Category Archives: Press

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 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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

COMMUNITY ASSOCIATION PREPAREDNESS FOR HURRICANE SEASON Hurricane season is here once again, and that means it is time to consider whether we and our communities are fully prepared in the event a tropical storm or hurricane comes our way. Hurricanes and tropical storms are nothing new for Floridians. But after escaping a major weather event […]

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 […]

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 […]

“< 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 […]

Technology, no doubt, has made a significant impact in the community association arena the last five years.

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 […]

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.

In the aftermath of Hurricane Irma, all types of associations will prioritize the following goals: (1) safety and mitigation; (2) restoration (of improvements) and recovery of monetary losses through insurance and allocation of responsibility;

Snowbirds, rejoice: Associations have entered an era of email and internet notice, electronic voting, and internet record keeping.

Two Haber Slade attorneys worked through the logistical issues posed by Hurricane Irma to close a deal on a northeast Miami-Dade County warehouse.

A class action filed in Florida against Atlanta-based Equifax Inc. points to a catch-22 that Equifax has since eliminated.

South Florida avoided a direct hit from Hurricane Irma, but the eastern edge of the storm caused plenty of damage in the region on Sept. 10.

Hurricane Irma has made a significant impact on many properties and people throughout Florida.

The legislature sought to increase transparency and protections from malfeasance for condominiums and to reform estoppel certificates. Burdens, ambiguities, and unintended consequences will inevitably arise in pursuit of these worthwhile goals.

Haber Slade Partner Roger Slade recently presented a seminar entitled “Fraud in the Modern World.”

The Miami-based law firm Haber Slade, P.A. is pleased to announce that Partner David Podein has been named a 2017 Florida Legal Elite Up & Comer in the area of Real Estate.

The Miami-based law firm of Haber Slade, P.A. is pleased to announce that five of its attorneys are included in the 2017 Florida Super Lawyers and Florida Super Lawyers Rising Stars lists.

The Miami-based law firm of Haber Slade, P.A. is pleased to announce that five of its attorneys are included in the 2017 Florida Super Lawyers and Florida Super Lawyers Rising Stars lists.

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.

Consumer protection for community association members from board or management corruption is the most dominant theme of the pending legislative session.

While his friends from law school were battling hangovers, David Podein had all the same symptoms, but without the parties, minus the fun.

While his friends from law school were battling hangovers, David Podein had all the same symptoms, but without the parties, minus the fun. Instead, he spent full days in a chair at a medical clinic receiving chemotherapy

Both sides are claiming victory in a multimillion-dollar fight between a landlord and Miami developer, who paid rent for years on a Wynwood property he was unable to occupy.

Both sides are claiming victory in a multimillion-dollar fight between a landlord and Miami developer, who paid rent for years on a Wynwood property he was unable to occupy.

A con man is exploiting a loophole in public records access to target South Florida real estate lenders and landowners.

Who’s the most reversed circuit judge before the Fourth District Court of Appeal? Despite what lawyers have whispered for years about controversial judges, no one really knew

Haber Slade Senior Associate Lauren Fallick has joined the new Miami chapter of Six Degrees Society as an ambassador.

A specialty finance company is hailing a federal judge’s denial of class certification in a lawsuit against it as a victory for condo and homeowners’ associations looking to have new buyers cover delinquent assessments.

Business may be slow for realtors and developers, but it’s booming for Gary Brown, a Miami attorney with Arnstein & Lehr specializing in suing builders for construction defects.

Criminal charges could soon be in store for misbehaving condominium board members and managers if recommendations in a Miami-Dade grand jury report gain traction.

Recently, one of the largest construction defect cases in Palm Beach county history was settled just days into the jury selection process.

A housing or employment practice which is apparently neutral but negatively affects a protected class and cannot be justified by business necessity has been considered discrimination by “disparate impact” since the 1960s.

In June 2016, the Federal Aviation Administration (FAA) released regulations spanning 407 pages known as the “Small Unmanned Aircraft Rule Part 107,” which created additional regulations for commercial drone operations in the United States.

In June 2016, the Federal Aviation Administration (FAA) released regulations spanning 407 pages known as the “Small Unmanned Aircraft Rule Part 107,” which created additional regulations for commercial drone operations in the United States.

More legal wrangling is in store for residents of two luxury Miami high-rises, who first fought a successor developer over construction costs and now have filed suit claiming shoddy work.

More legal wrangling is in store for residents of two luxury Miami high-rises, who first fought a successor developer over construction costs and now have filed suit claiming shoddy work.

