South Florida Attorneys Peter and Maria Sachs Travel to Italy, to Speak to Law Students at Univ. of Naples Federico II

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BOCA RATON , FL, USA, September 19, 2022 https://www.einpresswire.com/article/591672087/south-florida-attorneys-peter-and-maria-sachs-travel-to-italy-to-speak-to-law-students-at-univ-of-naples-federico-ii-- Peter Sachs, Board Certified Attorney and Founding Partner of Sachs Sax Caplan, P.L., a Boca Raton based law firm, and Maria Sachs, Palm Beach County Commissioner, Former Florida State Senator, and Criminal Defense Attorney, were hosted by the American Studies Center of Naples earlier this month in Naples, Italy, where they jointly spoke with Law Students at the University of Naples Federico II in Naples, Italy. Established in 1224, the University of Naples Federico II is the oldest public nonsectarian university in the world, and among the largest three in Italy in terms of faculty.The Sachs’ presented on a range of topics including the role of law and lawyers in the United States; a historical perspective connecting Italian to United States law; Florida condo law (its origins being tied to ancient Roman law); criminal law and the influence of media; and the business of running a law firm. Both Peter and Maria Sachs also shared their personal journeys. Peter speaking on his background as a first-generation immigrant with origins in a refugee camp just after the Holocaust and his beginnings as an attorney, and Maria, with Neapolitan origins, beginning her career in the service of Janet Reno, who later became the first woman to hold the position of U.S. Attorney General.“It was an honor to have the opportunity to address an audience of young aspiring Italian lawyers and speak about my personal experience leading Sachs Sax Caplan, a firm I founded five decades ago, as well as being a pioneer in Condominium and Community Association Law in Florida,” said Peter Sachs. “Maria and I are committed to future collaborative efforts with the faculty and the students here at the University of Naples Federico II.”Maria Sachs added: “I have always thought that my Neapolitan origins have constituted an advantage in my forensic and political career. This meeting with the students at University of Naples Federico II confirmed it. In the eyes of the students, as well as in their questions and observations, I found that same intelligence and curiosity that is typical of Neapolitan...

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Surfside Collapse Leads to Additional Scrutiny & Due Diligence from Mortgage Companies to Condominium Associations

danny

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...

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Sachs Sax Caplan Announces Edward S. Hammel as Equity Partner

Edward S. Hammel

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    

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Attorney Peter Sachs of Sachs Sax Caplan Awarded Lifetime Achievement Award by South Florida Business & Wealth (SFBW)

Lifetime Achievement Award SFBW

Board Certified Attorney Peter Sachs, who is founding partner and Chairman Emeritus of Sachs Sax Caplan, P.L., a Boca Raton based law firm, has been recognized by South Florida Business & Wealth (SFBW) with a Lifetime Achievement Award. Sachs received the award at SFBW’s annual Legal Awards, which were held at Fort Lauderdale’s Museum of Discovery and Science. The SFBW awards judge the nominee’s success, growth and professional accomplishments, as well as charitable and civic achievements.“As a child of survivors born in a refugee camp in Berlin, it was the goal of my parents to make sure I received a good education that had been denied to them,” said Sachs. “After graduating from Queens College, CUNY, performing military service and then graduating cum laude from Fordham Law School, I wanted to use my education and the opportunity it provided to help protect the freedoms and individual rights we enjoy in the best country in the world – the USA.”   "As a child of survivors born in a refugee camp in Berlin, it was the goal of my parents to make sure I received a good education that had been denied to them” - Peter Sachs of Sachs Sax Caplan, P.L. Sachs is a Founding Partner and Chairman Emeritus of Sachs Sax Caplan P.L. He is Board Certified in Condominium and Planned Development Law by the Florida Bar and through the years has handled a multitude of matters related to community associations (condominiums, cooperatives, homeowners, master and country clubs). He is one of the pioneers in the development of community association law and has earned a reputation as a staunch consumer rights advocate.Sachs received his B.A. from Queens College of the City University of New York and his J.D. from Fordham University School of Law. Sachs is Past Chair of the 15th Circuit Judicial Nominating Commission, Past President of the South Palm Beach County Bar Association, and a Past Member of the Board of Governors of The Florida Bar.He was a Gubernatorial Appointee to the Treasure Coast Regional Planning Council; Past President and Gubernatorial Appointee to the Florida Independent Living Council; Past Board...

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How to Enforce a Penalty for HOA Violations

brian

As community association attorneys, one of the problems we face quite often with our association clients is how to prevent violations of the governing documents and rules of the communities. How do we prevent the homeowner from painting their house pink? How do we prevent people from hanging towels outside on the common element rails and doing other things that really are violations of the rules and regulations and the governing documents? And what a lot of board members and managers don't realize is that associations are sort of mini-democracies. What does that mean, exactly? There's a certain level of “due process” that associations must follow if they're going to fine somebody or if they're going to suspend somebody’s right to use the pool, or their right to use the tennis court. And one of the things that's common among both the Condominium Act and the Homeowners Association Act, is the fact that an association must establish a committee of non-board member owners who will hear complaints that the board has imposed regarding violations of the governing documents. This group serves as an independent body that decides whether they're going to uphold or approve the board's actions and decisions in relation to imposing fines and suspensions. Furthermore, both Acts require that the owner who was in violation and subject to a board-levied fine or suspension be provided with at least 14 days’ notice as well as the opportunity to be heard before this committee to present their case. This gives the person in violation a chance to present their opinion and present their evidence of why they think that the fine and the suspension should not be imposed. Only then, when it's all said and done, can the committee ultimately decide whether to approve or reject the fine or suspension. What we often face as association lawyers are situations where perhaps that procedure wasn't followed, where a board or managers just decided that this person violated the governing documents, and the violating party all of a sudden has a $1,000 fine on their account. When they come to us to try...

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Sachs Sax Caplan, P.L. is proud to be recognized by The Florida Bar for our commitment to hiring and developing Board Certified Attorneys.