with all types of wildlife including the good, the bad and the dangerous! What would you do if you spotted an alligator in your community pool?  How about iguanas or possums snacking on your community garden? A bear tearing through your garbage?  This week, host Donna DiMaggio Berger, is joined by Todd Hardwick, a nationally renowned wildlife expert with an astonishing 40-year career. Donna and Todd explore the difficulties of dealing with different types of wildlife in residential communities and the potential liability issues that arise should boards take no steps to intervene.In this episode, Todd gives us a gripping account of the perils wildlife can pose to humans – the diseases they can transmit, the bodily harm they can inflict and the nuisances they create that can lead to mental distress. Donna and Todd also discuss the controversial issues surrounding the exotic pet trade, impacts on insurance policies, and potential legislative measures. Tune in to this important episode and learn how to avoid undesirable interactions with dangerous wildlife and what to do if you're confronted by a predator. Conversation highlights include:Common wildlife issues in community associationsHow to avoid undesirable interactions with dangerous wildlifeAlligators, crocodiles, and caiman-which poses the greatest risk?How to remove iguanas in the state of FloridaThe exotic pet trade and management issuesTop tips if you are confronted by an alligator, bear, or other predatorWhich animals are presumed to be harmless but actually aren'tBONUS: Learn how Todd captured a record-breaking 22-foot-long, 250-pound reticulated python that was hiding under a South Florida home!!

This week, our guest and Becker Shareholder, Howard Perl, sits down with host Donna DiMaggio Berger to share his experiences as both an army veteran as well as a successful PCAM before going to law school later in life. Howard recounts his unique journey from joining the army at 17, to participating in Operation Iraqi Freedom to how his military background inspired Becker's Board Member Boot Camp, a unique military-themed board certification course. Howard's valuable insights, as both a veteran and a PCAM, are a reminder of how impactful life experiences can equip association board members and management professionals for the many challenges they face. Donna and Howard deconstruct the elements of Becker's Board Member Boot Camp and explain how they will elicit a refreshing level of interaction and engagement from volunteer board members who attend. They also highlight the importance for board members to be able to accurately prioritize community goals and to stay informed about the ever-evolving statutes and best practices in the community association industry. Tune in for an enlightening conversation with meaningful stories and tips that will equip volunteer board members and management professionals with fresh perspectives. Conversation highlights include:The most successful ways to enforce association rules and regulationsDoes Hollywood get it right when portraying Basic training in the Army?Insight into Operation Iraqi freedomHow periodic collective training can prevent and heal dysfunctional boardsWhy Becker's Board Member Boot Camp is different from other board certification coursesWhat most boards get right and wrong!BONUS: Howard describes memorable moments during his time in Iraq.

Does your community perform background checks on potential purchasers and potential renters? Do your community residents expect their neighbors to be screened for safety and financial capacity purposes?  Join Donna DiMaggio Berger and guest Robert Sanchez, a seasoned professional from SARMA, as they unravel the complex world of background checks. Donna and Robert dive into the intricacies of the Fair Credit Reporting Act, the cost of background checks, the challenges of screening foreign applicants, and the potential penalties if your background check is incomplete or inaccurate.  In this enlightening conversation, Donna and Robert unpack the evolution of background checks and debate the importance of credit scores. They debunk the myths surrounding FICO and Vantage scores and provide practical tips for building good credit. Shifting gears, Donna and Robert focus on the international arena, considering background checks for international applicants and data privacy concerns. They touch on the challenges of running background checks in different jurisdictions, the necessity of parental consent when screening juveniles, and the ever-looming threat to data security. They wrap up by considering the issues that blanket approval policies can pose and discuss about emerging technologies. Robert's valuable insights will surely equip you to better understand and navigate the world of background screening. Tune in as Donna and Robert explore this topic of such importance to so many mandatory community associations!Conversation highlights include:Screening potential renters and potential purchasersUnderstanding and utilizing background reports Understanding credit score ranges Screening costsTransmitting and storing sensitive informationUnderstanding the different entities found on a criminal background