West Palm Beach-based builder Kolter Signature Homes, and its subcontractors, reached a $22.5 million settlement Thursday with a condo association board in a construction defect case that grew so large it required court administration to build a new venue

In the middle of jury selection for what could have been a massive trial, KolterSignature Homes and more than a dozen subcontractors agreed to pay a $22.5 million settlement to resolve a construction defects lawsuit.

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.

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 […]

When the more than 1,000 residents of a sprawling Palm Beach Gardens condominium community sued home-building giant Kolter Homes for a whopping $36 million, there was no doubt it would be a big case.

When the more than 1,000 residents of a sprawling Palm Beach Gardens condominium community sued home-building giant Kolter Homes for a whopping $36 million, there was no doubt it would be a big case.

After six years of legal maneuvering one of the longest-running cases over faulty construction in Florida is finally going to trial.

The Miami-based law firm of Haber Slade, P.A. is pleased to announce that Alexander Leon has joined the firm as an associate attorney.

What are condo associations, homeowners’ associations and other multifamily real estate boards to do as Zika spreads across South Florida? Not too much, according to real estate attorneys, who suggest caution but advise against creating liability where none exists.

The Miami-based law firm of Haber Slade, P.A. is pleased to announce that Katrina M. Sosa has joined the firm as an associate attorney.

The Miami-based law firm of Haber Slade, P.A. is pleased to announce that senior associate attorney David T. Podein has been promoted to partner.

Good news for condo and other associations once handicapped by lender liens on delinquent homeowners’ properties: New case law clarifies legal precedent and clears the way to foreclose liens for unpaid fees.

The Miami-based law firm of Haber Slade, P.A. is pleased to announce that senior associate attorney David T. Podein has been promoted to partner.

Haber Slade Senior Associate Lauren Fallick served as a panelist at the annual convention of the Florida Association of Insurance Agents (FAIA) held recently in Orlando.

MIAMI (June 20, 2016) – The Miami-based law firm of Haber Slade, P.A. is proud to announce  that four of its attorneys have been selected to the 2016 edition of Florida Super Lawyers and Rising Stars.

Condo associations across South Florida are ripping off consumers with high application fees in violation of state law, a Miami Herald investigation has found.

An 81-year-old South Miami woman faces sanctions of more than $6.8 million for freezing a massive fortune during a nasty and complicated divorce.

The tenant application process to a condominium association can be long, arduous, and sometimes, expensive.

Condominium association lawyers are celebrating a newly created Florida Bar certification for specialists in condominium and planned development law.

ENGLEWOOD — The legal saga that has dogged Sino-Fresh Healthcare since early 2004 is over, absolving the company and some of its management of alleged securities violations and giving SinoFresh $200,000 from the law firm that had originally defended it.

The Miami-based law firm of Haber Slade, P.A. is pleased to announce that Jacob Epstein has been named an associate attorney.

The Miami-based law firm of Haber Slade, P.A. has promoted associate attorneys Jonathan S. Goldstein and David T. Podein to senior associates.

After sparring with financial backers, promoters, neighbors and its landlord, House Nightclub is battling the city of Miami in court to stay open.

The Miami-based law firm of Haber Slade, P.A. has promoted associate attorneys Jonathan S. Goldstein and David T. Podein to senior associates.

The Miami-based law firm of Haber Slade, P.A. is pleased to announce that attorney Lauren Fallick has joined the firm as an associate.

The Miami-based law firm of Haber Slade, P.A. is pleased to announce that five of its attorneys have been selected for the 2015 Florida Super Lawyers and Rising Stars lists.

Condo association boards hoping to cut legal fees by performing some everyday tasks in-house will need to reconsider after the Florida Supreme Court reaffirmed an earlier opinion that these duties constitute practicing law without a license.

After months of delay, a new judge has been appointed and a tentative trial date has been set for the five-year case involving Kolter Signature Homes, whose contractors allegedly performed sub-standard architecture, engineering and construction work at San Matera at the Gardens, located just off PGA Boulevard in Palm Beach County.

A judge in Palm Beach County denied a motion on Monday to sanction Kolter Signature Homes for producing a witness who was apparently unable to answer basic questions about construction defects at a Palm Beach Gardens condominium complex that is at the center of a $40 million lawsuit.

A Palm Beach Gardens condominium marketed as luxury living during the housing boom is seeking tens of millions of dollars from developer Kolter Signature Homes for cracked concrete slabs, leaking windows and multiple other alleged construction defects.