Author Archives: admin

Florida Statute of Limitations on a Judgment Lasts 20 Years

Until recently, there has been some debate on this litigation question caused by the interpretation of some Courts that a Florida judgment is subject to a five year statute of limitations. However, the Florida Supreme Court, in Salinas v. Ramsey, 2018 WL 549183 (2018) recently considered this question and came to the conclusion that a Florida judgment actually […]

Recent Changes to the Marketable Record Title Act

Imagine not being able to collect homeowners’ association dues or enforce rules in your community. For homeowners’ associations approaching thirty (30) years of age, this threat is more than a cause for sleepless nights and may become a reality if covenants are not preserved in a timely fashion from the operation of The Marketable Record Title […]

The Florida Divorce Courts Are No Place for Tourists

The Florida divorce courts have strict limitations on who can file for divorce in Florida. Florida law requires that before a court has “subject matter jurisdiction,” a potential filer must have resided in the State of Florida for six months prior to the filing. One rationale behind this rule is obviously to discourage “divorce tourism.” […]

Condo Terminations – What Are They and How Do They Work?

The Miami Herald published an article last year – “Real Estate Developers Ran Out of Waterfront Property. Now They Might Want to Buy Yours” – and the title says it all. This complicated process is called condominium termination. It’s difficult for real estate investors to find vacant waterfront development sites in Miami and Miami Beach. The last […]

The Deadline Has Passed – Is Your Condominium Website Compliant?

We previously discussed in a prior blog post on Florida condo legislation that new requirements were established by the Florida Legislature pertaining to condominium association websites. These new requirements, which apply to all non-timeshare condominium associations with 150 or more units, require that the association must establish and maintain a website (if the association doesn’t already have one), and must […]

Tips for Homeowners on Florida’s Construction Lien Law

A construction project can be a complicated, frustrating, and costly process with a complicated construction contract.  In addition to the headaches of dealing with contractors and building inspectors, owners must also be wary of Florida’s complicated lien law, Chapter 713, Florida Statutes, which provides subcontractors and material suppliers with the ability to record a lien against the owner’s […]

Year in Review – Haber Law’s Notable Transactions from 2018

Despite the cooling of the South Florida real estate market and rising interest rates from lenders, 2018 was still a busy year for the Haber Law real estate team. Here is a look at some of our notable transactions: In a deal that closed in July 2018, Haber Law represented an affiliate of Time Century (a New York […]

Legislative Update Continued: Recalls and Financial Reporting

In 2017, extensive legislative changes were made to laws governing various condominium governance items, including board member recall procedures and association financial reporting laws. This year, several clarifications have been made to those (in some cases dramatic) changes. Board Recalls  2017 legislation upended the longstanding recall process, requiring immediate control in favor of the replacement board if […]

Unsafe Balconies, Water Leaks, Other Flaws Claimed at Luxury Sunny Isles Beach Condo

The condo association for the high-end Regalia is suing the developer, architectural firm Arquitectonica and others over alleged design and construction defects. Sunny Isles Beach’s luxury Regalia condominium, where each unit takes up an entire floor and has floor-to-ceiling glass walls, needs $30 million in repairs due to construction and design defects, an attorney for […]

Summary Jury Trials Are Popping Up in Florida Courtrooms, Stirring Controversy

Summary jury trials are so controversial, one South Florida juror has stepped in to question a judge’s authority to mandate them, claiming jurors were misled into thinking a nonbinding trial was real. But not everyone is quick to dismiss them. If a mock trial and a private mediation session had a baby, it would be […]

5 Ways to Prevent Family Business Lawsuits

Imagine you’re at the Thanksgiving dinner table with those you love the most—your family. Before you know it, someone asks, “Who did you vote for?” Next thing you know, World War III breaks out. Now imagine these same people being the shareholders and employees in your family business. If they cannot peacefully discuss the qualifications […]

An End to the Geographic Targeting Order and Reporting Requirements for Cash Purchases of Real Estate? Not Likely.

