Monthly Archives: December 2013

Terminating A Notice of Commencement in Florida: Owner and Lienor Beware

The Florida Construction Lien Law is an intricate machine full of requirements and traps for the unwary. The notice of termination of notice of commencement (Notice of Termination) is no exception. For the construction project’s owner, the Notice of Termination is a sworn document from the owner. For the lienor, the Notice of Termination is a sign that something is happening on the project and, therefore, the lienor must act quickly to preserve the priority of its lien for amounts owed. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Association Liens for Unpaid Assessments Do Not Survive the Issuance of a Tax Deed

On September 20, 2013, Florida’s Second District Court of Appeal issued an opinion in the case of Cricket Properties, LLC v. Nassau Pointe at Heritage Isles Homeowners Association, Inc. This opinion is of great importance to all community associations across the state of Florida as it concerns an association’s ability to enforce liens for unpaid assessments when there has been an issuance of a tax deed on the subject property. According to Florida’s Second DCA, an association lien for unpaid assessments does not survive the issuance of a tax deed. Cricket Properties, LLC v. Nassau Pointe at Heritage Isles Homeowners’ Ass’n Inc., No. 2D12-6194 (Fla. 2d DCA 2013). Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: ,

Florida’s Revised Limited Liability Company Act: Part V – Proper and Improper LLC Distributions Under the Revised Act.

This blog post is the fifth in a series of posts that will discuss Florida’s Revised Limited Liability Company Act, which was passed into law in June 2013 and is codified in Chapter 605, Florida Statutes. The Revised Act takes effect January 1, 2014 for all LLCs formed after that date. For LLCs formed prior to 2014, the Revised Act becomes mandatory on January 1, 2015. Although much of Florida law governing LLCs remains the same under the Revised Act, there are significant changes that managers and members of LLCs should be aware of and that may require revisions to existing operating agreements. This post focuses on the rights of members and managers to take distributions from LLCs, along with discussing liability for improper distributions. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Top 5 Issues in Today’s Hydraulic Fracturing Litigation

A concern regarding the cleanliness of our water supply is not a new issue. Litigation revolving around the cleanliness of our water supply is increasing daily thanks in part to hydraulic fracturing. Hydraulic fracturing—often referred to as “fracking” or “hydrofracking”—and horizontal drilling are not new ways to produce oil and gas; the use of hydrofracking has simply increased recently. Hydrofracking was first tested in 1903, and first used commercially in 1948. By 1988 hydrofracking had been applied to one million wells, and currently about 35,000 wells per year experience some measure of hydrofracking. As the use of hydrofracking has increased so have the concerns, resulting in an increase in related litigation. Part of the explanation for the increased hydrofracking litigation is because fracking is now being used in jurisdictions that are not familiar with oil and gas drilling. A majority of the litigation revolves around concerns of the potential effects on groundwater and chemical composition of the liquids used in hydrofracking, but property, tort, and contract claims have grown exponentially in relation to hydrofracking. This Blog post seeks to explore the top 5 hottest legal issues in hydraulic fracturing litigation. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Florida’s Revised Limited Liability Company Act: Part IV – Indemnification of Members and Managers

This blog post is the fourth in a series of posts that will discuss Florida’s Revised Limited Liability Company Act, which was passed into law in June 2013 and is codified in Chapter 605, Florida Statutes. The Revised Act takes effect January 1, 2014 for all LLCs formed after that date. For LLCs formed prior to 2014, the Revised Act becomes mandatory on January 1, 2015. Although much of Florida law governing LLCs remains the same under the Revised Act, there are significant changes that managers and members of LLCs should be aware of and that may require revisions to existing operating agreements. This post focuses on the changes to Florida law concerning the indemnification of members and managers of LLCs. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Obtaining fair value for dissociated, oppressed or redeemed minority LLC members in Florida

We are often asked by clients who contact us in corporate disputes how they can maximize value when they are a minority interest holder of an Limited Liability Company when the LLC operating agreement authorizes the Board, at its discretion, to repurchase a member’s interest at book value? In short, there are primarily two approaches to reach a fair value determination of the minority’s membership interest: (1) request equitable relief on the basis of a fiduciary breach claim, or (2) request equitable relief from minority oppression. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Can a condominium association tow vehicles for unpaid assessments? 2013 Florida law amendments address the issue

Recent changes to the Florida Statutes may require many condo associations to modify their parking management programs. The Florida Legislature enacted House Bill 73 (“HB 73”), effective July 1, 2013, which limits the association’s power to suspend unit owners, tenants and guests from using specific common elements under Section 718.303(3)(a), Florida Statues. Among the new changes: an association may no longer suspend the right of owners, tenants or guests from using parking spaces. Until recently, this statute has been a broad source of power for associations to incentivize unit owners and residents to comply with the rules of the association. But the legislature giveth; and the legislature taketh away. So how do these new changes affect the status quo of an association’s parking program? Will condo associations be liable for expenses and damages for towing unauthorized vehicles? And how does the condo association comply with the new law, and yet still accomplish the goals of the association? This Blog post seeks to answer those questions and more. Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas:

Florida’s Revised Limited Liability Company Act: Part III – The Right to Dissociate from the LLC

This blog post is the third in a series of posts that will discuss Florida’s Revised Limited Liability Company Act, which was passed into law in June 2013 and is codified in Chapter 605, Florida Statutes. The Revised Act takes effect January 1, 2014 for all LLCs formed after that date. For LLCs formed prior to 2014, the Revised Act becomes mandatory on January 1, 2015. Although much of Florida law governing LLCs remains the same under the Revised Act, there are significant changes that managers and members of LLCs should be aware of and that may require revisions to existing operating agreements. This post focuses on the power of members to dissociate from an LLC under the Revised Act. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

CONDOMINIUM ASSOCIATION OFFICIAL RECORDS AND WRITTEN INQUIRIES

Condominium associations in Florida often receive requests from unit owners to examine the “official records” of the association, as well as written inquiries seeking information from the association’s board. See Section 728.111(12) and 718.112(2)(a)2. of the Florida Statutes. The Florida Condominium Act empowers condominium unit owners to request such information, however, the scope of such requests inquiries is limited. Read Full Post

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