Saturday, February 27, 2010

Condo and HOA Law by Donna DiMaggio Berger, Esq.

Condo and HOA Law by Donna DiMaggio Berger, Esq.
Now, where do you think Donna Berger got the idea for the layout of her condo law weblog? Hmmmm.
Thanks to Fred Pilot for pointing this out.


Fred Pilot said...

What's that saying about imitation and flattery? :)

Evan McKenzie said...

It's the sincerest form. Sincerely.
Next she'll go out and get her picture taken in something that looks like my favorite shirt.

Evan McKenzie said...
This comment has been removed by the author.
Anonymous Homeowner said...

"Monday, February 15, 2010
Warn your association members about scams."

If we're going to discuss scams, perhaps she could start with the HOA system as it currently exists in America today, with it's predatory board members, property management companies, and attorneys which regard homeowners as cattle to be milked for as much revenue as possible?

Their self-proclaimed concern for "community" and "neighbors" should be taken at the same value as a rancher's concern for the well-being of his herd.

Anonymous said...

Ms. Berger should not be surprised to receive a bill for your design of her website?

You should also be reminded that CAI Law Seminar sessions have been devoted to this very same sort of topic. It may be of interest to you if one would go back and look those session titles up.

Suffice it to say, the advice being given to young attorneys is to simply gather up as many domain names that are even remotely close to yours and those of your adversaries, and then do all that you can do to make sure that when a person searches any topic, or legal issues that are even remotely close, that their site is ahead of yours and all the rest.

I believe you will find that Frank Rathbun, CAI's Director of Public Relations or some such title, was responsible for presenting the original session suggesting this interesting idea.

Anonymous said...

Mr. McKenzie, Could you please check the label on that favorite blue striped flannel shirt of yours so that we may all send Donna a shirt just like yours. The glasses too?They can put plain fake lenses in for her.

For us in Florida this her plagarized website is not such a big surprise. Flannel shirt? That might not be something she and her friends in Ft. Lauderdale own the firm of much of at Katzman, Garfinkel and Rosenbaum? Silk ties maybe? Not much flannel with Al Gore in Florida around these days.

Maybe Tom Skiba or Frank Rathbun suggested she copy your winning style? Discovery would be quite illuminating?

Evan McKenzie said...

Thanks for the idea! I located the shirt and posted a photo of the label.

Anonymous said...

"Your home is your castle except in a community association."

- Donna D. Berger, Esq.
October 29, 2009

Anonymous said...

In her profile, Ms. Berger states that her favorite movies are

* Braveheart
* Gladiator
* Field of Dreams
* The Patriot
* anything with a war or a struggle.

I don't think an HOA would have allowed Kevin Costner's chracter to "build it" in Field of Dreams.

Mel Gibson's character in both Braveheart and Patriot would not have given up their freedom to ensure that their neighbors kept their lawns well manicured. They just wanted to be left alone.

On the other hand, Russel Crowe's character in Gladiator, while the protagonist, was an agent of an empire where most people were disenfranchised. It's possible that General Maximus employed slaves on his estate. Whether that estate was part of a RHOA (Roman Homeowners Association) is not clear.

Anonymous said...

Imagine that--someone else happened to use the same color scheme as you did. Do you really think she needs your help? You have a highly inflated sense of self, if that is what you think.

William Wallace said...

And dying in your beds, many years from now, would you be willin' to trade ALL the days, from this day to that, for one chance, just one chance, to come back here and tell our HOA Board of Directors that they may take our freedom (as agreed to in the CC&Rs), but they'll never take... OUR PROPERTY VALUES!

Ray Kinsella's HOA said...


Build it, and you will be fined $100, with $25 per month late fees, attorney's fees, and a lien placed on your property. After 45 days, we will begin foreclosure proceedings.

Anonymous said...

The site is using a different template now.

New look, same communist propaganda and authoritarian content.

PS - And double-think, as in her "Common Myths Surrounding Community Associations!" (Nov. 18, 2010):

An association attorney’s client is the not-for-profit corporate entity or association which is naturally made up of the membership; the client is not the board or particular directors.


the meeting must be properly noticed to the members with a line item revealing that it will be closed for the purpose of discussing proposed or pending litigation

Homeowners are members of the client but can be excluded from board meetings if attorneys are present.

The idea that the association, and not the board, is the clients of the attorneys is a convenient legal fiction that ignores reality.

In some alternate history universe, many of these HOA lawyers have great careers at Pravda, Izvestya, and TASS.