The current Geographic Targeting Order (GTO), issued by the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury, is set to expire this Friday, November 16, 2018.  In essence, the GTO provides that when a buyer uses a corporate entity (such as an LLC) for cash purchases of residential real estate in South […]

Law firm moves into art-adorned building in Wynwood (photos)

Haber Law has moved from downtown Miami to a Wynwood building that defies the traditional law firm setting with street art and a “living room” floor plan. The move shows how quickly Wynwood is changing, and how wide its appeal has become. The neighborhood started out as an apparel manufacturing area, and then become adorned […]

Haber Law Grand Opening Event in Wynwood

Haber Law hosted an exhibition of our innovative new workspace located in the heart of Wynwood. The new space contains a collection of modern art from different mediums and focuses on collaborative interaction, diversity of work styles and surroundings, and corporate health and wellness. The celebration featured local flavors, sounds, art, and atmosphere, including beats spun […]

2018 Legislative Update – Condominium Association Board of Director Conflicts

In this third blog post in a series providing 2018 legislative updates, we discuss legislative changes clarifying condominium conflict of interest statutes. Parts one and two of this series addressed record keeping of condominium associations, material alteration requirements, and material alterations as they relate to electric vehicle owners. CONFLICT OF INTEREST UPDATES AND CLARIFICATIONS Effective July 1, 2018, HB 841 clarified condominium conflict […]

The ‘Frye’ Standard Is the Law in Fla., ‘a Monumental Game Changer’

In a crucial 4-3 decision, in Delisle v. Crane, Case (No. SC16-   2182) (Oct 15. 2018), the Florida Supreme Court has clarified the   law governing the admissibility of expert witness testimony in   Florida—moving away from the Daubert standard utilized in federal   courts, to the Frye standard. Prior to Delisle, Florida courts were   unsure whether to analyze expert testimony and corresponding   pretrial motions […]

Board Transparency to Unit Owners is Key

In this digital age, it can be more convenient for board members to simply communicate about association business via email rather than in person, especially when some board members don’t live on-site year-round. However, it is important for boards and management to remember that Florida law requires association business to be conducted at properly noticed […]

New Florida Appellate Court Decision Finds That A Pre-Suit Notice of Defect Constitutes an “Action” for Purposes of the Statute of Repose

The Fourth District Court of Appeal recently rendered a decision in Gindel v. Centex Homes (Fla. L. Weekly D2112d), which will impact how construction defect cases will now be analyzed, pursued and litigated in Florida. Specifically, the Fourth District Court held that the sending of a construction defect plaintiff’s pre-suit notice of claim qualifies as an “action” […]

2018 Legislative Update: Changes Affecting Material Alteration Requirements and Electric Vehicle Owners

In this second blog post in a series providing 2018 legislative updates, we discuss legislative changes affecting material alteration requirements and material alterations as they relate to electric vehicle owners. HB 841, which became effective on July 1, 2018, has various profound impacts affecting both areas. Find part one of this series here. General Material Alteration Guidelines The term […]

Medical Marijuana and Community Association Life

The intersection of Florida’s recent medical marijuana legalization and community association law is complicated. The use of medical marijuana within a community association property involves Florida law. Florida has legalized the possession and use of medical marijuana under certain circumstances. However, according to federal law, marijuana is still a Schedule 1 substance per the Controlled Substances […]

World Mental Health Day: Focusing on Young Adults

There has been much discussion regarding how the environment   and demands of practicing law facilitates stress-induced mental   and emotional illnesses or disorders. For many lawyers, their   mental health issues began in law school and continue due to the   stresses of law practice, especially with advances in technology   facilitating instant accessibility. Oct. 10 is World Mental Health […]

Key Provisions in a Construction Contract – Part 1

When negotiating construction contracts for either residential or commercial projects, there are several key provisions that should be given careful attention. The following is a list some of those provisions that should be carefully considered before signing the contract. Attorneys like us who are experienced in drafting, negotiating, or litigating construction contracts should be consulted to review and negotiate […]

Wynwood is Getting a Slew of New Offices. Can the Neighborhood’s Character Survive?

