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Donna D. Berger, Esq.
 Katzman Garfinkel Rosenbaum
1501 NW 49th Street
2nd Floor
Fort Lauderdale, Florida 33309
Tel: (954) 486-7774
Fax: (954) 486-7782 Donna D. Berger has counseled condominium, cooperative, timeshare, mobile home and homeowner associations throughout Florida for the past fifteen years. Her work with these communities includes covenant enforcement, covenant amendment, contract review and drafting, collections and foreclosures as well as advising these associations about the statutory and documentary guidelines for the daily administration of their communities. In addition, Ms. Berger has testified before the Florida Legislature regarding community association law and has frequently appeared on radio talk shows and in print media discussing these issues. Ms. Berger is also a registered lobbyist. Ms. Berger formerly served as the Executive Director of CALL, the Community Association Leadership Lobby. Ms. Berger now serves as the Executive Director of the Community Advocacy Network (CAN), an advocacy initiative for those who live, serve and work in common interest ownership communities. Florida Trend Magazine recognized Ms. Berger in 2006 among its "Legal Elite" in the area of Community Association Law. This designation was based upon a poll of Florida attorneys, who selected peers in the top 2% of their respective practice areas. You can view her full bio on the firm's website. Donna has contributed her expert opinion and experience to the HOAleader.com articles below.
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HOA Rules and Free Speech: When Do Rules Restricting Speech Go Too Far?
October 2009
Could your homeowners association prohibit a resident from placing seven Marine Corps decals on his vehicle? That's what The Woodlands II on The Creek, an HOA in Dallas, has done, insisting that the Marine Corps decals on Frank Larison's car are advertisements that are prohibited by the association's governing documents. Here's advice on how far your HOA can go in restricting residents' free speech. . . . keep reading
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HOA Communications: How to Keep Your HOA Message Board Civil
October 2009
It seemed like such a great idea. Set up an online message board for your association residents, and they'll discuss community events and issues, and you'll build a sense of belonging. Then, some goofus started posting links to inappropriate videos as a joke. On top of that, members who run their own businesses started trying to generate business with posts that chat up their wares and services. The worst part is that some of your most controversial topics are generating heat, and tempers have flared. What's a board to do? Here's some guidance. . . . keep reading
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HOA Board Members: How to Avoid Being On Call 24-7
September 2009
Living in the same place that you volunteer as a board member means you're always visible and available through a simple knock on your door. And there's no question some owners take advantage of that accessibility. But being a board member doesn't have to be that way. Here are tips for setting boundaries so that members know that you and your fellow board members aren't your association's 24-hour resident managers. . . . keep reading
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Does Your HOA Have Unwritten "House Rules"?
June 26, 2009
We recently talked to two experts about the problems condos and homeowners associations run into when they rely on unwritten "house rules". If your HOA is in this position, this week's tip is specially for you. . . . keep reading
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Master Homeowners Associations: Is Your HOA Its Own Master?
June 2009
Imagine your surprise. You buy a home in a community knowing full well that you'll become a member of your local homeowners association only to learn that your homeowners association is really a subassociation and you're bound to follow the rules of a bigger "master" association. Here's a primer on master associations and how masters and subassociations, often called "subs," interact. . . . keep reading
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Do You Have Squatters in Your Homeowners Association?
June 2009
Take Back the Land is candid about what it calls its "housing liberation movement." Other groups are acting more secretively. The goal of all of these types of groups, however, is to break into houses abandoned as a result of today's foreclosure crisis and move in homeless families, with many of them returning to the very homes they've lost through foreclosure. . . . keep reading
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Protect Your HOA: Take Over for Delinquent Owners
May 8, 2009
Protect your condo or homeowners association before owners become delinquent on assessments. If you allow rentals, require that owners who rent their property but are delinquent in association fees or assessments allow the association to step in and demand that the tenant pay rent directly to the association. . . . keep reading
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HOA Security: A Few Lights Can Save Big Money
November 2008
One sure way to waste money in today's economy is to be sued for not protecting your residents because of inadequate lighting. Here's what you must know about the importance of lighting and the legal ramifications of ignoring potential lighting problems in your community. . . . keep reading
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Are You Ready to Speak to the Press on Behalf of Your HOA?
November 21, 2008
Speaking to the press can be challenging, especially if you haven't had formal training in media relations. We recently spoke to several attorneys who represent homeowners associations to get their tips on how HOA leaders can be ready when reporters call. . . . keep reading
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HOA Management: Be Prepared When Reporters Call
November 2008
If you're in a dispute with members, the last thing you need is bad press coverage that ratchets up the tension among neighbors and makes your association look like bullies. Here are suggestions for handling media requests, including knowing who should speak for your association and what should be said. . . . keep reading
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Quail Ridge Owners' Association
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Mark R. Benson
CAM, CMCA, AMS, PCAM
Past Chairman of the Florida Community Association Living Study Council
Past Member of the Regulatory Council of Community Association Managers
Past Vice-Chairman of the Advisory Council on Condominiums County Court Mediator
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