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Take It To The Board with Donna DiMaggio Berger

Take It To The Board with Donna DiMaggio Berger

De: Donna DiMaggio Berger
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Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly! Take It to the Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle. If you've got questions, Take It To The Board with Donna DiMaggio Berger - We Speak Condo & HOA!© 2026 Take It To The Board with Donna DiMaggio Berger Ciencias Sociales Economía Política y Gobierno
Episodios
  • What Boards and Managers Need to Know About Residents Aging in Place
    Apr 15 2026

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    If your community is well run, chances are you have residents who have remained in place for decades but with more condominium and HOA owners choosing to age in place, the services you provide and the manner in which you operate your community naturally must change. 24 hour access for caregivers, nurses, and aides and the need for uninterrupted electricity to power life saving devices all bring new concerns. So, what should boards and managers do when care becomes part of the everyday community association lifestyle, and how can families avoid a crisis-driven scramble to ensure care for loved ones?

    In this week’s episode, host Donna DiMaggio Berger sits down with Jacque Scherfer, Vice President of Best Care Nurses Registry in South Florida, to map out what in-home health care actually looks like, from ADL support with a home health aide to private duty nursing for complex medical needs. They also get candid about continuity of care, why the same caregiver can be a safety net, and the signs families should watch for like falls, medication issues, and slipping hygiene. Along the way, they talk cost, long-term care insurance, elimination periods, and why Medicare usually isn’t the answer for ongoing custodial care.

    These in-home solutions also come with a host of condominium, cooperative and HOA realities: parking headaches, security access, privacy boundaries with worried neighbors, and hurricane season planning when someone relies on daily support. Donna and Jacque also share what legitimate screening looks like, including Level 2 FBI background checks and license verification, plus why “hiring privately” can backfire when coverage collapses.

    Conversation Highlights: Conversation Highlights:

    • What in-home healthcare really involves—and how it supports aging in place
    • Early signs it may be time to consider in-home care for a loved one
    • The most common services families seek from in-home caregivers
    • The benefits and challenges of community living for seniors
    • How caregiver schedules work and what communities should expect
    • How reputable agencies screen, train, and staff caregivers
    • What boards and neighbors should know about background checks, licensing, and insurance
    • Common issues in associations involving caregivers—parking, access, and building logistics
    • How boards and managers can reduce friction between caregivers and staff
    • Warning signs of elder abuse and financial exploitation every community should recognize
    • The risks of hiring caregivers independently vs. through an agency
    • What role boards and managers should (and shouldn’t) play when residents are struggling
    • Emergency planning: what happens if caregivers can’t reach clients during disasters

    Related Links:

    • Podcast: Are “55 and Older” Communities Still In Demand? What Must Be Done to Preserve Your Senior Lifestyle? An Engaging Discussion with Mark Friedman, Becker & Poliakoff
    • Resource: Home Care FAQ
    • Article: 55+ Communities – Do I Still Need a Survey Every 2 Years?
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    47 m
  • What a Bank Loan Can and Cannot Do For Your Association
    Apr 1 2026

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    The hardest part of running a community association right now is that the bills are getting bigger while the margin for error is getting smaller. Insurance costs keep climbing, buildings are aging, milestone inspections and reserve funding expectations persist, and boards are being asked to approve projects that can cost millions of dollars. So how do you fund critical repairs without triggering financial chaos for owners or inviting fraud and mismanagement?

    In this week’s episode of Take It To The Board, host Donna DiMaggio Berger sits down with Meghan Hallinan, Executive Vice President and Managing Director of National HOA and Property Management Banking at BankUnited, to get a lender’s view of community association financing. Donna and Meghan walk through how community association loans really work when there is no physical collateral, why incoming assessments and the community’s financial track record matter so much, and what red flags can stop a deal in its tracks. They also explain why banks look beyond a single project and want to understand your reserve study, your upcoming capital plan, and whether your owners can absorb the budgetary increase.