Wynwood is attracting another kind of smaller, home-grown business. David B. Haber, founder of the law firm Haber Slade, is relocating his office from its longtime location in downtown Miami to a 7,400 square-foot building at 251 NE 23rd St. he purchased in 2017 for $6.5 million. The property had previously sold in 2014 for […]

You’re Negotiating Wrong – Here are Key Ways to Improve

All too often, a client will present a contract proposal to me (design services for an improvement project, internet and television bulk services agreement with a national service provider, elevator service and maintenance agreement for a high-rise condominium building, and so many more) from the selected company and ask, “Can you please review this contract […]

Court Ruling Complicates Condominium Member Lawsuits

A recent decision from an appellate court in Tallahassee will likely create significant hurdles for condominium unit owners who wish to sue their association and its directors for wrongdoing that affects the entire membership. In Iezzi v Edgewater, the First District Court of Appeal held that members of a not-for-profit condominium association must comply with the […]

2018 Legislative Update – Changes Affecting Condominium Association Maintenance and Preservation of Official Records

In this first entry in a series of posts providing 2018 legislative updates, we discuss changes affecting the day-to-day record keeping of condominium associations. HB 841, which became effective on July 1, 2018, has various profound impacts relating to official records. Website Requirements and Notices HB 841 extended the deadline for compliance with various condominium website requirements from […]

Latest Chapter in the Vizcayne Condos Saga Has a $3 Million Settlement Attached to It

Real estate attorney David Haber, founder and managing shareholder with Miami firm Haber Law, helped secure two settlements worth about $3,069,251 and $646,699 against several construction companies for lackluster work and unfulfilled promises on the Vizcayne condos. For anyone who closely follows real estate litigation in South Florida and Miami, the ongoing saga of the Vizcayne […]

Haber Law Attorneys Make Their Mental Health a Priority

The Word Is Out on Attorneys’ Mental Health Numerous headlines in media channels, such as The Wall Street Journal, American Bar Association (ABA), The Florida Bar Journal, and Psychology Today, highlight the legal profession’s serious problem with mental health disorders and substance abuse. Studies continue to demonstrate the prevalence of attorneys who are problem-drinkers, suffer from chronic depression and anxiety, […]

Summary Judgment: How to Get It and How to Beat It

Practicing lawyers do not always understand what summary judgment is and how to win on a summary judgment motion. In some courts, obtaining summary judgment is difficult, if not impossible. Other courts love summary judgment and use it as a mechanism to reduce their caseloads. This article will provide some tips about how to obtain […]

Why Miami Is So Vulnerable to Construction Defects

Miami’s unique real estate development market makes it particularly vulnerable to construction defects. A reliance on foreign buyers who are more tethered to the ups and downs of the economy makes the timing of construction in Miami more heavily dependent on the market. Real estate developers need to get all their projects up and sold […]

Three Haber Law Partners Promoted to New Leadership Roles

MIAMI (August 8, 2018) – Haber Law, P.A., a Miami-based business and commercial litigation, construction law, and real estate law firm, is pleased to announce that three of its partners have been promoted to new leadership roles. Franchesco Soto now heads the firm’s Construction Law Department, David Podein was promoted to lead Haber Law’s Real Estate Transactional Department, and Jonathan Goldstein is […]

Game Changers for 2018

Jacob Epstein explains in the Florida Community Association Journal certain changes for communities that are pursuing claims due to a construction defect.  “In December of 2017, the Florida Supreme Court issued a ruling that will likely expedite the Chapter 558 pre-litigation process for condominium and homeowners associations in construction defect cases, ensuring the involvement of insurance carriers […]

Law Firms Must Help Address Attorney Mental Health

Attorneys Experience Prevalent Mental Health Problems It is not uncommon for employees to experience stress, fatigue, and frustration when having to balance personal, family, and work obligations, not to mention the societal ideal to be “busy” all of the time. While many individuals are able to use positive coping strategies, such as collaborating with coworkers, […]

Eight Haber Law Attorneys Named to 2018 Super Lawyers and Rising Stars Lists

MIAMI (June 18, 2018) – Haber Law, P.A., a Miami-based business and commercial litigation, construction law, and real estate law firm, is pleased to announce that three of its lawyers have been selected to the 2018 Florida Super Lawyers list, and five of the firm’s attorneys have been selected to the Super Lawyer’s Florida Rising Stars […]

