Good Neighbor Agreements: Navigating Post-Surfside Construction Safety in S. Fla’.s New Golden Age

How can an association or developer protect its rights against difficult, meddlesome or all-out dangerous neighbors? The answer is simple, “good neighbor agreements.” A good neighbor agreement is a contractual agreement between neighbors, which can be used to outline protocols, policies, and mutual rules of respect and safety between the parties.

Finding Legal Solutions for Developers + Associations with Real Estate Attorney Alexander Leon

Representing real estate developers and condo associations both come with unique skill sets with the multitude of issues that arise when developing large-scale projects. On The Real Estate Law Podcast, Alexander Leon, an attorney with Haber Law focusing on construction law in South Florida, shares his insights. With over a decade of experience representing both […]

How Miami Law Firms Combined To Meet Condo Law Demand

To help meet a spike in the demand for condominium and construction law expertise in South Florida, Haber Law recently brought on the entire seven-attorney team from boutique Gursky Ragan PA, which specializes in construction and condominium law. Law360 Pulse recently caught up with the founders of the two firms to learn more about the […]

Paradise Lost: Sky-high insurance premiums, required reserve funds and major repairs has some condo associations and owners in dire financial straits

As we continue our series on South Florida’s housing crisis, tonight we focus on condos. Some of the estimated 3.5 million Floridians living in condo units face a perfect storm of financial problems, with no easy fix. David Podein, attorney, Haber Law: “I think it is a dire situation on the horizon.” Condo law attorneys […]

Termination of Condominium, Is That an Option?

Google “Florida Condominium Crisis” and you will find no shortage of news stories detailing the challenges facing condominium associations. Rising assessments, scarcity of insurance, and costly mandatory maintenance have condominium owners, and their boards of directors, understandably nervous about future operations. With cost increases caused by the implementation of additional maintenance, inspections and reserve reforms […]

Best Efforts by an Association to Obtain Full Replacement Value Coverage

As most — if not all — condominium associations in South Florida have encountered substantial cost increases to insure their property, many board members and unit owners are questioning whether this financial burden can be avoided by obtaining lesser insurance coverage. While this approach may sound tempting to avoid extreme increases in an association’s budget […]

Code Violations are on the Rise – Associations Need to be Aware and Prepared

Never underestimate the seriousness of a visit from your local code enforcement inspector. Ever since the Surfside tragedy, we have seen an exponential increase in the number and scope of violations being issued by both City and County code enforcement inspectors. This is not surprising given that the primary purpose of the Florida Building Code […]

Mandich Group Project for Cold Storage Facility in Jones County, Mississippi

Related Lawyers: Harold Lewis, David Podein, Alexander Leon, and Matthew Holtz. Department: Real Estate Haber Law, along with local Mississippi counsel Butler Snow, represented Mandich Group and Cold Link Logistics in the transaction of a $80 million project, which will be a brand new 200,000 cold storage facility in Jones County, Mississippi. We worked on […]

Sioux City Groundbreaking

Related Lawyers: David Podein and Matthew Holtz Department: Real Estate David Podein and Matthew Holtz of Haber Law, along with local Iowa counsel, Jeff Johnson of Crary Huff, represented Mandich Group and Cold Link Logistics in a $38 million construction loan transaction from MetLife. Additionally, they worked on the negotiation of AIA design-build agreements between […]

David Haber Ranked in Chambers USA 2023

Congratulations to David B. Haber for being ranked for the second consecutive year in Chambers USA: Construction! For over two decades, Chambers USA has been the world’s leading legal data and analytics provider, recognizing and showcasing the top lawyers and law firms across the country. This prestigious ranking underscores Mr. Haber’s expertise and dedication to […]

The Department of Business and Professional Regulation Lacks Enforcement in South Florida

Attorney David Haber, who specializes in condo law, said when it comes to investigating HOAs and property management companies, Florida has a resource problem. “They have passed laws that says there could be civil penalties, criminal liability, that’s great. Who is out there checking? The Department of Business and Professional Regulation is there to enforce […]

Ariella Gutman

Ariella Gutman is a partner at Haber Law in the litigation department, focusing on matters including contractual disputes, complex commercial cases, business fraud, real estate litigation, partnership disputes, and litigation specific to issues within the hospitality industry. Ms. Gutman is experienced in all types of issues businesses face during all phases of their lifecycle and […]

