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 […]
Category Archives: Thought Leadership
Top 10 Things to Include in a Parenting Plan
Parenting plans will vary according to each family’s unique circumstances. However, any parenting plan approved by the Court must, at a minimum, include the following: Detailed description about how the parents will share and be responsible for the daily tasks associated with the upbringing of the child(ren); Time-sharing schedule arrangements that specify the time […]
Key Provisions in a Commercial Lease – Part II
As discussed in Part I of this series, there are several key provisions that should be given careful consideration by both landlords and tenants in negotiating a commercial lease. Although the terms should be tailored to your specific lease, premise and agreement, here are some key lease provisions in addition to those discussed in Part […]
Short-Term Rentals in Miami Beach, Now What?
Last week, a Miami-Dade County Court struck down Miami Beach’s ban on short-term rentals, which prohibits rental periods of less than six (6) months and one day in single-family and multifamily residential buildings located in certain areas. Specifically, 11th Circuit Court Judge Hanzman ruled that the City’s ordinances regarding short-term rentals are in direct conflict […]
Should Your Condo Association Adopt Online Voting?
Election season is nearly upon us, and many associations are considering whether to adopt online voting (or “E-Voting”). On July 1, 2015, legislation took effect enacting Section 718.128, Florida Statutes, permitting condominiums, cooperatives and homeowners’ associations to conduct elections and other owner votes through the use of “an Internet-based online voting system.” This article will discuss how […]
What is a Contract Provision “Material Term?”
In any business litigation involving a breach of contract claim, it is crucial that the attorneys on the case perform an analysis as to whether the breached contract provision is a “material term.” If the provision is not a material term, it is possible that the claimant might not be entitled to any damages at […]
10 Signs That You Have a Time-Sharing Problem
Time-sharing during a divorce can be easy if you have two cooperative parents dedicated to reasonable co-parenting. It can also be really hard when one or both parties refuses to collaborate. When there is a lack of mutual effort, or any conflict, guess who suffers? That’s right, the children. Your children. Sometimes it’s hard to […]
A Condominium Association Victory in the Ongoing Fight for a Prior Owner’s Assessments
A recent case, Coastal Creek Condominium Association, Inc. v. FLA Trust Services LLC has upped the ante in the fight to collect outstanding assessments owed by previous owners pursuant to Section 718.116(1)(a), Florida Statute. In Coastal Creek, the Florida First District Court of Appeal adopted a different interpretation of a Florida statute than the Florida Third District Court of […]
Key Provisions in a Commercial Lease – Part I
In negotiating commercial leases, there are several key provisions that should be given careful attention by both landlords and tenants. Counsel experienced in drafting, negotiating, and litigating commercial lease contracts should be consulted to review and negotiate these critical provisions to avoid potential consequences that may arise from a poorly drafted provision or worse, the […]
The Link Between E-Commerce and the Increase in US Cold Storage Facilities
Demand for industrial real estate continues to increase, due to a strong market, favorable interest rates, and the expansion of e-commerce. One segment of the industrial real estate market where demand continues to outpace supply is cold storage facilities and public refrigerated warehouses. Given the projected U.S. population growth, consumer demand for fresh and organic […]
What’s In Your Operating Agreement?