    They also dig into the operational side: draw schedules on construction-style funding, the role of project managers and inspections, and how boards can avoid common breakdowns when leadership changes mid-project. Then Donna and Meghan shift to risk and controls, including the difference between a term loan and a line of credit for HOAs on balanced budgets, how litigation can affect lending decisions, what to know about the Fannie Mae's “blacklist,” and the fraud prevention tools every association should treat as non-negotiable, including positive pay and ACH controls.

    If you serve on a board, manage communities, or advise associations, this conversation will help you build a realistic financing plan and protect your funds at the same time.

    Conversation Highlights:

    • How banks’ views of community associations have shifted—and what’s driving the change
    • What lenders evaluate first—before the numbers even come into play
    • The biggest misconceptions boards have about borrowing—and why they matter
    • Common deal breakers: delinquencies, underfunded reserves, governance issues, and deferred maintenance
    • The Fannie Mae Blacklist explained—and what it really means for your community
    • Loan vs. line of credit: how to choose the right financing tool
    • Why reserve funding is under increased scrutiny—and how it impacts borrowing
    • What a “financially responsible” board looks like from a lender’s perspective
    • The most common fraud red flags banks are seeing in community associations
    • Internal controls every association should have—and where boards often fall short
    • How banks can partner with associations to help prevent fraud
    • Non-negotiable best practices to safeguard association funds
    • What boards should be doing now to become more attractive borrowers
    • The mindset shift every board needs when it comes to financial decision-making

    Related Links:

    • Podcast: Show Me the Money: Investment Strategies with Michael Coady and Kenny Polcari of Slatestone Wealth
    • Online Class: Budgeting & Reserves
    • Resource: 5 Ways HOAs Can Prevent Financial Fraud
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    45 m
  • Why, When and How to Update Your Governing Documents
    Mar 18 2026

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    Outdated governing documents can leave associations enforcing rules written for a different era—leading to confusion, conflict, and unnecessary legal risk. In this episode of Take It To The Board, host Donna DiMaggio Berger is joined by Becker shareholder Nataly Gutierrez Vazquez, a Florida Bar board-certified specialist in condominium and planned development law, to break down what happens when documents fall behind—from obsolete developer provisions to vague standards and evolving statutes that create enforcement gray areas.

    Donna and Nataly outline a practical roadmap for updating declarations, bylaws, articles and rules, including how to recognize when it’s time to act, build community support through workshops and town halls, and position a rewrite as smart risk management—not a power grab. They also explore when targeted amendments make sense versus when a full rewrite is the better path.

    The conversation also tackles key documentary risk areas: AI-generated amendments, Document Rewrite Committees, Kaufman language, termination thresholds post-Biscayne 21, amendment challenges in mixed-use communities, addressing and defining scrivener’s errors, and removing outdated or unlawful restrictions that can impact trust and resale value. Whether you’re a board member, community manager, or advisor, this episode offers a clear, practical framework for modernizing your documents and strengthening your community.

    Conversation Highlights:

    • When is it time to update your governing documents—and what red flags boards should never ignore
    • The real risks of operating under decades-old documents
    • Should you form a Document Rewrite Committee? What works, what doesn’t, and how to avoid derailment
    • How often governing documents conflict with state statutes—and why that matters
    • Spot amendments vs. full rewrites: how to decide what’s right for your community
    • The hidden risks of repeatedly patching outdated documents
    • When (and why) to lower amendment thresholds before a full rewrite—and the risks involved
    • Kaufman language explained: what it is, why it matters, and where its limits lie
    • Budget-conscious strategies for updating documents—and which amendments deliver the biggest impact
    • Condo termination provisions in the spotlight: lessons from Florida's landmark Biscayne 21 case
    • Removing outdated discriminatory covenants and unwinding illegal restrictions
    • The reputational risks of leaving problematic provisions on record
    • Can you future-proof your documents—or will history repeat itself?
    • First steps: what boards should do right now if their documents are outdated

    Related Links:

    • Podcast: A Board Members’ Guide to Unexpected Issues – Your Questions Answered
    • Online Class: Rewriting Your Documents from Start to Finish
    • Article: Making It Easier to Amend Governing Documents
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    49 m
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