Take It To The Board with Donna DiMaggio Berger

Hosted by Donna DiMaggio Berger

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132

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Aug 2026

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About the show

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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September 2, 20261 hr 0 min

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 concerns Understanding which federal and state employment laws apply to associations, management companies and vendors—and how those obligations can vary by employer size What associations should know about protecting outdoor employees, including landscaping, maintenance, valet and security staff, from heat-related illness How associations can prepare policies that balance community needs with employee safety before, during and after a storm When exposure to cigarette or marijuana smoke can become a workplace safety or disability accommodation issue Navigating Florida’s evolving gun laws while developing policies and procedures to prevent and respond to workplace threats What employers should consider when cameras, wearable devices and recordings are used in the workplace Understanding an employer’s responsibilities when employees request accommodations for mental health conditions or want to bring an emotional support animal to work How Florida’s medical marijuana laws affect drug testing, workplace policies and prohibitions against working while impaired The emerging employment risks of artificial intelligence, including AI-generated discrimination complaints and AI's potential to impact hiring, discipline, and other employment decisions Related Links: Podcast: HR Hacks with Jamie Dokovna Part I Podcast: HR Hacks with Jamie Dokovna Part II Article: Managing Your Personnel Online Class: Dealing With Difficult People

August 19, 202643 min

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-Hour Online Class: Board Certification: HOA 4-Hour

August 5, 202650 min

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 to Volunteer training and costs Key roles within a CERT team How CERT members are deployed during an emergency Communication channels used by CERT members How CERTs integrate with professional emergency services CERT members and liability in Miami-Dade CERT equipment Steps for a condominium or HOA interested in setting up a CERT Related Links: Podcast: Surviving the Storm: A Journey Through Hurricane Ian and Beyond with Joseph E. Adams, Becker & Poliakoff Podcast: Keeping Cool With Jane Gilbert, Chief Heat Officer, Miami-Dade County Resources: CERT Training Information

July 22, 202642 min

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 scenes The legal issues keeping community managers up at night Breaking down the fine print in management contracts Why indemnification and insurance provisions are more important than ever Building stronger partnerships between boards and managers Avoiding common mistakes that create risk for associations Navigating legislative changes, litigation, and rising homeowner expectations Managing through hurricanes, emergencies, and unexpected crises Debunking common myths about community management The future of AI and technology in the property management industry Related Links: Podcast: The Power Hour For HOA Leaders, with Organizational Strategist Dr. Edward Gurowitz Resource: First Service Residential Resources for Florida Community Associations Article: Q&A: Becker’s Nataly Gutierrez Vazquez Discusses Today’s Community Association Landscape

July 8, 202642 min

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 Department Resource: Extreme Heat Action Plan Article: Preparing for Extreme Heat: The New Natural Disaster

June 24, 202659 min

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 gyms The options boards have in terms of monitoring camera footage Best practices for storing recorded footage Facial recognition technology and the safeguards in place to protect privacy How many cameras are needed for adequate security coverage and what considerations go into location decisions Night vision technology Differences between wired and wireless security camera systems Individual doorbell cameras such as Ring or Nest in communities Related Links: Podcast: Screening Vendors and Service People for Enhanced Security Article: Installing Security Cameras In Your Condominium Resource: IC Real Time

June 10, 202646 min

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 times Preparing remarks on tough topics Addressing the elephant in the room and correcting misinformation calmly Avoiding “playing expert” and bringing in engineers, accountants, lawyers when needed Running Zoom and hybrid meetings with clear guardrails on chat, cameras, and recordings Understanding de facto meetings when a quorum talks business informally Knowing when closed meetings are allowed and why notice still matters Using owner participation rules, civility codes, and defined scope of authority for committees to prevent derailment Related Links: Podcast: Mind Your Manners: Restoring Respect in Condo, Cooperative and HOA Communities Podcast: A Board Members’ Guide to Unexpected Issues – Your Questions Answered Article: Maintaining Order—Managing Conflict in Community Associations

May 27, 20261 hr 2 min

SUMMER SERIES: Fan Favorite - Checking In On Background Checks: What’s In, What’s Out and What’s Questionable? with Robert E. Sanchez of Sarma

Send us Fan Mail Does your community perform background checks on potential purchasers and potential renters? Do your community residents expect their neighbors to be screened for safety and financial capacity purposes? Join Donna DiMaggio Berger and guest Robert Sanchez , a seasoned professional from SARMA, as they unravel the complex world of background checks. Donna and Robert dive into the intricacies of the Fair Credit Reporting Act, the cost of background checks, the challenges of screening foreign applicants, and the potential penalties if your background check is incomplete or inaccurate. In this enlightening conversation, Donna and Robert unpack the evolution of background checks and debate the importance of credit scores. They debunk the myths surrounding FICO and Vantage scores and provide practical tips for building good credit. Shifting gears, Donna and Robert focus on the international arena, considering background checks for international applicants and data privacy concerns. They touch on the challenges of running background checks in different jurisdictions, the necessity of parental consent when screening juveniles, and the ever-looming threat to data security. They wrap up by considering the issues that blanket approval policies can pose and discuss about emerging technologies. Robert's valuable insights will surely equip you to better understand and navigate the world of background screening. Tune in as Donna and Robert explore this topic of such importance to so many mandatory community associations! Conversation highlights include: Screening potential renters and potential purchasers Understanding and utilizing background reports Understanding credit score ranges Screening costs Transmitting and storing sensitive information Understanding the different entities found on a criminal background Related Links: Podcast: The Impact of Rentals on Community Associations with David Muller, Vice Chair of Becker’s Community Association Practice Resource: Background Screening with Sarma Article: A Rude Awakening: Your Board May Not Have the Right to Screen Leases and Sales at All!