Examining the Association Loss Prism

Safety / Mitigation The first considerations for any association after a storm should be safety and loss mitigation. While immediate loss mitigation efforts help to preserve property improvements and are a condition for insurance claims, they also promote safety by preventing mold, fire, debris, electrical hazards, etc. Every association should have a disaster plan, which […]

Tragic Alligator Attack Should Cause Community Associations to Consider Alligator Dangers

The recent and devastating death of Shizuka Matsuki, a Florida woman attacked by an alligator, has alarmed and dismayed Floridians while raising many questions for community associations and their residents about alligator safety measures. Floridians are understandably fearful of alligator attacks due to the widespread prevalence of alligators in our state (similar considerations apply to […]

How to Dig Deeper Before Closing on a Condo Purchase – Part 3

As I discussed in Part 1 and Part 2 of this series, buying a condo requires a different kind of diligence than buying a single family home, because you’re going into business with strangers. You need to review documents that will clarify how the condo building is run and what rights you will have in deciding how it is […]

How to Dig Deeper Before Closing on a Condo Purchase – Part 2

As I discussed in Part 1 of this series, when you buy a condo, you’re essentially going into business with strangers, thus, before you close on the purchase, you need to review certain documents to get a better understanding of how the condo building is run. For instance, you should review the condo association’s governing documents because they […]

How to Dig Deeper Before Closing on a Condo Purchase – Part 1

As an attorney who has worked on both the buyer and seller sides of real estate transactions and understands the inner workings of high-end condominium associations in South Florida, I have key insight into unique considerations that buyers should weigh before closing on a condominium property. The concept of and rights associated with condo ownership are much […]

What caused FIU’s bridge to fall? More clues come to light.

“< What I don’t understand, and I don’t understand it as a lawyer or as a regular human being, is how do you do this in the middle of the day with people driving underneath,” said construction lawyer David Haber. “That’s not just a bad idea, that’s potentially criminally negligent. It’s insane. ” If tightening support […]

What’s in a Condo Website Requirement? More Than Meets the Eye

In 2017, the Florida Legislature passed new laws requiring every condominium of 150 or more units to have an independent website or web portal that provides condo owners copies of certain specified official records of the condominium by July 1, 2018. At first blush, creating a website and uploading official records to it may seem like a simple requirement, but […]

Florida Supreme Court’s Latest Construction Defect Decision: Triggering the Insurer’s Duty to Defend in the Pre-Suit Process

The issue of whether a chapter 558 notice serves as a “claim” under a commercial general liability (“CGL”) policy, such as the one issued by Crum & Forster Specialty Ins. Co. (“C&F”) in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. SC16-1420, 2017 WL 6379535 (Fla. Dec. 14, 2017), has finally been […]

Cybersecurity and the Protection of Personally Identifiable Information: Are You Prepared?

Cyberattacks and data breaches can occur with any personal or business computer connected to the internet—and there is no reason for condominium and homeowner associations (“community associations”) to believe they will fly under the radar of potential hackers.

HABER SLADE SENIOR ASSOCIATE LAUREN FALLICK A PANELIST AT A FLORIDA ASSOCIATION OF INSURANCE AGENTS SEMINAR

Haber Slade Senior Associate Lauren Fallick recently took part in a panel presentation on insurance agent liability, and Errors and Omissions (E&O) claims at the Florida Association of Insurance Agents (FAIA) seminar in Fort Lauderdale.

Gardens condo settles with Kolter, subcontractors for $22.5 million

WEST PALM BEACH — After years of watching their luxury condominiums disintegrate as water seeped through walls, roofs, windows and sliding glass doors, more than 1,000 residents of a Palm Beach Gardens community on Thursday prepared to put their agonizingly soggy past behind them.

Kolter Signature Homes lawsuit settled for $22.5M

Six years of legal maneuvering in one of the longest running cases over faulty construction in Florida came to swift end on Thursday, when a settlement was announced that will pay plaintiffs $22.5 million that will go towards fixing years of construction defects at San Matera at the Gardens, located just off PGA Boulevard in […]

Privacy Policy