Take It To The Board with Donna DiMaggio Berger

Donna DiMaggio Berger
  • 4.9 (36)
  • Society & Culture
  • Updated Biweekly

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!

  1. 2d ago

    How to Become a Much Better User of AI!

    Send us Fan Mail AI generated documents are already sitting in your inbox and maybe even your next board packet, and that’s exactly why we wanted a grounded, practical conversation on how to get the most out of your AI usage and avoid the common mistakes. On this week’s episode of Take It To The Board, host Donna DiMaggio Berger is joined by Thiago Ferreira, founder and CEO of Elevate AI Consulting and an instructor of human-centered AI at the University of Miami, to break down what these tools can actually do for boards, managers, vendors, and residents.   Donna and Thiago dig into the real shift from traditional Google searching to “zero-click” answers, why AI can sound incredibly confident while still being wrong, and the simplest mindset that keeps you safe: trust but verify. Thiago shares quick wins you can try right away, like using global instructions in ChatGPT or Claude to control tone and formatting, enabling the right connectors, and getting just enough training to stop “scratching the surface.”   Then they get into the work community association leaders care about most: clearer communication and better decisions. Donna and Thiago workshop a stronger prompt for a special assessment letter, explain how to stop AI from making dangerous assumptions, and talk through where AI helps versus where it creates risk. Together, they also cover privacy and confidentiality, including how to turn off model training, and why fiduciary duty means the final call a Board makes can never be “AI told me so.”  Conversation Highlights: How AI has moved from science fiction into everyday life for community associations, including ChatGPT, Claude and other large language models.Practical ways AI can help boards, managers, residents and association vendors save time and work more efficiently.The difference between generative AI and the AI tools people have already been using for years.Three simple AI tools or tasks beginners can try to immediately see its value.AI vs. Google: when to use each and why the distinction matters.The basics of writing better prompts without needing to become a “prompt engineer.”How to improve a common prompt, such as drafting a letter to condominium owners about a special assessment.Using AI to help volunteer board members prepare for meetings, organize information and manage packed agendas.Using AI to help community association managers manage email while keeping communications accurate, professional and personal.How residents can use AI to become more informed and constructive participants in community governance.AI efficiencies for engineers, contractors, accountants, attorneys, insurance professionals and other association vendors.Related Links: Article: Best Practices for Integrating AI in Florida Community Association ManagementArticle: Note Taking Automation: Fast AI Efficiency WinResource: FREE ChatGPT Power Hour WorkshopResource: Claude Power Hour Workshop

    How to Become a Much Better User of AI!

  2. Sep 2

    Hidden Workplace Dangers — Navigating Employment Risks for Community Associations

    Send us Fan Mail The biggest workplace are not always obvious. A ladder with broken rungs poses a risk; an employer with a hidden agenda is a less obvious danger.  In this episode of Take It To The Board, Becker shareholder Jamie B. Dokovna joins host Donna DiMaggio Berger to unpack the hidden employment risks facing condo associations, HOA boards and community association management companies—and how seemingly small decisions can lead to significant liability. Donna and Jamie dig into the rise of AI generated labor complaints and why “garbage in, garbage out” can still create serious risk for employers. Jamie breaks down what employment laws can apply based on headcount, including OSHA, FLSA wage and hour rules, ADA accommodations, Title VII discrimination, ADEA, and FMLA.  They also tackle a common—and costly—misperception: that associations are protected because their staff technically work for the management company. When boards direct employees, drive performance reviews or participate in discipline, joint-employer arguments may follow. From there they move into real world safety issues that are easy to underestimate: extreme heat protocols for outdoor staff, hurricane and storm policies that balance community needs with employee safety, and secondhand smoke and air quality as workplace conditions. They also talk about resident driven harassment, recording and filming in the workplace, civility rules that give associations enforcement teeth, and the high stakes of threats and violence in a state with broad gun laws. Donna and Jamie close with mental health accommodations, support animals at work, social media boundaries, remote work injuries, and the one update almost every employer needs: a current handbook. Conversation Highlights: The employment risks community associations may overlook, from workplace harassment and extreme heat to threats of violence and mental health concernsUnderstanding which federal and state employment laws apply to associations, management companies and vendors—and how those obligations can vary by employer sizeWhat associations should know about protecting outdoor employees, including landscaping, maintenance, valet and security staff, from heat-related illnessHow associations can prepare policies that balance community needs with employee safety before, during and after a stormWhen exposure to cigarette or marijuana smoke can become a workplace safety or disability accommodation issueNavigating Florida’s evolving gun laws while developing policies and procedures to prevent and respond to workplace threatsWhat employers should consider when cameras, wearable devices and recordings are used in the workplaceUnderstanding an employer’s responsibilities when employees request accommodations for mental health conditions or want to bring an emotional support animal to workHow Florida’s medical marijuana laws affect drug testing, workplace policies and prohibitions against working while impairedThe emerging employment risks of artificial intelligence, including AI-generated discrimination complaints and AI's potential to impact hiring, discipline, and other employment decisionsRelated Links: Podcast: HR Hacks with Jamie Dokovna Part IPodcast: HR Hacks with Jamie Dokovna Part IIArticle: Managing Your PersonnelOnline Class: Dealing With Difficult People