May 13, 202646 min

The Power Hour For HOA Leaders, with Organizational Strategist Dr. Edward Gurowitz

Send us Fan Mail Most Board Members and Managers start their day with a plan which can quickly become derailed when, due to various events and challenges, pure reaction mode is activated. Emails explode, “urgent” problems crowd out the important work, and before you know it, you are stuck putting out fires instead of leading. There is a better way to manage not only your day but your overall association operations, so Take It To The Board host Donna DiMaggio Berger sat down with Dr. Edward Gurowitz , a PhD psychologist and organizational strategist, to talk about the simple practice he calls the Power Hour: protecting one intentional, highly focused hour each day to move from reactive governance to responsive, proactive leadership. Donna and Edward dig into why community association conflicts so often have nothing to do with facts or technical know-how and everything to do with communication and POV. They explain how boards get trapped defending positions, why micromanaging operations burns out volunteers, and how a clear vision and mission can shift an association away from a purely punitive reputation. They also unpack a bold idea that changes how decisions are made: agreement and consensus are fragile, but alignment is strong. When leaders listen and learn first, they can make accountable decisions everyone will support even when they disagree. Then Donna and Edward get practical about better board meetings: codes of conduct, staying on agenda, cutting “communication waste,” and simple conflict tools like “timeout” and “oops/ouch.” They also talk inclusion and the gap between intent and impact, plus the single question that can turn a heated debate into a productive conversation: “Help me understand how you came to that conclusion.” If you serve on an HOA board, manage a community association, or advise boards professionally, this one is packed with leadership and meeting facilitation tactics you can use immediately. Subscribe, share this with a fellow director or manager, and leave a review so more communities can trade chaos for clarity. Conversation Highlights: Practical ways board presidents and managers can break deadlocks and move discussions forward Why structure and intentional time management create more freedom and productivity The biggest time management mistakes high-performing professionals make How to identify the difference between a conflicting thinking style and a difficult personality Questions leaders can ask to better understand opposing viewpoints during meetings Tips for creating a board culture where different perspectives are viewed as an asset rather than an obstacle Guidance for association counsel navigating board impasses and leadership conflicts Why one focused hour can outperform an entire chaotic workday Strategies for protecting focus and productivity during crises and high-pressure situations The mindset shift that can transform how boards communicate, collaborate, and make decisions Related Links: Podcast: Mind Your Manners: Restoring Respect in Condo, Cooperative and HOA Communities Article: Maintaining Order—Managing Conflict in Community Associations Resource: Leadership Alignment Power Hour

April 29, 202652 min

Do EVs, E-Bikes and Other Devices Present a Community-Wide Fire Risk

Send us Fan Mail In this episode of Take It To The Board, we wanted something more reliable than rumors and worst-case headlines regarding EV fire risk, so host Donna DiMaggio Berger called someone who works with real data and is a battle-tested first responder: firefighter Emma Sutcliffe, director of EV FireSafe in Australia, the team behind a detailed verified global database of electric vehicle battery fires across cars buses trucks and more. Donna and Emma discuss what the numbers suggest, including why EV ownership is climbing faster than EV fire counts, and why EVs who have sustained any sort of damage including a “fender bender” remain a major fire trigger. Emma explains how lithium-ion thermal runaway works in plain language, why off-gassing can be both toxic and flammable, and why secondary ignition can cause severe injury even after flames appear “out.” Donna and Emma also compare EV risk to internal combustion engine fires while acknowledging the hard part of any comparison: vehicle age, maintenance, and different failure modes. From a community association and property management standpoint, they focus on what you can control: creating EV charging station rules that require NEC-compliant equipment, qualified electricians, and a clean path for owners to install chargers without improvising with extension cords and adapters. This episode digs into hurricane and flooding realities, including why salty storm surge can create delayed fire ignition days after a storm passes, plus practical steps like disconnecting charging, relocating vehicles when possible, and coordinating with local fire departments through a simple pre-incident plan and a master isolation switch. If you manage a multifamily building, sit on a board, or own an EV in a shared garage, this conversation will change how you think about EV charging safety. Conversation Highlights: What happens during a lithium-ion battery fire and why these fires are so difficult to extinguish Whether EV fires can reignite hours or even days after the initial event How EV fires differ from traditional gas-powered vehicle fires The most common misconceptions boards and residents have about EV fire safety What boards should be doing now—even if only a few residents currently own EVs Building design factors that can make EV fires more dangerous or harder to contain Safety concerns surrounding resident-installed EV charging stations The added risks of EV batteries and charging systems in flood-prone and saltwater environments Best practices for charging station placement, installation, and ongoing maintenance Why associations should revisit insurance, engineering studies, and reserve planning How emergency response protocols for EV fires differ from traditional vehicle fires What regulatory and safety guidelines communities may want to adopt voluntarily Related Links: Resource: EV and Battery Fire Training Resource: EV Charging Station Poster