Get set for an insightful exchange as host Donna DiMaggio Berger dives into the world of effective leadership with guest, Gary C. Rosen, Managing Shareholder and the commanding force behind Becker & Poliakoff. Donna and Gary discuss what leadership truly means, and the qualities one must possess to successfully influence and inspire others to work toward a common goal or vision.  Throughout their conversation, they look at Gary's transition from a litigator to a top leadership role, while focusing on the differentiators that set Becker apart from other law firms. Embracing change is never easy, it's a tale as old as time.  Donna and Gary look at Becker's transformative journey, including some resistance when Becker moved its headquarters, and how Gary faced the winds of change head-on. In this episode, they illuminate the valuable lessons that can be gleaned from these experiences, from leading a law firm during a global pandemic to cultivating positive changes within the community. Fasten your seatbelts as they unravel the nuances of running a successful community association practice, emphasizing adaptability, teamwork, and staying abreast of changing laws. They also discuss the importance of understanding client expectations and the vital role of recreational activities in managing stress. Prepare yourself for an episode brimming with unforgettable insights and experiences!Conversation highlights include:The management structure at Becker and other large law firmsGary's transition from a very active litigator to a leadership role and what he wishes he had known back then that he knows nowBecker's involvement in the county effort to assist and rehouse homeless individuals, particularly near the Broward County LibraryWhere Gary found guidance to manage the COVID pandemic and other crisis eventsThe essential tools to creating a legacy law firm like BeckerHow a law firm should approach client service and satisfactionHow to stay updated on legal trends and changes in the industryBONUS:What Gary does to de-stressGary's advice to his younger selfWhose leadership style has inspired Gary 

Are you confused about whether your board can stop residents from smoking marijuana in your community even if they claim it is for medical purposes? Join Donna DiMaggio Berger and guest JoAnn Nesta Burnett, Shareholder at Becker, as they unravel the intricacies of marijuana use within community associations. Donna and JoAnn dig deep into the U.S. Department of Housing and Urban Development's (HUD) current position on complaints related to medical marijuana and look closely at the proof required for smoking accommodations. They also explore the potential dilemmas posed by marijuana use, particularly in multifamily buildings, and discuss strategies that associations can implement to shield themselves from legal repercussions.  Shifting gears, Donna and JoAnn delve into the emotionally charged topic of fraudulent ESA and service animal requests. Their discussion reveals some bizarre requests for accommodations, such as chickens and bees! They share valuable insights on how these requests can impact homeowners' associations and equip you with practical advice to navigate this minefield. Tune in to learn how to respond to ESA and service animal requests.Conversation highlights include:HUD's position on medical marijuana use in multifamily properties Handling an employee's medical marijuana breaksUsing an “unlawful use clause” to restrict marijuana smokingUsing a “nuisance clause” to address marijuana smoke odorHUD's criteria for evaluating reasonable accommodation requests for emotional support/service animalsHow to address criticism of rule enforcement