    Hidden Workplace Dangers — Navigating Employment Risks for Community Associations

  3. Aug 19

    SUMMER SERIES: Fan Favorite – The Impact of Construction Next Door on Your Community with Katie Berkey, AICP, Becker & Poliakoff

    Send us Fan Mail This week, Becker Shareholder Kathleen “Katie” Berkey, AICP, sits down with Donna DiMaggio Berger and explains how she helps clients deal with all sorts of issues related to their property. As Mark Twain once said, “Buy land, they’re not making it anymore,” and truer words have never been spoken. Land remains invaluable and there is often a developer looking to build, renovate, or demolish any given property. When a project like this commences, it can bring a host of headaches and trouble to those living next door. Katie Berkey is a Florida Bar Board Certified Specialist in City, County, and Local Government Law and is a certified Professional Planner by the American Institute of Certified Planners. Katie is the only practicing professional to hold both credentials in Southwest Florida and one of eight statewide. She represents clients in zoning, land use, and planning matters and represents clients in local government administrative matters before city and county commissions, councils, and boards. Katie has been recognized by various publications and organizations as one of the best lawyers in America, a Florida Rising Star, a member of the Legal Elite, a Legal Up & Comer, one of the Top 40 Under 40, and Woman of the Year! Conversation highlights include: How can volunteer boards, managers, and association residents stay alert to possible land use changes in their vicinity?How to determine if a proposed new development presents an incompatible commercial use with the existing neighborhood?What are typical deal points in a shared use agreement with a developer?How prevalent is the NIMBY (Not in My Backyard) mindset?What kind of next-door development do people fear the most?Why do local building departments often cite the association for certain violations when it might be the owners who created the violation without the association’s knowledge or consent?Who should attend a municipal or county Code Enforcement hearing with an attorney?What can be done when a city wants to repave streets in a community or enforce traffic violations but is requiring an onerous indemnification agreement from the association?BONUS: Katie discusses various valuable resources for working moms and discusses her work with the Mother’s Milk Bank of Florida. Related Links: Article: “‘NIMBY’ to ‘YIMBY’” – FCAP Managers Report Article: Mind the Invisible Lines: Easements Every Board Encounters Online Class: Board Certification: Condo/Co-Op 4-HourOnline Class: Board Certification: HOA 4-Hour

    SUMMER SERIES: Fan Favorite – The Impact of Construction Next Door on Your Community with Katie Berkey, AICP, Becker & Poliakoff

  4. Aug 5

    SUMMER SERIES: Fan Favorite – CERTified Safe: Empowering Community Associations with Dr. Jesse P. Spearo

    Send us Fan Mail Can ordinary citizens become heroes during a disaster? Discover how Community Emergency Response Teams (CERTs) help everyday people play essential roles in emergency situations. Join Take It To The Board host Donna DiMaggio Berger and guest Dr. Jesse P. Spearo, the Emergency Management Administrator for Miami-Dade County, as they share insights into how CERT volunteers provide critical support, from coordinating community events to distributing supplies during major incidents. Donna and Dr. Spearo delve into the activation and organization of CERTs through Emergency Operations Centers, illustrating how trained volunteers are mobilized to support first responders and assist community residents until first responders can arrive on the scene. They discuss their crucial duties, including distributing food and water, conducting damage assessments, taking preliminary life safety measures with the injured and handling specific regional hazards like hurricanes, flooding, and heat emergencies. Listen to compelling stories of how CERTs have made significant impacts, including the success of Teen CERT initiatives and the integration of these programs into school curriculums. In their conversation, they explore the structure and operations of CERT teams, highlighting the Incident Command System (ICS), leadership roles, and the importance of continuous training. They also touch on the legal protections and medical coverage provided to volunteers under the Good Samaritan Law. Wrapping up, Dr. Spearo shares his journey into emergency management and offers practical advice on supporting emergency efforts. Tune in to learn about future trends in the field and how you can get involved in making your community more resilient. Conversation Highlights Include: Types of emergencies or disasters CERTs typically respond toVolunteer training and costsKey roles within a CERT teamHow CERT members are deployed during an emergencyCommunication channels used by CERT membersHow CERTs integrate with professional emergency servicesCERT members and liability in Miami-DadeCERT equipmentSteps for a condominium or HOA interested in setting up a CERTRelated Links: Podcast: Surviving the Storm: A Journey Through Hurricane Ian and Beyond with Joseph E. Adams, Becker & PoliakoffPodcast: Keeping Cool With Jane Gilbert, Chief Heat Officer, Miami-Dade CountyResources: CERT Training Information

