The Florida Third District Court of Appeal’s revised opinion in Avila v. Biscayne 21 Condo., Inc., 50 Fla. L. Weekly D1509 (Fla. 3d DCA July 10, 2025), has significantly reinforced legal barriers to condominium termination in Florida, establishing critical precedent regarding voting rights and unanimous consent requirements that will impact condominium associations, developers, and unit […]
Category Archives: Thought Leadership
Can a Condominium Association Restrict a Unit Owner’s Attorney from Attending a Meeting?
The issue of whether a condominium association can restrict a unit owner’s attorney from attending a meeting is a common concern that touches on the intersection of association governance and the rights of individual unit owners. Understanding the scope of the association’s authority and the rights of unit owners is essential for navigating this potentially […]
What Every Real Estate Investor Should Know About Joint Venture Agreements
As the real estate market continues to attract investors from across the country, more parties are teaming up to pursue opportunities they couldn’t or wouldn’t do alone. Whether it’s a developer bringing in equity or a passive investor backing a sponsor-led project, joint ventures (JVs) are increasingly common—but often poorly documented. A well-structured Joint Venture […]
Construction Damages in Negligence v. Breach of Contract Cases
Those who have purchased condominium units or who have lived in new condominium buildings may be familiar with what attorneys in Florida refer to as the “558 Process,” a legal process in which a unit-owner controlled condominium association facilitates an investigation of its building, and depending on the results, alleges claims against the developer, general […]
2025 Condominium Legislation UPDATE
Are you a Florida Condo owner? On June 23, 2025, Governor Ron DeSantis signed House Bill 913 (“HB 913” or “the Bill”), which amends various Florida condominium laws and directly impacts the duties and obligations of board members and property managers, as well as clarifies several key changes from last summer’s biggest condominium-related bill, House […]
Construction damages in negligence v. breach of contract cases
Those who have purchased condominium units or who have lived in new condominium buildings may be familiar with what attorneys in Florida refer to as the “558 Process,” a legal process in which a unit-owner controlled condominium association facilitates an investigation of its building, and depending on the results, alleges claims against the developer, general […]
Consent and Recordings Under Florida Law
In the past year, the Haber Law litigation department has been asked a number of times a relatively straightforward question, “is it illegal to record someone without their consent?” A simple question does not always elicit a simple answer, as is the case here. The nuances of this issue are extremely detailed and involve a […]
Avoiding rabbit holes – A short guide for clients
A rabbit hole, in the legal business, may be defined as an unnecessary sojourn into an unrelated matter not connected to the client’s ultimate goal. Lawyers are famous for heading into rabbit holes, sometimes at the behest and with the encouragement of their clients and sometimes of their own accord. The question we raise is […]
Uniform Partition of Heirs Property Act
Imagine a scenario in which you, your sister, and your brother inherit a valuable piece of commercial property in Miami which you own together. The property has been in your family for generations, and upon your parents’ passing, you receive a 33.3% interest in the property together with your siblings. In essence, you all own […]
Making a list and checking it twice? No, It’s not Christmas, it’s new Records Request Requirements
If you’re one of those people who finds checking things off a list or making a chart oddly satisfying, then House Bill 1021 (“HB 1021”) is the new legislation for you. As you may have already heard, HB1021 made sweeping changes to the condominium law landscape. Perhaps none of these changes will be felt quite […]
Crunch Time: Implementing Structural Integrity Reserve Study (SIRS) Requirements