Rate Caps Costs Soar Even Higher

In late May of this year, the signs were already rising with the dry hot sun of interest rate increases. With them went the costs of interest rate caps. “The prices have skyrocketed,” David Podein, a partner at Haber Law in Miami who focuses on commercial real estate, tells GlobeSt.com. “In some instances, the price […]

After Surfside collapse, Miami-Dade drafts reforms that fall short of recommendations

After a catastrophic partial building collapse in Surfside left 98 dead and a community traumatized, Florida’s lawmakers were tasked with finding a legislative solution to long simmering issues of lax inspections, poor upkeep and sloppy enforcement of 40-year structural recertifications, all seen as factors that may have contributed to the tragedy at Champlain Towers South. […]

Haber Law Partner Rebecca N. Casamayor Named Rising Star Honoree for 2022 Prestigious Women Awards by South Florida Business & Wealth Magazine

The awards recognize top leaders in the tri-county area who have created business success stories and provided leadership to women and the broader community. MIAMI, Fla. – March 1, 2022 – Haber Law is pleased to announce Rebecca Newman Casamayor, Esq., partner at the Firm, has been recognized as an honoree in the Rising Stars […]

Haber Law Attorneys Recognized as The Best Lawyers in America© 2020

David B. Haber and Franchesco Soto of Haber Law recognized for their work in Construction Law and Construction Litigation. MIAMI, Fla. — August 27, 2019 — Haber Law, P.A. has announced that Managing and Founding Shareholder David B. Haber and Partner Franchesco Soto have been named in the 26th Edition of The Best Lawyers® in […]

10 Signs That You Have a Time-Sharing Problem

Time-sharing during a divorce can be easy if you have two cooperative parents dedicated to reasonable co-parenting. It can also be really hard when one or both parties refuses to collaborate. When there is a lack of mutual effort, or any conflict, guess who suffers? That’s right, the children. Your children.   Sometimes it’s hard to […]

Inside the saga that led Regalia’s developers to lose ownership of their most prized units

A Miami-Dade judge ruled the developers of Regalia, a luxury condo tower in Sunny Isles Beach, must turn over 100 percent interest in the companies that own the remaining two – and most expensive – unsold units, The Real Deal has learned. The ruling is a blow to the developers who failed to sell the top-priced penthouse […]

A Condominium Association Victory in the Ongoing Fight for a Prior Owner’s Assessments

A recent case, Coastal Creek Condominium Association, Inc. v. FLA Trust Services LLC has upped the ante in the fight to collect outstanding assessments owed by previous owners pursuant to Section 718.116(1)(a), Florida Statute. In Coastal Creek, the Florida First District Court of Appeal adopted a different interpretation of a Florida statute than the Florida Third District Court of […]

Key Provisions in a Commercial Lease – Part I

In negotiating commercial leases, there are several key provisions that should be given careful attention by both landlords and tenants. Counsel experienced in drafting, negotiating, and litigating commercial lease contracts should be consulted to review and negotiate these critical provisions to avoid potential consequences that may arise from a poorly drafted provision or worse, the […]

The Link Between E-Commerce and the Increase in US Cold Storage Facilities

Demand for industrial real estate continues to increase, due to a strong market, favorable interest rates, and the expansion of e-commerce. One segment of the industrial real estate market where demand continues to outpace supply is cold storage facilities and public refrigerated warehouses. Given the projected U.S. population growth, consumer demand for fresh and organic […]

What’s In Your Operating Agreement?

Every limited liability company should have an Operating Agreement. It is amazing how many business people approach us, who have a legitimate problem with a partner, and who either have never signed an Operating Agreement, have executed a cheap form Operating Agreement found on the internet, or simply lost the one that the partners originally […]

Hurricane Preparedness and Loss Mitigation for Community Associations

From Hurricane Andrew to Hurricane Irma, the State of Florida has endured numerous destructive storms that foreshadow greater potential for destruction in the future. As evidenced by the fact that many community associations are still recovering from Hurricane Irma, communities should seek help now to ensure proper planning for the next natural disaster. It is […]

How to File a Mechanics Lien in Florida

If you have furnished labor, services or materials on a construction project in Florida and have outstanding payments due, then filing a mechanics lien is the instrument you will want to utilize to ensure payment from the property owner. Florida grants lien rights to most project contributors including contractors, subcontractors, suppliers and laborers. However, be wary, Chapter 713, […]