    SUMMER SERIES: Fan Favorite – CERTified Safe: Empowering Community Associations with Dr. Jesse P. Spearo

  5. Jul 22

    Behind the Scenes of Community Management -- What Every Board Should Know

    Send us Fan Mail Your management company is involved in almost everything that happens in your community association, yet most boards only see a small slice of what’s going on behind the scenes. In this week’s episode of Take It To The Board, host Donna DiMaggio Berger sits down with Mara Jockers, in-house counsel for FirstService Residential, to get the management company perspective on governance, compliance, contracts, perpetual legislative change and the real-world risks that keep both boards and their management team up at night! Donna and Mara start with a practical reality that gets misunderstood all the time: management company counsel represents the management company, not the association. From there, they unpack what in-house counsel handles day to day, from management contracts and vendor issues to claims, litigation, subpoenas, and training teams to prevent problems before they escalate. They also talk about workplace safety and rising incivility, including what to do when residents cross the line, why documentation matters, and how simple operational changes can protect on-site staff. Then they zoom in on what makes a high-functioning board-manager relationship: clear roles, clear expectations, and a contract that matches the community’s needs. Donna and Mara cover non-negotiable provisions like indemnification and insurance, how agency law affects responsibility, and what trends are driving disputes, including personal injury claims, environmental and mold allegations, and housing-related complaints that can drag managers into conflict. They also look at smooth transitions between management companies, hurricane preparedness planning, and how AI in property management could reduce admin work so managers can focus on judgment, planning, and relationships. Conversation Highlights Include: What management companies really do behind the scenesThe legal issues keeping community managers up at nightBreaking down the fine print in management contractsWhy indemnification and insurance provisions are more important than everBuilding stronger partnerships between boards and managersAvoiding common mistakes that create risk for associationsNavigating legislative changes, litigation, and rising homeowner expectationsManaging through hurricanes, emergencies, and unexpected crisesDebunking common myths about community managementThe future of AI and technology in the property management industryRelated Links: Podcast: The Power Hour For HOA Leaders, with Organizational Strategist Dr. Edward GurowitzResource: First Service Residential Resources for Florida Community AssociationsArticle: Q&A: Becker’s Nataly Gutierrez Vazquez Discusses Today’s Community Association Landscape

    Behind the Scenes of Community Management -- What Every Board Should Know

  6. Jul 8

    SUMMER SERIES: Fan Favorite – Keeping Cool With Jane Gilbert, Chief Heat Officer, Miami-Dade County

    Send us Fan Mail It’s common knowledge that Florida is one of the hottest markets in the U.S. – whether you’re considering a personal lifestyle upgrade or a new environment for your business. But that influx of people and industry, coupled with the state’s numerous sunny days, is a recipe for an extreme heat event and can spell disaster for an unprepared infrastructure. Host Donna DiMaggio Berger and featured guest Jane Gilbert – the world’s first Chief Heat Officer – explore the dangers posed by extreme heat in highly urbanized areas and discuss how municipalities around the world are collaborating on solutions to protect both present-day and future communities.   Highlights include:  How Jane’s recent experience as a Chief Resiliency Officer prepared her to serve as the first-ever Chief Heat Officer and what this new role means for communities in Florida and beyond;Defining the ‘urban heat island’ and how the green street vision for Miami-Dade helps reduce this;Why awareness of the risk associated with extreme heat needs to be increased and whether naming heat waves would emphasize the importance of safety during rising temperatures;How community association boards can adjust governing documents to encourage energy efficient practices – green spaces, reflective roof surfaces, upgraded A/C units, indoor/outdoor lighting choices, building weatherization, etc.;Strategies when considering how to address the disproportionate impact of heat waves on already vulnerable communities, including seniors on fixed incomes, socio-economically disadvantaged, etc.;Expansion of existing directives to ensure evacuation shelters have adequate backup power for cooling in the event of a widespread outage;The connection between extreme heat and rising sea levels, and how Florida has integrated its climate action strategies to address both;How community associations, local businesses, and incoming corporations can collaborate with Jane’s office to identify ways to protect outdoor workers in the construction, tourism, trade & logistics, public safety industries; and so much more. BONUS: Donna and Jane share a little about what to expect from the county’s three-year action plan, scheduled for release in May 2022 and recommend viewing the Miami-Dade County’s Extreme Heat Toolkit for ways you can stay safe in South Florida.  Related Links: Podcast: We’re Having a Heat Wave – The Physical and Mental Impacts from Extreme Heat and What Your Community Should Do with Dr. Jason Mansour, Medical Director at Broward Health Medical Center’s Emergency DepartmentResource: Extreme Heat Action PlanArticle: Preparing for Extreme Heat: The New Natural Disaster