With budget season and the Structural Integrity Reserves Study (SIRS) deadline fast approaching, condominium associations should already be considering how they will implement SIRS-related obligations and the timing in which funding will begin. Condominium associations that haven’t yet obtained their SIRS should already be making arrangements to do so prior to the end of the […]
Navigating the New Statutory Requirement of Attaching Contracts to Meeting Notices
Recent amendments to Chapter 718, Florida Statutes, have introduced a new obligation for condominium associations to attach proposed contracts to meeting notices. The change is aimed at increasing transparency and ensuring that association members are fully informed about the decisions being made by their board of directors. And while the new requirement may sound simple […]
New Fining Process for HOAs Under Chapter 720
In the rapidly changing landscape of condominium and homeowner association living lately, we have seen numerous modifications to the Florida Statutes governing condominiums (Section 718 Florida Statutes) and homeowners associations (“HOAs”) (Section 720 Florida Statutes) that became law as of July 1, 2024. Florida House Bill 1203 contained multiple amendments to existing sections of Section […]
Winning is Just the First Step: A Quick Look into the Post-Judgment Collection Process
After a grueling 4-day trial full of witnesses, questioning, and jury deliberation, the Judge finally announces, “Verdict in favor of the Plaintiff.” You are elated, the Judge just told you that you won your trial and the defendant you sued for property damage owes you $250,000.00. Now you can finally relax. You are expecting the […]
FTC Non-Compete Clauses ACT
On April 23, 2024, the Federal Trade Commission (FTC) made a defining decision regarding non-compete clauses, marking a momentous shift in labor market regulations. This unprecedent decision aims to eliminate the widespread use of non-compete clauses in employment agreements effective September 4, 2024. Even with the FTC’s decision, there is still uncertainty how individual states, […]
Show Me What You’ve Got! Expedited Foreclosures Explained
Below is a brief primer designed to explain to lenders how the rules of Florida real property foreclosures have evolved to make things easier (and faster) for lenders. The foreclosure process can be a lengthy and drawn-out process. The show cause procedure in foreclosure actions aims to expedite this process by providing a faster resolution […]
The Anatomy of a Settlement
It is well documented that over ninety percent (90%) of civil cases settle before trial. Nonetheless, many clients of our firm start the process of a civil litigation matter thinking about the trial – how long it will take to get there, how much will it cost and what can a party to expect to […]
2024 Florida Legislative Recap: SB 382 Modifies Continuing Education Requirements for CAMs
This summer, Governor Ron DeSantis signed several Bills that directly affect condominium, homeowners’, and cooperative associations. On May 17, 2024, Governor DeSantis signed Senate Bill 382 (“SB 382” or the “Bill”), which modifies continuing education requirements for Florida-licensed community association managers (“CAMs”). The Bill is effective July 1, 2024; thus, all CAMs and associations should […]
2024 Legislative Session Recap HB 1021 Provides New Updates to Florida Condominium Laws
2024 Legislative Session Recap HB 1021 Provides New Updates to Florida Condominium Laws Click here to view.
Thou Shall Timely—and Completely—Respond to Records Requests: Fifth District Court of Appeal Cracks Down on HOA Obligation to Produce Official Records to Owners
At some point, every community association—whether it be an HOA, condominium, or co-op—has encountered a records inspection request and understands how time consuming they may be depending upon the scope of the request. A new case issued by the Fifth District Court of Appeal (or the “5th DCA”) solidifies the importance of an owner’s right […]
A Guide to HB 1203 and its Impact on Florida Homeowners’ Associations
A Guide to HB 1203 and its Impact on Florida Homeowners’ Associations Click here to view.