How Florida’s Adoption of the Daubert Standard Can Impact Construction Defect Lawsuits

On June 26, 2019, the Sun Sentinel published an editorial: “The Florida Supreme Court’s new evidence rule makes it harder to sue,” which is one of the many recent articles providing commentary on the Florida Supreme Court’s May 23, 2019 ruling, which changed the standard in Florida cases for evaluating and admitting expert testimony. This ruling […]

Negotiating Delay Clauses In Contracts – When Force Majeure Is Not Enough

Most business people are probably familiar with, and expect to see, force majeure clauses in their contracts.  This is an important contract clause for a party required to perform obligations—and whose performance might be delayed or limited by unforeseeable events or events outside of their control such as civil or labor riots, wars, fires, terrorism, explosions, weather […]

Legislative Session Update Part II – Bills That Were Passed

What a difference a month makes… Last month, we provided an update on various pieces of legislation that would have impacted community associations throughout Florida.  This month, we report that almost none of those extensive proposed changes were adopted by the legislature. What Passed:  Legislation Extending the Deadline for Fire Sprinkler or Engineered Life Safety […]

Why Having an Operating Agreement is Important for a Florida LLC

Florida does not require Limited Liability Companies (LLC’s) to have an Operating Agreement. So why is it recommended, and important, to have one? An Operating Agreement is the governing document of an LLC, which sets forth the rules and structure for operating the LLC  as well as the relationship among the members and between the […]

Ten Years with Haber Law: From Faxes to iPhones, Continued Innovation

I recently celebrated my ten-year anniversary with Haber Law. Looking back, it is remarkable how different the practice of law is and how much our firm has grown. Here are ten changes I’ve noticed: We have grown from two attorneys (David Haber and David Podein) to 11. By this summer, we’ll have 12. Back then, we shared […]

HURRICANE PREPAREDNESS FORUM

Haber Law hosted a spectacular educational event, the Hurricane Preparedness Forum in Wynwood. Guests enjoyed a catered networker and art tour inside Haber Law’s facility. Then joined in for a panel discussion with the condo industry’s top experts. For board members and their guests. Speakers included: Dan Odess, Global Pro Recovery Juan Cordoba, USI Insurance […]

Legislative Session Update – What You Need to Know

Various bills that could dramatically affect Florida associations are presently under consideration during the current legislative session. The list below highlights some of the proposed legislative changes. This list is not exhaustive of all pending bills or provisions impacting associations. Governance and Record Keeping Senate Bill 1362 would clarify that only terms beginning in 2018 would […]

How to Prepare Your Law Office for Extreme Weather Events

Whether it be a severe thunderstorm or a full-blown hurricane, it’s important to be prepared for the worst. Hurricane season is around the corner once again, so the question is: Is your law office prepared for the big storm? South Floridians deal with extreme weather conditions every year. Miami is, at best, slightly above sea […]

HOT TOPICS: ADDRESSING TODAY’S TOP ISSUES

Are you having complications with Airbnb renters? Too many emotional support animals? WHAT ARE YOUR LEGAL PARAMETERS? This presentation for Current Board Members and Practicing Property Managers discussed the issues related to emotional support animals and visitors from Airbnb and various short-term rental sites, along with other Fair Housing Act and leasing issues. All the […]

Is Your Association Missing Out on a Utilities Sales Tax Exemption?

Some associations are unaware that they could be entitled to an exemption for the sales tax related to a major expense – utilities for common areas serving exclusively residential properties, including condominiums and homes in a homeowners’ association.  However, nonresidential uses are not exempt. Section 212.08(7)(j), Fla. Stat. provides an exemption for the sale of utilities […]

How do Florida Courts Address Divorce Judgments from Foreign Countries?

Florida Courts are required to recognize judgments of all kinds from other U.S. states, including divorce judgments. In fact, there is a provision in the United States Constitution called the Full Faith and Credit Clause which requires this. But what about judgments, particularly divorce judgments, that come from foreign countries? There is a legal principle that addresses […]

The Future of Confessions of Judgment in Florida and Beyond

To the average Floridian, the term “confession of judgment” is likely to be unfamiliar. One reason for this may be because the use of confessions of judgment, by lenders, is prohibited by Florida statute. A confession of judgment is basically a contract provision which allows a creditor to enter a judgment against a debtor without […]