    SUMMER SERIES: Fan Favorite – Keeping Cool With Jane Gilbert, Chief Heat Officer, Miami-Dade County

  7. Jun 24

    SUMMER SERIES: Fan Favorite - Eyes Everywhere – Understanding Community Surveillance Options with Louis DiGioia of IC Real Time

    Send us Fan Mail Ever wondered how a camera can pick out a face in the crowd or if that gym security camera is a watchful guardian or an intrusive eye? Discover the intricate dance between security and privacy in our neighborhoods, as host, Donna DiMaggio Berger, sits down with guest Louis DiGioia from IC Real Time. They shed light on the advanced technology that's safeguarding our communities, from the sharpness of high-resolution cameras to the stealth of thermal imaging. Dive into the heart of today's surveillance systems and find out just how much protection they can offer to your community association, without crossing the fine line into privacy infringement. Donna and Louis dissect the nuances of surveillance in communal spaces and the crucial role of legal and insurance advice in protecting your association from potential liability. They also discuss the art of deterrence through smartly positioned signage and robust camera coverage, ensuring you're informed about the best practices for maintaining both security and peace of mind. Zooming in on the future of surveillance, they navigate through the legalities and ethics of facial recognition technology. Donna and Louis also break down the storage puzzle, evaluating network video recorders against cloud-based solutions. For community associations eyeing a surveillance upgrade, this conversation is packed with insights you simply can't afford to miss. Conversation Highlights Include: Viewing range of cameras How to address privacy concerns for cameras in common areas, like pools and gymsThe options boards have in terms of monitoring camera footageBest practices for storing recorded footageFacial recognition technology and the safeguards in place to protect privacyHow many cameras are needed for adequate security coverage and what considerations go into location decisionsNight vision technology Differences between wired and wireless security camera systems Individual doorbell cameras such as Ring or Nest in communitiesRelated Links: Podcast: Screening Vendors and Service People for Enhanced SecurityArticle: Installing Security Cameras In Your CondominiumResource: IC Real Time

    SUMMER SERIES: Fan Favorite - Eyes Everywhere – Understanding Community Surveillance Options with Louis DiGioia of IC Real Time

  8. Jun 10

    How to Run HOA Meetings That Build Trust, Not Tension

    Send us Fan Mail The fastest way to damage trust and delay or derail association operations is to conduct meetings that feel chaotic, secretive, or unsafe. In this episode of Take It To The Board, host Donna DiMaggio Berger is joined by producer Claude Jennings as she walks listeners through the practical mechanics of conducting effective board, committee, and membership meetings. Important takeaways include: starting and ending on time; choosing the right person to chair the meeting; sticking to a clear agenda; and setting expectations that respect people’s time.    Donna also discusses the issues that usually spark drama: refusing to address the elephant in the room, letting misinformation spread, and trying to “translate” technical reports when professional advisors should present that information. Whether you’re dealing with amendments, engineering reports, covenant enforcement or maintenance/improvement projects, Donna explains why your best safety net is bringing the appropriate expert into the room and why the most powerful words can sometimes be, “I don’t know, I’ll follow up.” For virtual and hybrid HOA meetings, she covers tech checks, naming expectations for owner devices, whether chat should be disabled, and how meeting recordings can shape your community’s reputation and even property values.    Then Donna tackles the harder cases: what counts as a de facto meeting when a quorum of directors discuss association business outside a duly noticed meeting, when closed meetings are permissible and how to respond when meetings go off the rails. You’ll learn the concrete strategies to employ such as participation rules, civility codes, and even police presence as needed. Conversation Highlights: Setting realistic meeting timesPreparing remarks on tough topicsAddressing the elephant in the room and correcting misinformation calmlyAvoiding “playing expert” and bringing in engineers, accountants, lawyers when neededRunning Zoom and hybrid meetings with clear guardrails on chat, cameras, and recordingsUnderstanding de facto meetings when a quorum talks business informallyKnowing when closed meetings are allowed and why notice still mattersUsing owner participation rules, civility codes, and defined scope of authority for committees to prevent derailmentRelated Links: Podcast: Mind Your Manners: Restoring Respect in Condo, Cooperative and HOA CommunitiesPodcast: A Board Members’ Guide to Unexpected Issues – Your Questions AnsweredArticle: Maintaining Order—Managing Conflict in Community Associations

    How to Run HOA Meetings That Build Trust, Not Tension
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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!

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