2024 HOA Legislative Update: Summary of HB 59 and HB 293
May 28, 2024, was a big day for homeowners’ associations across the Sunshine State. Governor Ron DeSantis signed two bills that create new requirements in Chapter 720, Florida Statutes, also known as the Homeowners’ Association Act. While there are other proposed and signed bills from the most recent legislative session that affect community associations, below […]
Addressing Lender’s Requests for Litigation Status Updates and Financial Health
When a prospective sale of a condominium unit is underway, lenders often require detailed information about the condominium association’s litigation status and financial health. These requests are critical to lenders to assess the risk associated with lending against a property within the community. However, for the association and management, responding to those requests can be […]
The Declaration in Your Condominium is a Contract and You Should Read it Before You Buy
For many first time condominium purchasers, a declaration of condominium can seem like another hundred page paper that is incidental to the real estate transaction. What many condominium purchasers and current owners fail to realize is the reality of the document itself and the nature of the relationship it creates between you and your condominium […]
Litigation Privilege: Your Right to Speak the Truth in a Court of Law
Imagine you have filed a lawsuit against the former contracting company completing renovations on your commercial property. In the midst of litigating your case, you hear a knock on your door. It is a process server delivering a complaint filed against you by your former contracting company for tortious interference and defamation. Your former contracting […]
Mom Loved Me More Than She Loved You – Undue Influence Claims Relating to the Execution of a Will in Florida
You may be surprised to learn that the question of who was the favorite son or daughter persists, even after death. The adage that “death ends all arguments” sometimes does not apply when the issue of sibling rivalry arises in estate planning. Will contests, based upon the claim that one heir exercised an unfair level […]
Can’t We All Just Get Along? When to Consider Implementing a Code of Conduct for a Board of Directors
The reading of a community association’s election results can be filled with mixed emotions ranging from anticipation, to worry, to excitement, but those members elected to the board of directors generally are eager and optimistic to make positive changes within their community. Unfortunately, dealing with a multi-member board of directors can have significant challenges, and […]
Understanding Director Conflicts of Interest in Florida Condominium Associations
In the realm of condominium associations in Florida, directors play a crucial role in decision-making processes. However, their actions must adhere to certain legal standards to ensure transparency and fairness. This article explores key legal cases and statutes that shape the landscape of director conflicts of interest in Florida condominium associations. Florida law defines what […]
Mastering Construction Contract Negotiations
Negotiating construction contracts is a crucial skill for contractors, design parties, and developers operating in Florida’s bustling construction industry. The ability to navigate these agreements effectively can make the difference between project success and failure. Understand the Importance of Negotiation: Effective construction contracts serve as blueprints for project success, outlining key objectives, requirements, and penalties […]
Corporate Transparency Act: Fast-Approaching Deadlines, Compliance Information and Reporting Requirements
The Corporate Transparency Act (“CTA”) was established as part of the Anti-Money Laundering Act of 2020 and is focused on combatting corporate secrecy as it relates to the advancement of criminal enterprise. The CTA is intended to minimize and eliminate the usage of corporate ‘shell’ identities that are becoming an increasingly common tool for individuals […]
Understanding “Substantial Completion” in Florida
The term substantial completion is a commonly utilized concept in construction law, not only in Florida but across various states. Substantial completion refers to a point in a construction project when the owner can make use of the building or property, even if certain minor work remains. This concept recognizes that, in some situations, strict […]
Exploring Differences in Site Conditions Claims within Construction Projects
In the construction industry, differing site conditions refer to unforeseen physical situations on a project site that substantially deviate from either the conditions specified in the contract documents or those that could have reasonably been identified before the contract’s commencement. These situations can encompass various scenarios, including previously unknown subsurface soil characteristics or the unexpected […]
Disruption Claim vs. Delay Claim: Understanding the Key Differences
In the complex world of construction projects, disputes and claims are not uncommon. Two types of claims that often arise are disruption claims and delay claims. While they may seem similar at first glance, they have distinct characteristics and require different approaches for resolution. Understanding Delay Claims A delay claim in the realm of construction […]
Florida Construction Bid Protests: What You Must Know Before Filing
When you’ve submitted a diligent and compliant bid for a public construction project in Florida, it can be disheartening to discover that the contract will be awarded to another bidder. However, beyond the disappointment, it may be in violation of the law for a governmental entity to select an alternative bid. There are specific prerequisites […]
How to Retrieve Your Binder Deposit Following an Unsuccessful Real Estate Transaction
