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Donna D. Berger, Esq.

Katzman Garfinkel & Berger
5297 West Copans Road
Margate, Florida 33063
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.

Open HOA Board Seat: Should You Appoint or Wait for an Election?
July 8, 2011
This week's tip gives you insight on how to fill a vacant seat on your homeowners association board of directors without creating headaches within your HOA. . . . keep reading

The Rules for Appointing Members to Your HOA Board of Directors
July 2011
One of your home owners association board members has been removed or resigned. How should you appoint a replacement, and what aspects of the process must be public or at least disclosed to members? Here's the lowdown. . . . keep reading

HOA Violence--Part 2: Common HOA Violence, and Your HOA's Duties
July 2011
HOAs aren't immune to violence, and your board has a duty to prevent it. In part one of this two-part series, we explained how to work with local first responders to minimize the risk of workplace and domestic violence at your HOA. Here, in part two, we discuss more common types of violence at HOAs and offer tips for preventing them from exploding. . . . keep reading

Homeowner Associations and Aging Owners: What HOA Boards Should Know
June 2011
As the population ages, your home owner association will likely face new challenges. What should your HOA board know about maintaining elderly owners' rights and privacy if they begin suffering from dementia, physical incapacitation, or inadequate support while preserving the rights of those owners' neighbors? Here, we provide guidance to help you begin addressing the age-old questions you'll face. . . . keep reading

HOA Management Companies: A Practical Guide for Homeowners Association Boards
In this exclusive HOA management special report, we offer insight and guidance on finding a good HOA manager and determining whether you need an onsite manager, must-have and must-not-have contract language, and tips for responding when your management company isn't doing its job, including guidance on when to cut ties or work toward a better relationship. We also educate going-it-alone boards on best practices for self-managed homeowners associations, and much, much more. . . . keep reading

What Should Your HOA Board Do After An Accident?
October 2010
In the middle of the night on Aug. 31, bricks began falling off the Carol Shire Commons condominium complex, according to the Carol Stream Press. By the time the fire department arrived, six decorative exterior balconies had collapsed. No injuries were reported, but 10 families were displaced. . . . keep reading

Selling HOA Common Elements and Giving Proceeds to Owners; Discussion Forum Follow-Up
October 2010
Our reader's question is seemingly simple: "Our small Texas property owners association is considering selling some unused common area land on which we pay taxes every year but do not use. Can the income be distributed to property owners, and how would the tax liability be handled?" . . . keep reading

HOA Transfer Fees: Changes May be in Store for Unit and Lot Transfer Fees
October 2010
Keep your eyes open if your homeowner association gets a fee each time a unit or lot changes hands--or you're thinking of implementing such a fee. They're under attack, and it may not be wise to rely on them as a revenue-generating tool for much longer. . . . keep reading

HOA Insurance Increases Getting You Down? 2 Tips To Help Cut Costs
October 22, 2010
In this week's tip, we aim to put a smile on your face by giving you two ways to fight back against insurance rate increases: . . . keep reading

HOA Insurance: 5 Tips for Saving Money on Insurance for Your Condo of Homeowners Association
October 2010
Are the insurance costs of your condo or homeowners association going up and up? Here, we provide five tips for keeping insurance costs down, including raising your deductible and reducing your policy limits, and explain the benefits and risks of each. . . . keep reading

Beware Conflicts When You Hire Board Members' Companies--Part 2
October 2010
When you recruit people to serve on your HOA board, experts recommend that you look for people--like lawyers and insurance brokers--with expertise that can help you make good decisions. . . . keep reading

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

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

HOA Financial Matters: How to Get Paid After You've Received a Court Judgment
October 2009
You've done the thankless task of suing an owner for delinquent fees, and your condo or homeowners association has been awarded a judgment. Well done! Now you have to collect, which can be harder than getting the judgment in the first place. Here are 6 ways you can turn your paper judgment into actual money. . . . keep reading

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

HOA Management Fees: Beware These Questionable Fees; How Your Association Can Address Them
September 2009
Here, White and other attorneys who represent associations reveal fees they've seen slipped into their clients' management contracts and invoices. They also offer tips for addressing them. . . . keep reading

More Headlines

HOA Finances:
Best Practices for Getting Your Homeowners Association through Difficult Economic Times

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Human Resources

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HOA Glossary

· Annual vote for directors and officers

· Help writing HOA rules -are there any samples?

· questions about someone forging your name

· inconsistent, unequal enforcement of rules & r

· public budget vote; changes behind closed doors

· Developer goes bankrupt unbuilt units foreclosed

· HOA laws, Davis-Stirling Enforcement?

· Maintenance priority for homes going on the market

· SURPLUS MONEY

· Recall one director

· Bylaws require owners First Lienor information

· Legal Committee's authority

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are saying ...

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Saundra Ragona
Quail Ridge Owners' Association

"We really appreciate your publication. It's as if you had a spy at our meetings and over hear our gripes :). Keep up the good work."

Cynthia Ramnarace
Palmer's Landing HOA

"This is a great service."

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

"I am a newly elect President of a small (10 units) HOA / Condo, and I am learning the business almost from scratch ... Thanks for your very valuable information."

Volodymyr (Vlad) Boryshpolov
1102 Avenue X HOA

"Thanks for all your great HOA tips! I am a new Board Secretary—your site is truly worth signing up for!"

Kathie Norris
Whispering Pines West HOA