Does being an attorney make you unhappy? Could the legal profession be the root cause of your stress? Join host Donna DiMaggio Berger and guest Professor Marcia Narine Weldon for Part ll of a two-part series as they pull back the curtain on the high-pressure legal industry, exploring its impact on mental health and offering several strategies for coping. Throughout their conversation, they explore the surprisingly common traits shared by lawyers, questioning whether the profession attracts a particular personality type or creates certain mental health challenges. As they navigate the cut-throat competitiveness of many law firm environments, Professor Weldon and Donna share their personal experiences of the pressures, struggles, and victories their legal careers involved. They highlight how a growth mindset and the ability to learn new skills can drive job satisfaction, despite the profession's inherent challenges. They discuss the art of setting boundaries - a crucial skill in protecting one's mental health and ensuring values are not compromised.The future is here already! Donna and Professor Weldon discuss how AI technology is reshaping the legal profession and its implications on mental health. As daunting as it may sound, they believe AI brings an opportunity to reinvent oneself and cultivate new skills. To wrap up, they emphasize the importance of vulnerability, openness, and grace – as not every loss spells disaster. Tune in for an insightful conversation on fostering well-being amidst the demanding landscape of the legal profession.Conversation highlights include:Does the legal field attract unhappy individuals, or does it inherently generate mental health challenges?Seeking creative outlets and managing stressShould clients view attorneys as real people with lives beyond counseling them?Does the competitive nature of law breed unhappiness or the potential for it?How many larger law firms prioritize growth mindsets among their attorneys?Do law schools really prepare their students for a career in the law?How can lawyers carve out personal time amidst growing client demands and competition in the marketplace?How crucial is it for lawyers to get on board with AI considering privilege, privacy, and accuracy?

Brace yourself for a deep dive into the hot issues surrounding extreme summer heat with host, Donna DiMaggio Berger, and guest Dr. Jason Mansour, Medical Director at Broward Health Medical Center's Emergency Department. Together, they discuss the physical and mental impact of extreme heat events. This isn't just another conversation about the weather - it's a critical exploration of an increasingly dangerous global phenomenon and how community association boards can prepare and protect their residents, employees, vendors, and guests.Donna begins the episode by guiding you on what associations can do to protect residents and employees from the heat's wrath, including revisiting and/or relaxing certain rules and regulations that might not make sense amid a heat wave, crafting disaster plans, ensuring outdoor workers are hydrating and have access to shade, and implementing smart strategies like limiting daytime activities on your recreational amenities and conducting welfare checks on vulnerable residents. In the second half of the episode, Dr. Mansour shares expert insight recognizing and managing symptoms of heat exhaustion and heatstroke. Dr. Mansour emphasizes that extreme heat can exacerbate existing health conditions and poses a severe threat to respiratory and cardiovascular health. This episode of Take It To The Board will serve as your cool oasis - a survival guide to extreme heat events. Whether you're a board member, resident, part of a management team, or an association employee or vendor working outdoors in the broiling heat, this episode is packed with vital information to help you stay safe.With a special mention to our previous episode featuring Miami-Dade Chief Heat Officer, Jane Gilbert, this episode emphasizes the urgency for awareness and action. Conversation highlights include:Common sense steps your board can take to lessen the impact of extreme heat in your communityIdentifying the symptoms of heat exhaustion and heatstrokeFind out what can be done to cool down once symptoms startIs it possible to cool down while still outside? Why certain rules regarding hurricane shutters and blinds should be relaxedThe pros and cons of cooling off in a cold plunge How extreme heat impacts your vulnerable residentsWhen to go to the hospital if someone is suffering from the heat Can heat stroke cause brain damage, permanent or otherwise?BONUS:  Hear firsthand the increased number of hospital visits the recent heatwave has caused.