When individuals engage in a real estate purchase, a common practice involves the buyer submitting an initial deposit, often referred to as a binder deposit. However, when circumstances lead to the contract’s failure to close, a dispute frequently ensues over who rightfully deserves the binder deposit. Understanding Binder Deposits Before we delve into the process […]
Utilizing Safeguards in Commercial Real Estate Contracts: Contingencies
Commercial real estate transactions are complex and involve substantial investments. Whether you are a buyer or a seller, entering into a commercial real estate contract can be a high-stakes endeavor. In such transactions, unforeseen challenges and risks can emerge at any stage of the deal, making it essential to have safeguards in place. Contingencies are […]
Understanding Limited Common Elements
Limited common elements in Florida condominiums, as defined by the Florida Condominium Act, refer to common elements exclusively reserved for the use of specific units or groups of units, as outlined in the condominium’s declaration. This definition highlights that limited common elements represent a subset of common elements. Examples of what might be designated as […]
Understanding Construction Escrow
The concept of escrow revolves around a neutral third party retaining funds until specific criteria are satisfied. When it comes to construction, escrow accounts are commonly established by financing institutions and project managers to reserve funds meant for construction endeavors. Large or small, most construction endeavors in Florida encompass multiple phases, possess inherent risks, and […]
Key Considerations for Sellers in Florida Real Estate Transactions
In the realm of Florida’s residential real estate, the seller’s journey extends beyond just evaluating the offered price. The genuine intent and capability of a buyer to finalize the transaction on the agreed closing date bear equal importance. For a successful sale, sellers often seek proof of the buyer’s seriousness, financial ability, knowledge of the […]
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 […]
Uniform Commercial Code in Relation to Construction Law
The Uniform Commercial Code (UCC) is a comprehensive set of laws governing commercial transactions across the U.S. While it was crafted to bring uniformity to commercial law across states, each state has the discretion to adopt the UCC as it is or with modifications. Florida, like many other states, has incorporated a version of the […]
Heatwaves and Housing: How Multifamily Buildings Can Prepare and Protect Residents
Heat events are no longer isolated occurrences; they’re becoming a norm. For multi-residential building association boards and management teams, this poses unique challenges and liabilities. Understanding Your Responsibility First and foremost, association boards and management teams have a duty to ensure the safety and welfare of their residents. This isn’t merely an ethical stance; it’s […]
Protecting Trade Secrets and Addressing Disputes
Trade secrets are often at the heart of a business’s competitive advantage. They can encompass a variety of intangibles such as formulas, processes, designs, marketing strategies, and customer lists. One of the essential tools that businesses use to protect these secrets is the non-compete agreement. However, despite their potential benefits, non-compete agreements can be a […]
Florida Senate Bill 264’s Potential Impacts on South Florida Real Estate Transactions
As of July 1, 2023, significant changes have been made to the Florida Realtors/Florida Bar (FR/BAR) “AS IS” Residential Contract for Sale and Purchase due to Senate Bill 264. This recently enacted law, effective from July 1, 2023, prohibits specific foreign individuals and companies from owning certain real property in Florida. In this blog post, […]
The Most Common Residential Construction Disputes
Residential construction is booming right now. However, not all jobs come without some issues. Some construction disputes are legitimate, but not all of them are. It’s essential to have a construction lawyer representing you if you experience a situation with an unhappy customer. Some of the most common residential construction disputes are: Poor Work […]
Do I Need a Foreclosure Attorney?
With the fluctuating economy, many people get in over their heads and end up losing their homes. Although foreclosure may be imminent, there may be options that a foreclosure attorney could help you with. What is Foreclosure? Foreclosure happens when a homeowner fails to pay their mortgage on time, and the lender evokes […]
When and How Should Equity Splits Between Co-Founders Be Formalized?
According to Harvard Business School professor Noam Wasserman, 65% of startups fail due to partner conflicts. Going into business with partners offers many benefits, but when you disagree on critical business decisions, it can result in some very negative consequences, including the dissolution of the partnership. When to Formalize Co-Founder Equity Splits As soon […]
What to Do If You’re Sued for Breach of Contract
Contracts are a normal part of business and are designed to ensure everyone keeps up their end of the bargain. However, there are occasions when it becomes impossible to abide by the rules of the agreement, and one party may sue the other for breaking a contract. That is when you need a contract lawyer. […]
Construction Law: What Contractors, Subcontractors, and Suppliers Must Know
Construction laws can be very complex. The U.S. Census Bureau reports that construction work totals $1.7 trillion annually. Construction is a massive focus of our economy, and it’s essential for anyone involved to understand how these laws might affect their project. What is Construction Law? Construction law encompasses the laws, regulations, and ordinances that […]
Landlord and Tenant Disputes and Issues
When you rent property in Florida, you have certain rights, as does your landlord. It’s essential to understand the landlord/tenant relationship, how it works, and what to do if you experience any disputes or other issues. Many renters feel powerless against their landlord, and anything the property owner does and says is allowed. It is […]
What is Developer Turnover to Owner?
