Becker & Poliakoff, P.A.

Becker & Poliakoff, P.A. was established in 1973 by lawyers Alan S. Becker and Gary A. Poliakoff in Miami, Florida. They both graduated from University of Miami Law School in 1969. It was initially a law firm focused on community association law. Later, it transitioned into a multi-practice law firm.^[6]

Becker & Poliakoff expanded to include construction law, real estate, corporate, business litigation, government affairs and lobbying, employment discrimination, land use and zoning, class actions, and appeals. It represents publicly traded corporations, local, state, and federal government entities, financial institutions, insurance companies, community associations, developers, contractors, small businesses, entrepreneurs, and individuals.^[7] The firm contributed to shaping Florida’s condominium and homeowners’ association law, and the community association practice group’s core practice areas include governance, construction law, corporate law, collections and foreclosure, disaster recovery, civil trial, and appellate.^[8]

In 1992, Becker and Poliakoff was one of nine U.S. law firms authorized by the Beijing government to open an office in Guangzhou, adjacent to Hong Kong.^[9] Becker & Poliakoff, s.r.o., formed in 1997, is a member of an international network of independent law firms. ^[10]

In 2003, Becker and Poliakoff handled the third-largest bankruptcy in U.S. history involving CNO Financial Group (formerly Conseco Finance Corp. and Conseco Finance Servicing Corp.) ^[11]

Secretary of State Marco Rubio formerly worked as a land use and zoning attorney in Becker’s Miami office in 2001,^[12] and wrote about Becker in his book, An American Son: A Memoir.^[13]

Becker represented the appellants in the following Florida DCA cases:

Hillsboro Light Towers, Inc. v. Sherrill, 474 So.2d 1219 (Fla. 4d DCA 1985), in which the court held that an amendment shifting maintenance responsibilities from the association to unit owners may be valid if approved by a supermajority.^[14]

Munder v. Circle One Condo, Inc., 596 So. 2d 144 (Fla 4d DCA 1992), in which the court held that the developer was liable for breaching its fiduciary duty to maintain insurance, but the individual president/sole stockholder could not be held personally liable.^[15]

Florida Discount Properties, Inc. v. Windemere Condo, Inc., 786 So 2d 1271 (Fla. 4d DCA 2001), in which the court held that remedies for breach of fiduciary duty can include forcing usurpers to disgorge improperly acquired corporate opportunities.^[16]

Becker represented the petitioner in the Florida Supreme Court case Moransais v. Heathman, 744 So. 2d 973 (Fla. 1999) in which the Court held that a professional negligence claim can be brought against a professional, such as an engineer, because they owed a duty to their client independent of their contractual relationship.^[17]

Shareholder Patrick C. Howell represented the respondent and shareholders Steven B. Lesser and Sanjay Kurian appeared as Amicus Curiae, in the Florida Supreme Court case Maronda Homes, Inc. of Florida v. Lakeview Reserve Homeowners Association, Inc., 127 So.3d 1258 (Fla. 2013), in which the Court held that implied warranties extend to offsite improvements essential to habitability and that a statute could not be applied retroactively to eliminate the association’s accrued rights.^[18]

In Soloviev v. Ross School, State of New York Appellate Division 2d. Dep’t(2024), Becker represented the appellant to recover damages related to breach of contract, unjust enrichment, negligent hiring, retention, supervision, and direction, and negligent infliction of emotional distress, The private school moved to dismiss the complaint which was granted in December 2021. The plaintiffs appealed the dismissal and on May 1, 2024, the Appellate Division, Second Department reversed the lower court’s determination and reinstated the causes of action relating to gross negligence including negligent hiring, retention, supervision and direction, and negligent infliction of emotional distress.^[19]

In Raiser-DC, LLC v. B&L Service, Inc. and Broward County, Florida, Becker obtained a ruling by the Fourth District Court of Appeal which held that Broward County was required to disclose information about Uber’s operations at the Fort Lauderdale-Hollywood International Airport, despite Uber’s claims that the records were trade secret information and exempt from Florida’s Public Records Act.^[20]

In Grandview At Riverwalk Port Imperial Condominium Association, Inc. v. K. Hovnanian At Port Imperial Urban Renewal II, LLC., Becker obtained a $3 million jury verdict against a high-rise residential developer for breach of warranty claims, that was trebled to $9 million under the New Jersey Consumer Fraud Act.^[21]

In DK Arena, Inc. v. E.B. Acquisitions I, LLC., Becker prevailed on appeal on behalf of a real estate developer in a breach of contract suit against famed boxing promoter Don King. The case established the precedent that detrimental reliance upon verbal representations in the context of a real estate transaction can, under certain circumstances, overcome the statute of frauds.^[22]

Kaufman v. Shere, 347 So.2d 627 (Fla. 3d DCA 1977), in which the court held that a statute could not be applied retroactively, but because the contract incorporated future changes to the law, the statute prevented further rent increases after it took effect.^[23]

Woodside Village Condo. Ass’n, Inc. v. Jahren, 806 So.2d 452 (Fla. 2002), in which the court held that unit owners who bought before a declaration amendment restricting leasing were nevertheless bound because they took title subject to the condominium’s amendment process. .^[24]