Community Association Law - Condominiums

Sachs Sax Caplan becomes first client in new "Shred it and Forget it" program providing job opportunities for individuals with disabilities. The Delray Sun and Jewish Journal featured this new community opportunity.  Read More Below.     

As we pointed out in an earlier column, one of the direct side effects of the tragic Champlain South Tower collapse was the additional scrutiny and due diligence that mortgage companies were going to apply before issuing mortgages in condominiums. At that time, Federal National Mortgage Association (“Fannie Mae”) issued Lender Letter (LL-2021-14), titled Temporary Requirements for Condo and Co-op Projects, which imposed new “temporary” rules and restrictions pertaining to Fannie Mae’s purchase of loans from primary lenders on the secondary market. These new requirements went into effect on January 1, 2022. What has resulted since is the requirement that any mortgage servicer who wishes to write a mortgage that may eventually be sold on the secondary market must create robust questionnaires for associations to answer before a mortgage will be issued. The problem now is that condominium associations are receiving these questionnaires, and due to the breadth and scope of the questions, are unsure on how to answer. For example, the following examples may be found on questionnaires: Are there any conditions, project wide, regarding deferred maintenance (within the past 5 years) which may negatively impact the safety, structural soundness, habitability, or functional use of any individual unit or the project as a whole?If a unit is taken over in foreclosure, what is the maximum number of months of assessments for which the lender is responsible?What amount is currently in reserves?Is it anticipated that the project will have code enforcement violations in the future? andAre there any planned special assessments in the future? While we understand that the scope of these questions is based upon determining whether the structure of the building is sound, and that the association is in good financial footing, the reality is that many of these types of questions require a nuanced response. A response could impose significant liability to the association if answered incorrectly. §718.116(8), Florida Statutes contains the questions that an association is required to respond to for an estoppel certificate. These questions are more in the nature of, how much are the assessments, and how often are they paid, or is there a...

Friend of Sachs Sax Caplan, Ben Ferencz, was the Chief Prosecutor in the Nuremberg War Crimes Trials, which held the Nazis accountable for the Holocaust, and is the last living prosecutor of the trials. About Benjamin Ferencz A Former Prosecutor at the Nuremberg War Crimes Trial Benjamin B. Ferencz was born in the Carpathian Mountains of Transylvania in 1920. When he was ten months old his family moved to America. His earliest memories are of his small basement apartment in a Manhattan district - appropriately referred to as "Hell's Kitchen." Even at an early age, he felt a deep yearning for universal friendship and world peace. A World War After Ben graduated from Harvard Law School in 1943, he joined an anti-aircraft artillery battalion preparing for the invasion of France. As an enlisted man under General Patton, he fought in most of the major campaigns in Europe. As Nazi atrocities were uncovered, he was transferred to a newly created War Crimes Branch of the Army to gather evidence of Nazi brutality and apprehend the criminals. In his 1988 book, Planethood, Ferencz writes: “Indelibly seared into my memory are the scenes I witnessed while liberating these centers of death and destruction. Camps like Buchenwald, Mauthausen, and Dachau are vividly imprinted in my mind's eye. Even today, when I close my eyes, I witness a deadly vision I can never forget-the crematoria aglow with the fire of burning flesh, the mounds of emaciated corpses stacked like cordwood waiting to be burned.... I had peered into Hell.” A Post-War Mission On the day after Christmas 1945, Ferencz was honorably discharged from the U.S. Army with the rank of Sergeant of Infantry. He returned to New York and prepared to practice law. Shortly thereafter, he was recruited for the Nuremberg war crimes trials. The International Military Tribunal prosecution against German Field Marshal, Herman Goering and other leading Nazis was already in progress under the leadership the American Prosecutor, Robert M. Jackson on leave from the US Supreme Court. The U.S. had decided to prosecute a broad cross section of Nazi criminals once the trial against...

The Sun Sentinel featured founding partner Peter S. Sachs as he shares the necessary condo safety reforms.  Read more below 

Shred It & Forget It:The Story Behind the New Program That Helps Put Individuals with Disabilities Back to Work   When Sachs Sax Caplan decided to go digital in mid 2021, we knew we would first need to safely dispose of all print materials. The safest way to do so?Shredding. Lots of it. Peter Sachs, attorney and founding partner at Sachs Sax Caplan, also knew about the growing need for employment for individuals with intellectual and developmental disabilities. JARC Florida, a non-profit in Boca Raton that provides residential homes as well as programs and services to educate and empower adults with intellectual and developmental disabilities provided us just the assistance we needed. Sachs presented the idea to JARC Florida: How about we create a shredding department within the Community Works program at JARC. JARC’s Community Works program, which has been around for over six years, provides vocational training opportunities for its clients so they can learn skills, receive paychecks and feel prideful about having a job. Many of those clients then go out into the community to find employment locally.  After a trial period in the Fall, where JARC clients learned how to properly shred paper documents, including removing staples, stacking and pushing through the shredding machine – avoiding back-ups, JARC Florida was ready to launch this new service to the masses. Their first client? Sachs Sax Caplan law firm of course.  Now the “Shred it and Forget It” Service is available at JARC. To date, JARC has shredded more than 4,000 lbs. of documents. How can you get involved? Drop your documents off at JARC for confidential shredding services at 75 cents per pound. JARC is also seeking out more businesses to join the organization’s Community Works Program. 

Principal Edward S. Hammel, was recognized for becoming equity partner at the firm by The Sun Sentinel and The Palm Beach Post.           

Edward S. Hammel was made Equity Partner at Sachs Sax Caplan in the Community Associations Group and is Board Certified in Condominium and Planned Development Law. Mr. Hammel represents a variety of homeowner and condominium associations, as well as private clubs, commercial and residential real estate developers, owners, and professional management organizations.Mr. Hammel received his B.S. in Political Science from Barry University and his J.D. from Western Michigan University - Cooley Law School. Mr. Hammel is a Past Member of the City of Coconut Creek Planning & Zoning Board and is a frequent volunteer with Coconut Creek Little League Baseball Club, Inc. Read more here: https://www.einpresswire.com/article/569579132/sachs-sax-caplan-announces-edward-s-hammel-as-equity-partner    

  Real Estate Attorney Daniel Kaskel shares tips for starting a new business in South Florida with WPTV.    Contact us for help with the legal documents required: https://ssclawfirm.com/contact Learn the tips to start your business here:  

Founding partner Peter Sachs talks to CBS 12 about structural integrity and safety 7 months after the Surfside condo collapse. Hear more: 

The Sun Sentinel featured founding partner Peter S. Sachs as he calls on municipalities to prevent another surfside disaster   Read more below   

Samuel J. Levine  was featured in the The Palm Beach Post as a new associate at Sachs, Sax and Caplan.  Learn more about Samuel  including how to work with him here: https://ssclawfirm.com/samuel-levine?view=employee&id=45        

Peter Sachs, founding partner and chairman emeritus was recognized by The Palm Beach Post and Palm Beach County Bar Association Bulletin.         

Meet the four new attorneys and the rest of our experienced team https://ssclawfirm.com/experienced-attorneys  

Attorney Daniel Kaskel discusses transfer taxes with the Dallas Morning News. Read more below on what you need to know when selling your property.         

Louis Caplan was featured in the Sun Sentinel as the new managing partner of Sachs, Sax and Caplan. Learn more about Louis including how to work with him here: https://ssclawfirm.com/louis-caplan?view=employee&id=4