When a developer builds a brand-new condo community, there comes a day when the developer must turn over ownership to the homeowner’s association. That process is called developer turnover. What is Developer Turnover? Florida law Section 720.307(1) defines developer turnover as “the transfer of association control from developers to non-developer owners.” When this […]
Six Reasons Why Homeowners Associations Need to Hire Lawyers
Covenant communities with shared amenities and common spaces are great places to live if you want maintenance-free living. Unit owners and members of the board make decisions for the group. However, as with most things in life, sometimes difficult situations occur, and a homeowners’ association needs to have legal counsel. How an HOA Attorney […]
Common HOA Violations That Can Cost You
Moving to a development governed by a homeowners’ association (HOA) invokes thoughts of pristine, manicured yards and well-maintained homes, but those benefits require all homeowners to follow the community’s rules. The failure to comply with an HOA’s covenants, restriction, and rules can lead to penalties, fines, liens, and even costly lawsuits. What is an […]
Navigating the Impact of High-Interest Rates on Commercial Real Estate
Office demand decline, a rocky banking sector, and high-interest rates are just a few of the challenges commercial real estate investors are currently facing. As a commercial real estate owner, your focus should be on the capitalization of your investment. One significant aspect of this is managing debt. The New York Times recently reported that […]
Types of Deeds
When buying or selling real estate, it’s important to understand how a deed factors into the process. There are a few different types of deeds each used in particular situations. What is a Deed? A deed is paperwork that the seller (grantor) gives to the buyer (grantee) during the sale of real property. Deeds […]
Consequences of Breaking a Contract
Breaking a contract is a serious matter. It can have far-reaching consequences, including financial losses. If at all possible, it’s essential to try to avoid any breach of contract and work things out amicably first. What Does Breach of Contract Mean? When you sign a contract with someone, you are legally agreeing to specific […]
How to File a Lawsuit Against a Company
Florida law allows companies the right to terminate an employee for any reason. However, that does not mean the company can violate the person’s rights. In some situations, someone getting fired falls under the category of wrongful termination. At-Will Employment At-will employment means that your employer can fire you for any reason unless you […]
What Does a Construction Lawyer Do, and When Do I Need One?
Regardless of the size of the construction project, problems can arise and quickly complicate things. It’s essential to rely on a trusted construction lawyer to ensure that the process is smooth all the way to the finish. What Does a Construction Lawyer Do? Construction attorneys are experienced in all facets of construction law and […]
Property Tax Codes 101
Property taxes are a fact of life. However, Florida offers its residents some tax breaks for business owners and property managers. Florida does not have an income tax, inheritance tax, or estate tax, but it does have a variety of property tax laws. How Does Florida Property Tax Work? All taxes collected in the […]
How to Resolve Construction Disputes
With any type of construction project, disputes are always possible. These issues can arise for various reasons, and you need to know how to resolve them quickly and painlessly as possible. Reasons for Construction Disputes Many of the parties involved in construction disputes don’t fully understand construction law and don’t know how to navigate […]
2022 Condominium Legislation Update: Senate Bill 4D
2022 Condominium Legislation Update: Senate Bill 4D regarding milestone inspections and mandatory structural reserve reports. Click here to view.
