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Charles B. Jimerson
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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: May 2014

Condo Associations and HOAs can Violate the Fair Housing Act by not Timely Responding to a Unit Owner’s Request to Keep a Service Dog

May 29, 2014 Community Association Industry Legal Blog

On March 19, 2014, the U.S. District Court for the Southern District of Florida issued an opinion of which all condominium association and HOA board members should be aware. That case, Sabal Palm Condominium of Pine Island Ridge Association, Inc. v. Fischer, involved a resident’s request to keep a service dog due to her disability. The court ultimately determined that the condo association violated federal law in its unsatisfactory response to that request. Specifically, the court held the condo association’s actions violated the Fair Housing Act, 42 U.S.C. § 3601 et seq. (“FHA”).

Measuring Delay Damages: Overhead and the Eichleay Formula

May 28, 2014 Construction Industry Legal Blog

You have proven that a delay occurred, effectively addressed the common and most applicable defenses and sifted through a few available methods to calculate damages. While these other methods, the Total Cost Method and the Modified Total Cost Method, pertain mostly to the actual work done, they do not assist in recovering jobsite or general and administrative overhead. Luckily enough, the courts have been kind enough to create a formula to allow for calculating the monetary amount for home-office overhead that corresponds to the unplanned increase in resources as a result of a delay. This post will discuss what is known as the Eichleay Formula, which is used to approximate the amount of unabsorbed overhead that is a result of a particular delay.

Basic Considerations for Residential Roofing in Florida Part 2 of 3

May 27, 2014 Construction Industry Legal Blog

Roofing systems are an integral part of any new construction. There are a number of things to consider when selecting a new roof system. Of course, cost and durability head the list, but aesthetics and architectural style are important, too. The right roof system for your home or building is one that balances these considerations. This is a three part blog that will discuss basic residential roofing considerations in Florida. Part I will discussed the basic components and types of roofs. This Part II will discuss the ventilation and “Enemies” of your roofing system. Part III will discuss considerations in selecting a roofing contractor.

Terminating Condominiums According to the Florida Condominium Act: Part VII

May 21, 2014 Community Association Industry Legal Blog

This is the final edition in a series of Blog posts dedicated to explaining the process for the termination of condominiums according to the Florida Condominium Act. This series has provided an overview of the entire termination of condominium process from the reasons for seeking termination (part I; part II), to the written plan of termination (part III; part IV) and the persons involved in carrying out the plan (part V). Arguably, the most important part of the process is allocating the sale proceeds once the plan of termination has been completed. This Blog post will discuss that process and provide the statutory requirements for distributing assets and allocating proceeds.

Terminating Condominiums According to the Florida Condominium Act: Part VI

May 20, 2014 Community Association Industry Legal Blog

This is Part VI in a series of Blog posts dedicated to explaining the process for the termination of condominiums according to the Florida Condominium Act. Previous posts in this series discussed terminating condominiums due to economic waste (part I); the optional termination process (part II); the written plan of termination (part III); executing the written plan of termination (part IV); and the termination trustee (part V). During the time a plan of termination is effective and the condominium is being terminated, the powers to carry out the process are mostly concentrated within the trustee and the association, as represented by the board of directors. However, there may be times when it is necessary to have a receiver appointed to execute the plan of termination and to conclude the affairs of the association. This Blog post will discuss the process for appointing a receiver and the duties of that receiver once appointed.

Conflicts of Interest in Florida Class Action Cases

May 19, 2014 Professional Services Industry Legal Blog

Recent case-law from the Florida Supreme Court sheds new light on conflict of interest issues resulting from class action law-suits. Many times in class action law suits, class counsel will endeavor to reach a settlement which is fair to all members, while simultaneously and inadvertently receiving objections from a minority of the class members to the proposed settlement or other course of action. What is the counsel to do in that situation? Is there a conflict such that as of the objection, the interests of the majority are now directly adverse to the interest of the minority? The Third District Court of Appeals attempted to remedy the problem by applying a balancing test of interests commonly used by the Federal court systems. Upon review by the Florida Supreme Court, the court found that the balancing test was inappropriate and that the Florida Rules of Professional Conduct fully addressed this conflict of interest issue. The decision of Young v. Achenbauch exemplifies this.

When Claimed Exemptions for Head of Household may not Apply to Garnishment Actions

May 13, 2014 Community Association Industry Legal Blog, Construction Industry Legal Blog

Once a creditor obtains a judgment against a debtor, attempting to garnish the funds, accounts and assets of that debtor held by a third party is an extremely efficient and often successful means for collecting on that judgment. Chapter 77, Florida Statutes, governs garnishment actions within the State of Florida and provides for two main types of garnishment, which have been discussed in previous Blog posts. These include a Writ of Garnishment issued to a bank or financial institution and a Continuing Writ of Garnishment issued to a debtor’s employer. Although a judgment creditor can utilize both forms of garnishment in attempting to collect on the judgment, under Section 222.11, Florida Statutes, a debtor has the right to make claimed exemptions to garnishment actions when the debtor is head of household. However, such claimed exemptions may not preclude a creditor’s attempt at garnishment in certain situations. This Blog post discusses when claimed exemptions for head of household may not apply to garnishment actions when the debtor is an independent contractor, the sole owner of a corporation or an owner of a single member LLC.

Identifying and Resolving Common Title Defect Issues in Florida

May 12, 2014 Real Estate Development, Sales and Leasing Industry Legal Blog

Owning property is a major step in life, and part of the American Dream. Having marketable title to the property is vital to achieving this major step. There are many common title defects that can be avoided with proper due diligence. When real estate titles are defective, or unmarketable, the value is substantially diminished; that is, until the title issue is resolved. This post will discuss common title defect issues, and ways to resolve these issues.

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