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Charles B. Jimerson
Managing Partner

Nikos Westmoreland
Director of Business Development

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: January 2014

Official Records for Condominium Associations: Part 1 of 3

January 30, 2014 Community Association Industry Legal Blog

Section 718.111(12) of the Florida Condominium Act and Rules 61B-22.002, 61B-22.003(3), 61B-23.002(7) and 61B-23.0021(13) of the Florida Administrative Code provide guidelines for the maintenance and inspection of the association’s official records. This blog post will identify what constitutes association official records, what records are exempt and procedures for requesting and responding to official records requests.

Avoiding Problems on Your Next Construction Project

January 29, 2014 Construction Industry Legal Blog

If you are planning to hire a contractor in Florida to perform construction work, you must first do your homework. Many times, owners will hire a contractor without confirming the contractor is properly licensed and without knowing who is actually performing the work. Below are a few key issues to understand and consider before hiring anyone to perform construction work for you.

The Computer Fraud and Abuse Act and its Application in Florida Courts

January 21, 2014 Professional Services Industry Legal Blog, Technology Industry Legal Blog

Since the advent of the computer era and its infectious spread throughout the technological world we know today, the possibility for computer related fraud has always existed. With the rise of the internet, access to all kinds of information had never been easier or faster. Even top secret information from intelligence agencies of the United States were at risk and vulnerable to hackers or people simply looking for some at-home entertainment. To a hacker, the world was at their fingertips, literally. This Blog post seeks to explore some of the laws implicated by illegal hacking and what civil remedies victims are afforded.

What are Common Expenses of an Association According to Florida’s Condominium Act?

January 14, 2014 Community Association Industry Legal Blog

Florida’s Condominium Act provides that associations have the power to make and collect assessments from unit owners, so long as such power is designated in the association’s declaration. Fla. Stat. § 718.112(2)(g). The board also has the authority to meet each year to discuss the association’s budget and to increase the assessment amount charged to each unit owner if the budget so requires in order for the association to remain solvent. Fla. Stat. § 718.112(2)(e). These assessments are levied to cover the common expenses incurred by the association, which are ultimately the responsibility of each unit owner pursuant to Florida Statutes and most association declarations. See Fla. Stat. § 715.118(2). The phrase “common expenses,” as used in this context, is a legal term defined by the Condominium Act. This blog post explores that definition of common expenses, including what falls under the definition as it relates to condominium associations and unit owner assessments.

Recalling Condominium Association Board Members According to the Florida Statutes

January 8, 2014 Community Association Industry Legal Blog

Condominium associations experience turnover within their board of administration every few years, on average. Every now and then, for various reasons, unit owners desire to recall a specific board member after he or she has been elected. Section 718.112(2)(j), Florida Statutes, provides for the rules and procedures that an association must follow to recall one of its board members. That section is contained within the required provisions of Florida’s Condominium Act, meaning that these rules and procedures for recall are deemed included within each association’s bylaws. This blog post discusses what every association should know about recalling board members, according to the Florida Statutes.

Enforceability of Contingent Payment Provisions in Construction Contracts

January 7, 2014 Construction Industry Legal Blog

Contingent payment provisions, often referred to as “pay if paid” or “pay when paid” provisions, are commonplace in subcontracts and lower tiered contracts. An often overlooked question that should be asked is, “Are they enforceable?” As is true with most questions in the law, the answer is, “It depends.” This Blog will focus on the enforceability of contingent payment provisions.

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