Florida HOA Foreclosure 101
When you buy a condominium, townhouse, or single-family home within a community with covenants, you will most often pay monthly fees to cover maintenance and external repairs. It’s essential to know all about HOA (homeowners association) or condominium homeowners association (COA) laws in the state of Florida because if you do not pay your fees, […]
What You Need to Know if You’re Moving to New York and Buying in Miami
Roughly 1,000 people per day decide to move to Florida. Many older Americans like to retire there because of the great weather and tax benefits. If you are buying property in Miami and moving from New York, here are some things you need to understand. Moving to Miami from New York When moving from […]
Five Solutions to Partnership Disputes
Going into business with a partner can be a great way to maximize your efforts and success. Your strengths and weaknesses may complement your partners’, giving you the best of both worlds. However, partnership disputes often arise, and it’s essential to know how to deal with them so you can get back to business. Here […]
10 Types of Business Fraud to Lookout For
As a business owner or professional, you need to worry about sales, operations, and management. However, you also need to be aware of common types of fraud that can plague a business and damage your credibility, reputation, and financial position. Business Fraud Prevention Make business fraud prevention part of your regular management strategy, and […]
Liability for Construction Site Accidents in Florida
Liability for Construction Site Accidents in Florida Construction site accidents are common and can devastate the injured person with ongoing pain, long-term disabilities, and financial issues due to lost wages. Liability for construction site accidents can be complex. Factors that Contribute to Construction Site Accidents Surprisingly, most workplace accidents occur on construction sites. Construction […]
Top Tips for Purchasing Luxury Miami Beach Real Estate
Investing in real estate is generally a good idea. The Miami Beach area is a hot property with values increasing regularly. If you are interested in learning how to buy a property in Miami Beach, consult the tips below. How to Buy a House in Miami Beach When purchasing a luxury Miami Beach home, […]
What You Need to Know if You’re Renovating a Home in Miami
Renovating your home can be an exciting prospect. However, it can also quickly become stressful and complex. In some cases, you need to involve the homeowner’s association, or you may need to obtain building permits. Here is everything you need to know before renovating a home in Miami. Avoiding Legal Issues Renovations can inadvertently […]
Appellate Decision Upholds a Developer’s Right to Object to an Amendment to the Declaration
Overview of First Equitable Realty III, Ltd. v. Grandview Palace Condo. Ass’n A recent decision of the Third District Court of Appeal, First Equitable Realty III, Ltd. v. Grandview Palace Condo. Ass’n, 46 Fla. L. Weekly 2199 (Dist. 3d DCA 2021) determined certain rights a developer has to object to amendments to a condominium association’s […]
State of Uncertainty: How New Laws and the End of the State of Emergency Have Changed Covid for Community Associations
Omicron and Delta have testified and the verdict is in: Covid is here to stay. Across the nation, while many other states are navigating Covid-19 vaccine requirements and mask mandates, Florida’s Governor has gone on a different kind of offensive relating to Covid. In April 2021, Governor Ron DeSantis issued an executive order which prohibits […]
2022 FLORIDA LEGISLATIVE PREVIEW
The 2021 year brought several major changes to both the Condominium and HOA Acts (which Haber Law previously summarized here), and it looks like 2022 will continue that trend. In this article, we cover what to expect from the upcoming 2022 legislative sessions and changes that may be coming for community associations. It should be […]
5 Things to Keep in Mind When Negotiating a Construction Contract
Before beginning a construction project, it’s imperative to craft an ironclad contract that protects all parties. Some things to keep in mind when negotiating a construction contract are: Timeline The timeline for the project is a serious concern. If you are the project owner, you have to ask yourself, is there a specific date […]
Can a Condominium Association Evict a Tenant?