This week, in Part I of a two-part series, Donna DiMaggio Berger and guest Marcia Narine Weldon, Harvard Law School graduate and University of Miami School of Law professor, explore the intricate intersection of corporate responsibility, consumer rights, and the increasing influence of ESG (Environmental, Social, and Governance) factors in today's dynamic business world. In this thought-provoking discussion, they address the challenges and pressures faced by community association lawyers, volunteer board members, and management professionals in an increasingly divisive environment.Delving into the sphere of corporate activism, Donna and Marcia examine how companies adeptly navigate legal obligations and shed light on the often-overlooked impact of Corporate Social Responsibility (CSR). Furthermore, they critically assess the role of government in shaping business regulations and its significant effects on consumer rights. The conversation becomes even more fascinating as they navigate the delicate balance of corporate responsibility within private residential communities, emphasizing the paramount importance of transparency and active member involvement in decision-making processes.In addition to corporate matters, they thoughtfully explore the concept of resilience, the transformative power of grit, and the intriguing possibility of birth order's influence on individual success. Leveraging their personal experiences, Donna shares insightful perspectives on how stepping out of comfort zones aids in cultivating grit and building resilience. They also delve into whether generational differences may impact resilience. This engaging discussion is essential listening for those intrigued by human rights, corporate responsibility, and personal resilience.Don't miss out on this captivating and informative dialogue that offers invaluable insights for professionals and individuals interested in navigating the complexities of today's business landscape while upholding ethical principles and fostering personal growth.Conversation highlights include:What are ‘human rights' and how to properly use the term.When companies fail to uphold high standards, what actions can consumers take?How should volunteer boards navigate corporate governance in private residential communities?Is it true that negative thoughts and stress don't necessarily indicate unhappiness or poor health?How negative thought behaviors can be detrimental to a person's mental health.What strategies can be employed to effectively challenge negative thoughts?Does the legal profession attract unhappy individuals, or does it contribute to their unhappiness?Does the competitive nature of law firm environments contribute to mental health challenges?How can attorneys avoid absorbing the toxicity of their clients?How to establish more reasonable expectations regarding the attorney-client relationship?What are the different impacts of anxiety, stress, and depression?What are some healthy ways to increase dopamine and serotonin levels?BONUS: Learn whether loyalty in the attorney-client relationship exists and what to do when it disappears

Join us this week as host Donna DiMaggio Berger sits down for a fascinating conversation with Marvin Nodiff, a retired community association attorney and prolific fiction writer. Together, they dive into the world of Marvin's eight novels based on the trials and tribulations of a dynamic young St. Louis community association attorney named Joshua Fyler and the cast of condominium and HOA characters surrounding him. The plots of Marvin's novels will certainly resonate with boards, managers, condo and HOA residents as well as community association attorneys everywhere. Marvin and Donna discuss the various societal challenges he tackles in his novels including cybercrime, judicial corruption, surveillance drones, gun violence, populism, the pandemic and artificial intelligence.  From generational gaps inside communities to drones, media and politics, the discussion with Marvin covers a wide range of topics related to community associations. Our host and guest explore legal issues associated with HOAs in different states, the importance of outside professionals for guidance, and the potential implications of artificial intelligence on association operations. This episode aks you to consider if understanding and compassion might help resolve disputes and assist volunteer directors better navigate the complexities of community association leadership.  What does the future hold for community associations and the legal profession? Tune in to this episode and find out! Conversation highlights include: How to handle generational gaps in communities.How successful mediations can prevent full-blown litigation.How to close the knowledge gap to get helpful, not harmful legislation.How AI can improve association operationsWhen should a community association pay a special assessment or just foreclose? The role of drones in community associationsHow trusting should volunteer directors be when it comes to the media?How much legislative influence do developers have?The importance of board members and owners being familiar with their governing documentsJust how far might the preemption trend go?BONUS: Find out how the various “quirky” names Marvin sprinkled throughout the Pinball Lawyer came to be and whyRelated Episodes:Take It To The Board: We're Not Just Droning On – A Conversation with Drone Experts Chris Tonn and Neil Johnston On Your Community's Potential Challenges with Drones | Becker (beckerlawyers.com)Take It To The Board: Why Local Government Matters Most with Vice Mayor Sarai “Ray” Martin of Lauderhill | Becker (beckerlawyers.com)Take It To The Board: Radical Self-Care Can Change the World with Shelly Tygielski, Founder of Pandemic Love | Becker (beckerlawyers.com)