Every limited liability company should have an Operating Agreement. It is amazing how many business people approach us, who have a legitimate problem with a partner, and who either have never signed an Operating Agreement, have executed a cheap form Operating Agreement found on the internet, or simply lost the one that the partners originally […]
Hurricane Preparedness and Loss Mitigation for Community Associations
From Hurricane Andrew to Hurricane Irma, the State of Florida has endured numerous destructive storms that foreshadow greater potential for destruction in the future. As evidenced by the fact that many community associations are still recovering from Hurricane Irma, communities should seek help now to ensure proper planning for the next natural disaster. It is […]
How to File a Mechanics Lien in Florida
If you have furnished labor, services or materials on a construction project in Florida and have outstanding payments due, then filing a mechanics lien is the instrument you will want to utilize to ensure payment from the property owner. Florida grants lien rights to most project contributors including contractors, subcontractors, suppliers and laborers. However, be wary, Chapter 713, […]
How Florida’s Adoption of the Daubert Standard Can Impact Construction Defect Lawsuits
On June 26, 2019, the Sun Sentinel published an editorial: “The Florida Supreme Court’s new evidence rule makes it harder to sue,” which is one of the many recent articles providing commentary on the Florida Supreme Court’s May 23, 2019 ruling, which changed the standard in Florida cases for evaluating and admitting expert testimony. This ruling […]
Negotiating Delay Clauses In Contracts – When Force Majeure Is Not Enough
Most business people are probably familiar with, and expect to see, force majeure clauses in their contracts. This is an important contract clause for a party required to perform obligations—and whose performance might be delayed or limited by unforeseeable events or events outside of their control such as civil or labor riots, wars, fires, terrorism, explosions, weather […]
The Importance of Hiring Local Counsel
Court rooms can be similar to high schools. There is a dress code, albeit unspoken, and there are certain norms to be observed. One unspoken rule is that if an attorney stands out from the other lawyers as being different or out of the loop, it isn’t necessarily a good thing. This is one reason […]
Legislative Session Update Part II – Bills That Were Passed
What a difference a month makes… Last month, we provided an update on various pieces of legislation that would have impacted community associations throughout Florida. This month, we report that almost none of those extensive proposed changes were adopted by the legislature. What Passed: Legislation Extending the Deadline for Fire Sprinkler or Engineered Life Safety […]
Why Having an Operating Agreement is Important for a Florida LLC
Florida does not require Limited Liability Companies (LLC’s) to have an Operating Agreement. So why is it recommended, and important, to have one? An Operating Agreement is the governing document of an LLC, which sets forth the rules and structure for operating the LLC as well as the relationship among the members and between the […]
Ten Years with Haber Law: From Faxes to iPhones, Continued Innovation
I recently celebrated my ten-year anniversary with Haber Law. Looking back, it is remarkable how different the practice of law is and how much our firm has grown. Here are ten changes I’ve noticed: We have grown from two attorneys (David Haber and David Podein) to 11. By this summer, we’ll have 12. Back then, we shared […]
Legislative Session Update – What You Need to Know
Various bills that could dramatically affect Florida associations are presently under consideration during the current legislative session. The list below highlights some of the proposed legislative changes. This list is not exhaustive of all pending bills or provisions impacting associations. Governance and Record Keeping Senate Bill 1362 would clarify that only terms beginning in 2018 would […]
Is Your Association Missing Out on a Utilities Sales Tax Exemption?
Some associations are unaware that they could be entitled to an exemption for the sales tax related to a major expense – utilities for common areas serving exclusively residential properties, including condominiums and homes in a homeowners’ association. However, nonresidential uses are not exempt. Section 212.08(7)(j), Fla. Stat. provides an exemption for the sale of utilities […]
How do Florida Courts Address Divorce Judgments from Foreign Countries?
Florida Courts are required to recognize judgments of all kinds from other U.S. states, including divorce judgments. In fact, there is a provision in the United States Constitution called the Full Faith and Credit Clause which requires this. But what about judgments, particularly divorce judgments, that come from foreign countries? There is a legal principle that addresses […]
Optional Condo Terminations
In part one of this blog post, we covered the basics of condo terminations, dived into how they work, and promised that in part two we’d cover recent…
Florida Statute of Limitations on a Judgment Lasts 20 Years
Until recently, there has been some debate on this litigation question caused by the interpretation of some Courts that a Florida judgment is subject to a five year statute of limitations. However, the Florida Supreme Court, in Salinas v. Ramsey, 2018 WL 549183 (2018) recently considered this question and came to the conclusion that a Florida judgment actually […]
Recent Changes to the Marketable Record Title Act
Imagine not being able to collect homeowners’ association dues or enforce rules in your community. For homeowners’ associations approaching thirty (30) years of age, this threat is more than a cause for sleepless nights and may become a reality if covenants are not preserved in a timely fashion from the operation of The Marketable Record Title […]
The Florida Divorce Courts Are No Place for Tourists
The Florida divorce courts have strict limitations on who can file for divorce in Florida. Florida law requires that before a court has “subject matter jurisdiction,” a potential filer must have resided in the State of Florida for six months prior to the filing. One rationale behind this rule is obviously to discourage “divorce tourism.” […]
Condo Terminations – What Are They and How Do They Work?