Generally speaking, if an association’s recorded governing documents do not contain the authority to evict a tenant within the condominium, then the association probably does not have the power to do so, unless there is a separate written agreement delegating that authority from the unit owner/landlord. Under Fla. Stat. § 718.303(1), owners, tenants, and […]
Key Items in a Condo Construction Repair Bidding Process
Condo associations must be very careful when asking for bids on a repair project. All unit owners rely on the board for safe and efficient repairs while spending as little as possible to ensure the work is done correctly. Key Items for RFPs When drafting a request for proposal (RFP), condo associations must consider the […]
What Condominium Associations Need To Know About The Life Safety Task Force Recommendations
In light of the recent tragedy at Surfside, the Condominium Law and Policy on Life Safety Issues Advisory Task Force was formed to provide detailed recommendations to Governor Ron DeSantis and other lawmakers in an effort to prevent similar tragedies and to prioritize the health and safety of condominium association residents. The Task Force’s primary […]
Zoom 101 for Deposition Witnesses and Mediation Participants
New to Zoom? We were all here once. Whether you’re a witness that is giving a virtual sworn testimony or you’re going through online mediation, here’s everything you need to know before diving in. Prior to Zoom Conference Ensure that your display name and/or icon are professional and reflect your full name and not […]
Tips For Associations Planning Large Repair And Construction Projects
Maintaining the association’s common elements is one of the primary responsibilities – – and headaches – – for associations and their Board of Directors. The duty is so important, in fact, it comes up multiple times in the Condominium Act (Florida Statute Section 718.111(4) to maintain, repair, lease, and replace the common elements; Section 718.111(3) […]
Association Responses to Requests for Information Regarding Condominium Structural Integrity
In the wake of the devastating collapse of the Champlain Towers South Condominium in Surfside, Florida, many current owners and potential purchasers of condominium units are, understandably, requesting information from associations regarding the structural soundness of the condominium property. Although associations generally do not, and are not required to, release their official records to potential […]
Issues with the 558 Process
Following the tragic collapse of Champlain Towers South, there has been much talk about Florida Statutes Chapter 558, which deals with the process condo/unit owners must follow to file claims for development defects. What is Chapter 558? To provide an alternative method to resolve construction disputes and protect the rights of condo association owners, […]
Will Aventura’s New Law Help Condominium Owners or Simply Expose them to Liability?
The City of Aventura’s recently passed an Ordinance, which represents an effort to regulate structural oversight for community associations in the aftermath of the Champlain Towers tragedy in Surfside. The Ordinance requires community associations, including condominium associations and homeowners’ associations, to share all engineering, architectural, and life-safety reports that are conducted on a building with […]
What is a Marital Settlement Agreement?
The statistics on divorce rates are staggering, and even marriages that start out strong may end up in divorce. Therefore, it’s essential to learn all you can about the process of divorce, how it works, and how it can affect you. The Marital Settlement Agreement One aspect of divorce is the marriage settlement agreement. […]
Building Codes 101
One basic requirement for every new construction project and every 40-year recertification in the State of Florida is that the design and construction must comply with the Florida Building Code. Another requirement is that the construction must pass inspections by the local building official. In order for any high-rise building to pass inspection (and for […]
Legal Actions Associations Can Take if an Owner Does Not Pay Assessments
Community Associations, including condominium and homeowners’ associations, have specific responsibilities to their owners to ensure that budgets are met and maintenance and operation services are performed. For an association to be able to achieve these goals, owners must pay their assessments in full, and on time. When owners fail to fully or timely pay, the […]
Immunity for Condos from Covid-19 Liability
COVID-19 has changed our way of life in so many ways. Accordingly, new laws have been enacted to address the concerns and protect those affected by the pandemic and legal issues that stem from the fallout. New Florida Law S.B. 72 A new bill, S.B. 72, was recently signed into law by the governor […]
Five Things You Should Know About Landlord-Tenant Negotiations
When signing a commercial lease, each party has differing concerns and will want the lease crafted to protect their interests. Regardless of which side you are on, there are a few items that must be clearly drafted in the lease agreement to avoid problems in the future. 1. Additional Rent or Common Area Charges […]
Who Is Responsible for Construction Defects?
