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Charles B. Jimerson
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Nikos Westmoreland
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Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

Monthly Archives: October 2013

Property Insurance Requirements and Responsibilities for Florida’s Condominium Associations

October 31, 2013 Community Association Industry Legal Blog

The insurance requirements for condo associations and their unit owners have been codified by the Florida legislature within Section 718.111(11), Florida Statutes. What is important for interested parties to know is that the current Florida Statutes are controlling on the issue of property insurance requirements, regardless of what is contained within a condominium’s declaration or when it was recorded. In fact, the statute’s first sentence explains that, “this subsection applies to every residential condominium in the state, regardless of the date of its declaration of condominium.” Fla. Stat. § 718.111(11) (2013). Section 718.111(11), Florida Statutes, was amended in 2013, and this blog post is to provide interested parties with a high-level overview of the current insurance requirements of Florida’s condominiums and their unit owners.

Florida Construction Liens: Fraud or Just a Good Faith Dispute

October 30, 2013 Construction Industry Legal Blog

Parties often cry “fraud” when defending against a construction lien recorded on their real property. However, the fraudulent lien card is sometimes overplayed and oftentimes lacks merit, considering the requisite proof to establish a fraudulent lien. The consequences of a fraudulent lien are significant – it is a complete defense to lien enforcement and can result in recovery of punitive damages and compensatory damages against the lienor. Sharrard v. Ligon, 892 So. 2d 1092 (Fla. 2nd DCA 2004). It can also result in the recovery of attorneys’ fees and costs against the lienor. Delta Painting, Inc. v. Baumann, 710 So. 2d 663 (Fla. 3rd DCA 1998). § 713.31, Fla. Stat. The filing of a fraudulent lien is also a third-degree felony. § 713.31(3), Fla. Stat.

October 2013 Firm Newsletter

October 30, 2013 Newsletters

Featured in the October 2013 Issue Partner’s Perspective J&C Partner Inducted into UNF Hall of Fame J&C Celebrates Second Annual Mini-Golf Tournament New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

Hurricane Protection Installation and Expenses for Florida’s Condominium Associations

October 25, 2013 Community Association Industry Legal Blog

Section 718.113(5), Florida Statutes, governs the installation of various materials for hurricane protection that Florida’s condominium associations must abide by. Section 718.115(1)(e), Florida Statutes, governs the allocation of expenses for the hurricane protection installation. Both of these sections were amended by the Florida legislature in 2013. This blog is to provide a brief overview of the main provisions of these statutes in light of those recent changes.

Online Voting for Condominium and Homeowners’ Associations: The Florida Legislature is not Keeping Pace With Technology

October 22, 2013 Community Association Industry Legal Blog

There is a new trend rising within condominium and homeowners’ associations across the country, including Florida: online association voting. The reason for this trend is simple – it solves two major problems that associations constantly face: 1) the expense of utilizing physical forms; and, 2) poor voter turnout among the associations’ members. Online voting for associations takes the hassle out of the voting process, which improves overall turnout. It appears that allowing association to perform online voting seems a no-brainer. However, not every state legislature has kept pace with technology in this area of law. Florida is one state in which the law is lagging technology as Florida law is currently silent on the issue of association online voting. This presents a problem for a Florida association that wishes to improve the experience of its members while also ensuring it is abiding by the law.

Changes to the Florida Statutes Concerning Financial Reporting for Condominium Associations

October 15, 2013 Community Association Industry Legal Blog

The Florida legislature has always given Florida’s condominium associations great flexibility to construct and maintain their own bylaws, rules and regulations in which to govern their communities. In exchange for that flexibility, the Florida Statutes, within Chapter 718, regulate the operation of condominium associations in certain areas. One such area involves the financial reporting requirements of Florida’s condominium associations, which is specifically governed by Section 718.111(13), Florida Statutes. In 2013, the Florida legislature changed and amended a few key aspects of Section 718.111(13), which Florida’s condominium associations must be cognizant of to ensure they remain compliant.

For Property Owner Actions Against Condo/HOA Associations, the Statute of Limitations Begins to run Once the Owner Gains Title to the Property

October 14, 2013 Community Association Industry Legal Blog

On August 21, 2013, Florida’s Fourth District Court of Appeal issued an opinion clarifying when the statute of limitations begins to run for a cause of action that a property owner brings against an association.  In Harris v. Aberdeen Property Owners Association, Inc., the Court held that the statute of […]

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