What would you do if you found yourself in the eye of a devastating hurricane? This week, our guest and Becker Shareholder, Joseph E. Adams, sits down with Donna DiMaggio Berger and relives this very question when he rode out Hurricane Ian in his home on Fort Myers Beach. In this gripping episode, Joe shares his harrowing experience and provides valuable insights into preparing for and recovering from such catastrophic events.  From the chaos of managing a team of 30 lawyers during the hurricane to navigating the insurance crisis, Joe's story is one of resilience and determination. We dive into the challenges of obtaining insurance coverage, the problem of overcharging for remediation services, and the importance of being part of a larger team in times of personal tragedy. Joe also sheds light on the role of technology in the legal profession and the increasing presence of lawyers in the US.  But how does one embrace life's uncertainties and survive multiple disasters? Joe's incredible experiences, including surviving lightning strikes, a massive car pile-up, and a horseback riding accident remind us all of the importance of being prepared for the unexpected. Join us for this thought-provoking and inspiring episode that will change the way you view the world around you.Conversation highlights include:A Birdseye description of Hurricane Ian's destructive path. ​Lessons learned when riding out a storm at home.Steps needed to get back up and running after the stormThe challenges that community associations face when preparing for and recovering from a major catastrophe Why some communities have decided to terminate and sellThe one thing Joe wishes more boards would do.How being part of a large legal team helps not only the clients but the lawyersWhat the next generation of community association attorneys should expect

In today's episode, Donna DiMaggio Berger sits down with Vice Mayor Ray Martin of Inverrary to discuss why it is important to keep most regulation at the local level – particularly in large, diverse states –rather than using a “one size fits all” solution at the state level. They dive deep into what is driving the trend towards states adopting the preemption doctrine to place important decisions out of reach for local government including the most local of all governance – your HOA. The preemption doctrine provides that a higher authority of law will displace the law of a lower authority when the two authorities conflict.  One example of preemption involves states who will not allow their local governments to regulate short-term rentals such as Airbnb. Additionally, learn how Vice Mayor Martin and his fellow Commissioners are brainstorming to protect their city's residents who live in older multifamily buildings from losing their homes due to skyrocketing assessments. As a veteran who served in the US Army for 22 years, Vice Mayor Martin also discusses how his company, Extreme Government Solutions, could help elderly residents living alone in condos and HOAs without any family support. BONUS:  Do you know the name of Inverrary's very famous resident and how he put the city in the spotlight for many years?

In today's episode, Becker Shareholder Jay Roberts, who represents community associations and developers with respect to all aspects of creating and operating planned community developments throughout Northwest Florida, sits down with Donna DiMaggio Berger to discuss two thought-provoking questions: Should commonly accepted rules regarding signs, flags, and holiday decorations be considered unenforceable because they potentially infringe upon constitutional rights? Conversely, in a community association context, do residents' constitutional rights to free speech, freedom of assembly, and the right to bear arms lose their applicability if restricting these freedoms serves the greater good? To shed light on the topic, they will delve into the 1945 US Supreme Court landmark case of Shelley v. Kraemer as well as several recent US Supreme Court cases relating to the Second Amendment. This case established the framework for determining whether private covenants violate the equal protections clause of the 14th amendment. The pivotal question revolves around whether a mandatory community association can enforce specific private covenants and restrictions, which greatly depends on whether the association is considered a state actor.Donna and Jay will explore various scenarios, such as whether individuals living in mandatory community associations have an unrestricted right to display political signs on their property, express their opinions online, conduct religious services in the clubhouse, or bring firearms to board or membership meetings.Conversation highlights include:Which of the amendments in the U.S. Bill of Rights are most commonly raised as a defense in association disputes.The definition of a state actor and whether a condominium, cooperative, or homeowners' association qualifies as one.Whether a Board of Directors with rule-making authority may prohibit political signs, for sale signs, contractor, and other types of signs.Which flags are protected under Florida law.How speech at board or membership meetings may be regulated and whether resident civility codes and board member codes of conduct create a reasonable communication framework. Whether a community can prohibit religious services in the common areas or in individual homes in the community.How to navigate the tricky landscape of regulating and/or promoting holiday decor and social events.Two landmark Supreme Court cases on guns and how those rulings impact your community's desire to regulate guns in your common areas.BONUS: We end with a bit of constitutional trivia. See how well you do!