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Are your association funds and property at risk?
I am grateful to Donna DiMaggio Berger (pictured left) for permitting me to post her Feb 2, 2011 blog.  Donna  serves as Executive Director of the Community Advocacy Network (CAN), which provides education, outreach and advocacy programs to more than 1,000 community associations throughout the state of Florida.She is also a managing partner with the statewide law firm of Katzman Garfinkel & Berger (KG&B), whose practice is devoted primarily to the representation of Florida community associations. Who can sue your association and why?Basically, anyone who has come into contact with your community either through a contractual relationship, an injury or other dispute and wants his or her day in court. This could mean the roofer who wasn’t paid in full, the party guest who fell on the pool deck or the former accountant with unpaid invoices. We have already discussed that the fees for some services that permanently improve a property such as a new roof can be collected via the placement of a mechanics’ lien; many others, however, cannot.
Let’s say the association asks its accountant to perform a forensic audit which costs $15,000. The association is not satisfied with the result and decides not to pay the accounting invoice. ... more

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