The Miami Herald published an article last year – “Real Estate Developers Ran Out of Waterfront Property. Now They Might Want to Buy Yours” – and the title says it all. This complicated process is called condominium termination. It’s difficult for real estate investors to find vacant waterfront development sites in Miami and Miami Beach. The last […]
The Deadline Has Passed – Is Your Condominium Website Compliant?
We previously discussed in a prior blog post on Florida condo legislation that new requirements were established by the Florida Legislature pertaining to condominium association websites. These new requirements, which apply to all non-timeshare condominium associations with 150 or more units, require that the association must establish and maintain a website (if the association doesn’t already have one), and must […]
Tips for Homeowners on Florida’s Construction Lien Law
A construction project can be a complicated, frustrating, and costly process with a complicated construction contract. In addition to the headaches of dealing with contractors and building inspectors, owners must also be wary of Florida’s complicated lien law, Chapter 713, Florida Statutes, which provides subcontractors and material suppliers with the ability to record a lien against the owner’s […]
What is a Trade Secret?
Have you created a product that is entitled to protection? What do you have to do in order to make sure that your business secrets, known as “trade secrets,” are protected? The most common example of a trade secret is the recipe for Coca Cola. The fact that you can only buy Coke from Coke […]
Year in Review – Haber Law’s Notable Transactions from 2018
Despite the cooling of the South Florida real estate market and rising interest rates from lenders, 2018 was still a busy year for the Haber Law real estate team. Here is a look at some of our notable transactions: In a deal that closed in July 2018, Haber Law represented an affiliate of Time Century (a New York […]
Legislative Update Continued: Recalls and Financial Reporting
In 2017, extensive legislative changes were made to laws governing various condominium governance items, including board member recall procedures and association financial reporting laws. This year, several clarifications have been made to those (in some cases dramatic) changes. Board Recalls 2017 legislation upended the longstanding recall process, requiring immediate control in favor of the replacement board if […]
5 Ways to Prevent Family Business Lawsuits
Imagine you’re at the Thanksgiving dinner table with those you love the most—your family. Before you know it, someone asks, “Who did you vote for?” Next thing you know, World War III breaks out. Now imagine these same people being the shareholders and employees in your family business. If they cannot peacefully discuss the qualifications […]
An End to the Geographic Targeting Order and Reporting Requirements for Cash Purchases of Real Estate? Not Likely.
The current Geographic Targeting Order (GTO), issued by the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury, is set to expire this Friday, November 16, 2018. In essence, the GTO provides that when a buyer uses a corporate entity (such as an LLC) for cash purchases of residential real estate in South […]
2018 Legislative Update – Condominium Association Board of Director Conflicts
In this third blog post in a series providing 2018 legislative updates, we discuss legislative changes clarifying condominium conflict of interest statutes. Parts one and two of this series addressed record keeping of condominium associations, material alteration requirements, and material alterations as they relate to electric vehicle owners. CONFLICT OF INTEREST UPDATES AND CLARIFICATIONS Effective July 1, 2018, HB 841 clarified condominium conflict […]
New Florida Appellate Court Decision Finds That A Pre-Suit Notice of Defect Constitutes an “Action” for Purposes of the Statute of Repose
The Fourth District Court of Appeal recently rendered a decision in Gindel v. Centex Homes (Fla. L. Weekly D2112d), which will impact how construction defect cases will now be analyzed, pursued and litigated in Florida. Specifically, the Fourth District Court held that the sending of a construction defect plaintiff’s pre-suit notice of claim qualifies as an “action” […]
2018 Legislative Update: Changes Affecting Material Alteration Requirements and Electric Vehicle Owners
In this second blog post in a series providing 2018 legislative updates, we discuss legislative changes affecting material alteration requirements and material alterations as they relate to electric vehicle owners. HB 841, which became effective on July 1, 2018, has various profound impacts affecting both areas. Find part one of this series here. General Material Alteration Guidelines The term […]
Key Provisions in a Construction Contract – Part 1
