Category Archives: Thought Leadership

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 […]

When Courts Decline Enforcement of Mandatory Venue Provisions: Understanding Complexities and Compelling Circumstances

Forum selection clauses, commonly found in contracts across various industries, are intended to provide clarity and predictability in resolving disputes by specifying the jurisdiction where legal proceedings must take place. However, there are instances where courts may refuse to enforce these clauses, even if they are deemed mandatory and enforceable under the law. Such circumstances […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Importance of Waterproofing as a Requirement in the Developer’s Turnover Inspection Report

After the tragic events surrounding the Surfside collapse in June of 2021, the Condominium Law and Policy on Life Safety Issues Advisory Task Force (“Task Force”) released twelve different recommendations to Governor Ron DeSantis and other lawmakers (which Haber Law previously summarized here), in an effort to prevent similar tragedies and provide for the safety […]

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 […]

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 […]

Preparing Documents an Association is Required to Provide to Prospective Purchasers

In today’s market, homebuyers need to act swiftly and are often under time constraints dictated by the purchase contract. Thus, it is important for condominium associations to be prepared for when a prospective purchaser makes a request for documents that the association is required to provide (and know what an association is not required to […]

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 […]

Resolution to Payment Disputes in Construction Projects

Construction projects often come with unexpected delays, performance issues, and sometimes payment disputes. As the contractor or developer, it’s imperative to deal with payment disputes before the project begins. You can do so by adding specific provisions and protections in the contract to address payment issues before any arise.   Mitigating Payment Issues Everyone involved […]

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 […]

Legislative Update for Condominium Associations and HOAs

This past summer, the Florida Senate implemented several Senate Bills that were signed by Governor Ron DeSantis, which added new requirements for condominium, homeowners, and cooperative associations. While the below article is not comprehensive of all new legislation impacting housing associations, the following discusses Senate Bill 56 (new rules regarding foreclosures, liens, collection of assessments, […]

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, […]

What Can A Condo Association Do If A Resident Has COVID-19?

It has been nearly a year since the country went into lockdown due to the pandemic, and condominium associations continue to grapple with how to maintain the health and safety of their residents and employees as the threat of COVID-19 continues to affect our daily lives.  Due to the number of residents that may inhabit […]

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 […]

Tips for Small Businesses as They Reopen Under Phase II

As our country reopens, businesses have to comply with new laws regarding keeping employees safe and enforcing social distancing rules to eliminate the risk of exposure to COVID-19.    Guidelines from OSHA and the EEOC Some tips from OSHA and the EEOC to ensure you are complying with Phase II guidelines are: Remote Work – […]

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, […]

Planning Ahead for 2021: A Brief Guide to Annual Budgets

As we approach the final months of the year, community associations and their Board of Directors must start planning for 2021. There is no question that the global pandemic caused by COVID-19 this year has unexpectedly and significantly impacted every facet of our lives.  Condominium Associations have particularly felt the financial repercussions of the pandemic […]

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 Construction Industry During a Pandemic—Will there be a shift to focus on consequential damages?

Somewhat counterintuitively, consequential damages are damages which flow indirectly from a breach of contract. In a construction project, these damages are typically related to delays to the performance or completion of a project. By way of example, in the construction of a restaurant, if the project is delayed and not completed on time, the owner […]

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 […]

Construction Delays & COVID 19

Construction delays are often a common dispute amongst owners, contractors, subcontractors, design professionals, and the like. The judicial system is bound to see an increase in delay damage claims given the COVID-19 pandemic and resulting government shutdowns. Having an experienced construction lawyer is critical, now more than ever, in order to (a) negotiate construction contracts […]

Tips for Timesharing During the Coronavirus Pandemic

Timesharing can be difficult for many families, especially during the COVID-19 pandemic. As families continue to practice social distancing to mitigate the spread of the virus, issues may arise when the children are being exchanged between households and parents may want to deviate from their timesharing plan. However, the Florida Statutes and most timesharing agreements […]

Legislative Update on Emotional Support Animals

On June 23, 2020, Governor DeSantis approved Senate Bill 1084, which made certain changes to Florida’s existing housing laws as they pertain to emotional support animals (“ESA”).  The new legislation, which went into effect on July 1, 2020, aims to penalize: (i) individuals who falsify and/or provide fraudulent information in order to obtain documentation supporting […]

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: […]

Board Member Eligibility for Entity-Owned Condominium Units

It is common for entities, such as a corporation, LLC, or partnership, to hold title to a condominium unit. However, this form of ownership can result in entity-owned units being prohibited from submitting a candidate for the condominium’s board of directors when the condominium’s governing documents limit board member eligibility to unit owners.   The […]

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 […]

The Unwitting Waiver of Construction Contract Provisions

What may seem to be an iron clad construction contract provision, may not turn out to be that way in practice–it may depend on the performance of the parties to the contract. Construction project owners need to be aware that courts of law may interpret certain actions or inactions by an owner as constituting a […]

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 […]

Pre-Turnover Contracts – Condominium Association Members Right to Cancel

Can a condominium association decide to terminate a contract entered into by the developer prior to turnover? If so, what contracts are subject to termination? What are the specific procedural and voting requirements in order to terminate the agreement? What are my options? To answer these questions, it requires the review and analysis of an […]

Indemnification for Construction Claims: 101

Some of the most common questions posed to a construction law attorney are concerning indemnification clauses in construction contracts. Indemnification is critical in construction projects, as it limits liability and minimizes risk. While there are multiple avenues to pass through the liability that can arise from a construction project, indemnification is likely the most commonly […]

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 […]

10 Things Unit Owners Should Know About the Recall Process for Condominium Associations

Sometimes, the people who serve on an Association’s Board of Directors are not necessarily the best suited for the job. Whether it is a Board member’s failure to act in the Association’s best interest or their self-serving or, otherwise, improper conduct, unit owners are able to remove or “recall” a Board member they feel should […]

Condominium Association Material Alterations

Can the Board of Directors decide to change the color of your condominium building or the interior hallways from carpet to white marble tiles? What limits are placed on the Board of Directors’ authority to change the design or elements of a condominium building? These questions all involve the ins and outs of material alterations […]

Prompt Payment on Construction Projects

As any construction industry professional knows, payment disputes are extremely common on both private and public projects. Many times, payment occurs many months (or even years) later. Delayed payment is not only detrimental to a project running smoothly and finishing on time, but it also causes general contractors and subcontractors financial hardship while they balance […]

Consideration of Punitive Damages in Business Disputes

It is important to consider whether there may be a potential basis for punitive damages in any business or commercial litigation disputes, especially where the claims allege business torts and intentional wrongdoing. If utilized properly, punitive damage claims can be an effective tool for claimants because asserting a punitive damage claim may potentially increase the […]

Miami Transfer Fee Controversies: A Wake Up Call for Associations

Condominium associations across South Florida have come under scrutiny for imposing mandatory, non-refundable “transfer fees” on residents in connection with the lease or sale of units. Indeed, several years ago this firm was quoted in an article in the Miami Herald addressing the issue, and this year, a class action lawsuit resulted in an association […]

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