One of the most critical questions to answer after the discovery of a construction defect is who is responsible for the damage? That may not be a quick or easy thing to determine. What Can Go Wrong with a Construction Project Many things can go wrong on a construction project ranging from bad design, […]
Conducting Condominium Elections During COVID-19
It’s that time of year again—Election season! As many condominium associations begin preparing to hold their annual membership meeting, many are wondering how to do so safely given the ongoing COVID-19 pandemic. Fortunately, over the past few years we have learned there are several different technologies that will allow association members to participate in […]
What Condo Associations Should Do to Prepare for a Holiday Season Amidst a Pandemic
With Covid-19 cases on the rise and the holidays approaching, the re-opening of common element facilities should be viewed with care. Associations should revisit the numerous safety considerations that informed the re-opening process. The following is a list of some of these critical issues: Associations should confirm whether they are still able to adhere […]
Developer Liability for Building Code Violations Under Section 553.84, Florida Statutes
Among the numerous causes of action available to construction defect plaintiffs in the State of Florida, there is Florida Statute Section 553.84, which creates a statutory cause of action for owners based on violations of the Florida Building Code against parties who “committed” the violation. Defering Responsibility to Other Parties In construction defect litigation, […]
Can I Modify My Alimony Because of the Pandemic?
Millions of Floridians are now suffering a significant decrease in income due to the pandemic. Can individuals who have obligated themselves to pay a fixed sum in alimony to a former spouse now modify that obligation in recognition of the fact that their income has been reduced? The answer, like many things in the law, […]
Statutory Mechanisms to Potentially Remove and Extinguish Construction Liens
A construction lien is filed against your property claiming that a contractor (or even a subcontractor hired by your contractor) was not paid for labor, services, and/or materials rendered. However, there are statutory mechanisms under Fla. Stat. §§ 713.22 and 713.24, which permit a property owner to transfer the lien to a security and […]
The Florida Mortgage and Eviction Moratorium: Clarification for Community Associations
On April 2, 2020, Governor Ron Desantis issued Executive Order 20-94 which temporarily suspended all mortgage foreclosure and residential eviction “cause[s] of action” for 45 days. The Order was subsequently extended four times, most recently pursuant to Executive Order 20-180 (“EO 20-180”), which was issued on July 29, 2020 and extended the moratorium until […]
Don’t Love Thy Neighbor’s Construction Project Damaging Your Building? An Overview of Potential Claims and Remedies.
A new, neighboring building is being constructed, or an existing adjacent building is undergoing renovations, which poses the risk of causing, or actually causes, damage to your condominium association during the process. Here is an overview of potential damages, remedies, and solutions regarding neighboring construction issues. Damages caused by neighboring construction projects may include: […]
Florida Restaurant Owners Ask: Can I Take a Customer’s Temperature?
The world has changed dramatically in the last ninety days. Just last year, the question of whether a restaurant would even ask a customer to take the customer’s temperature would have been unthinkable. Now, it is actually happening. All over the country. Taking your customer’s temperature before dining may provide solace to restaurant owners and […]
When Are Your Civil Litigation Attorneys’ Fees Recoverable?
Litigation can be a time-consuming, stressful, and often expensive process. A civil dispute can drag on for years, causing out-of-pocket expenses in attorneys’ fees and other costs (including filing fees, expert fees, process servers, etc.) to pile on. However, there are certain ways under Florida Law in which a litigant may be entitled to recover […]
Legal Issues for Restaurant Owners
The current pandemic has ravaged the restaurant industry and has caused hardship on a scale not previously imagined. It used to be that a restaurant owner’s most cherished assets were its investors, its chef, or its best Maître D. Now, in the current crisis, a restaurant owner’s best friend may be its lawyer. The Coronavirus […]
Smoking in Condo Associations: Cigarettes & Medical Marijuana
Over the past forty years, the United States has experienced a sweeping movement to ban smoking from just about everywhere. Many condominium owners’ associations (COA) have adopted smoking bans that prohibit owners from smoking in common areas and even inside their own living space. Medical marijuana complicates this issue even further. Smoking in Common […]
Considerations in Settling Cases (Mediation/Settlement Conferences)
Mediation is an alternative dispute resolution (ADR) method, where the participants meet with a third party (mediator) to negotiate a potential settlement. The mediator is required to be unbiased, and he or she does not work for either side. The mediator listens to each side’s position and helps to facilitate a voluntary resolution to the […]