When negotiating construction contracts for either residential or commercial projects, there are several key provisions that should be given careful attention. The following is a list some of those provisions that should be carefully considered before signing the contract. Attorneys like us who are experienced in drafting, negotiating, or litigating construction contracts should be consulted to review and negotiate […]
You’re Negotiating Wrong – Here are Key Ways to Improve
All too often, a client will present a contract proposal to me (design services for an improvement project, internet and television bulk services agreement with a national service provider, elevator service and maintenance agreement for a high-rise condominium building, and so many more) from the selected company and ask, “Can you please review this contract […]
2018 Legislative Update – Changes Affecting Condominium Association Maintenance and Preservation of Official Records
In this first entry in a series of posts providing 2018 legislative updates, we discuss changes affecting the day-to-day record keeping of condominium associations. HB 841, which became effective on July 1, 2018, has various profound impacts relating to official records. Website Requirements and Notices HB 841 extended the deadline for compliance with various condominium website requirements from […]
10 Things to Do When You Get Sued
Most people have an extremely negative reaction when they learn that they, or their business, are being sued. There are some things to consider doing in order to avoid making a potentially costly mistake when faced with a lawsuit. First, take a deep breath. Next, read the tips listed below to assist you in avoiding […]
Haber Law Attorneys Make Their Mental Health a Priority
The Word Is Out on Attorneys’ Mental Health Numerous headlines in media channels, such as The Wall Street Journal, American Bar Association (ABA), The Florida Bar Journal, and Psychology Today, highlight the legal profession’s serious problem with mental health disorders and substance abuse. Studies continue to demonstrate the prevalence of attorneys who are problem-drinkers, suffer from chronic depression and anxiety, […]
Why Miami Is So Vulnerable to Construction Defects
Miami’s unique real estate development market makes it particularly vulnerable to construction defects. A reliance on foreign buyers who are more tethered to the ups and downs of the economy makes the timing of construction in Miami more heavily dependent on the market. Real estate developers need to get all their projects up and sold […]
Law Firms Must Help Address Attorney Mental Health
Attorneys Experience Prevalent Mental Health Problems It is not uncommon for employees to experience stress, fatigue, and frustration when having to balance personal, family, and work obligations, not to mention the societal ideal to be “busy” all of the time. While many individuals are able to use positive coping strategies, such as collaborating with coworkers, […]
How to Dig Deeper Before Closing on a Condo Purchase – Part 3
As I discussed in Part 1 and Part 2 of this series, buying a condo requires a different kind of diligence than buying a single family home, because you’re going into business with strangers. You need to review documents that will clarify how the condo building is run and what rights you will have in deciding how it is […]
How to Dig Deeper Before Closing on a Condo Purchase – Part 2
As I discussed in Part 1 of this series, when you buy a condo, you’re essentially going into business with strangers, thus, before you close on the purchase, you need to review certain documents to get a better understanding of how the condo building is run. For instance, you should review the condo association’s governing documents because they […]
How to Dig Deeper Before Closing on a Condo Purchase – Part 1
As an attorney who has worked on both the buyer and seller sides of real estate transactions and understands the inner workings of high-end condominium associations in South Florida, I have key insight into unique considerations that buyers should weigh before closing on a condominium property. The concept of and rights associated with condo ownership are much […]
How (and Why) to Preserve Evidence
Something bad has happened. Your customer has breached the contract by failing to pay. Your business partner has stolen money from the business account. You have been fired. You have gotten into a car accident. Your cousin has stolen money from your elderly uncle’s bank account. All bad things right ? After you are done […]
What’s in a Condo Website Requirement? More Than Meets the Eye
In 2017, the Florida Legislature passed new laws requiring every condominium of 150 or more units to have an independent website or web portal that provides condo owners copies of certain specified official records of the condominium by July 1, 2018. At first blush, creating a website and uploading official records to it may seem like a simple requirement, but […]