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Monthly Archives: August 2014

August 2014 Firm Newsletter: Service and Gratitude

August 30, 2014 Newsletters

Featured in the August 2014 Issue Partner’s Perspective: Service and Gratitude J&C Named one of the “50 Fastest Growing Companies in Northeast Florida” J&C Named One of the “Best Places to Work in Northeast Florida” J&C Attorney Now Certified in Georgia New Law Blogs Curiosities, Ruminations and Various Eccentricities of […]

Debt Collection in Florida: Know the Rules

August 28, 2014 Professional Services Industry Legal Blog

By: James O. Birr, III, Esq. and Sterling Spencer
When it comes to collecting a consumer debt, individuals, businesses and attorneys’ must be familiar with the Florida Consumer Collection Practices Act (“FCCPA”) and its federal counterpart, the Fair Debt Collection Practices Act (“FDCPA”). Like the FDCPA, the FCCPA protects consumers from abusive, harassing, and unfair debt collection practices. This post addresses Florida federal court case law as to damages for violations of the FDCPA and FCCPA, as well as recent changes to the FCCPA, effective October 1, 2014.

The Differences Between Homeowners Association and Condominium Association Law in Florida – Part II: Records Inspections and Alterations to Property

August 28, 2014 Community Association Industry Legal Blog

Our previous post, the first of a three part series, discussed the differences between homeowners association and condominium association law in Florida pertaining to basic board operations. This post, the second of a three part series, discussed the differences between homeowners association and condominium association law in Florida pertaining to […]

The Differences Between Homeowners Association and Condominium Association Law in Florida – Part I: Board Operations

August 27, 2014 Community Association Industry Legal Blog

Under Florida’s association laws, each type of community association differs from each other type of community association primarily in the manner in which each association and the association’s members own real property within the community. For example, with Condominiums, a member owns in fee simple a “unit” for the member’s […]

Purchaser of Property at Tax Sale is not Liable to Condo Associations & HOAs for Unpaid Assessments

August 26, 2014 Community Association Industry Legal Blog

Florida’s Fourth District Court of Appeal issued an opinion in March of 2014 concerning properties governed by an association that are sold at a tax sale. The court, in A to Z Properties, Inc. v. Fairway Palms II Condo. Ass’n, Inc., held that when property with unpaid association assessments is purchased at a tax sale, the purchaser is not liable to the association for those unpaid assessments. No. 4D13-1267 (Fla. 4th DCA 2014). The court’s reasoning is that an assessment lien is extinguished by the issuance of a tax deed. Id. This post will analyze that case, including the ramifications that decision has on Florida’s community associations and what associations can do to avoid finding themselves on the wrong end of this situation.

Five Ways for Commercial Landlords to Protect Themselves in Commercial Real Estate Leases

August 19, 2014 Real Estate Development, Sales and Leasing Industry Legal Blog

Outside of Florida’s codified landlord/tenant laws, there are several ways a landlord can protect itself when involved in a commercial real estate lease.  This blog post highlights some of the ways that commercial landlords may protect their personal and financial interests in commercial real estate leases. 1. Vet credit from […]

General Contractors: Make Sure you Have a Subcontractor Exception to Your Work Exclusion in Your CGL Policy

August 18, 2014 Construction Industry Legal Blog

By Austin B Calhoun

Do you know what your CGL insurance policy covers? General contractors may expect that their CGL policy covers the cost to repair defective work, or other components of the project that were damaged by defective work. This may be one of the primary reasons a contractor purchases CGL insurance. However, this coverage may not exist. It depends on the language of the policy and endorsements. Of particular importance is the “your work” exclusion and the “subcontractor exception,” which were the subject of a recent Florida case. In J.B.D. Construction, Inc. v. Mid-Continent Casualty Company, 2014 U.S. App. LEXIS 13358 (11th Cir. July 11, 2014), the court denied coverage based on the “your work” exclusion. This blog looks first at the concept of “property damage” coverage and then examines how the holding of J.B.D. Construction impacts the breadth of property excluded from “property damage” coverage by the “your work” exclusion. Lastly, we examine how elimination of the “subcontractor exception” renders your insurance nearly useless in construction defect cases.

The Impact of Tiara Condominiums: Independent Tort Claims and Jury Trial Waivers Make Their Way to Florida Banking Law

August 18, 2014 Community Association Industry Legal Blog

The newest development concerning independent tort claims and causes of action arising from a breach of contract manifests as a result of Tiara Condo. Ass’n., Inc. v. Marsh & McLennan Co. and is exemplified through the holding of Marian Farms, Inc. v. SunTrust Banks, Inc. Marian Farms, Inc. v. SunTrust […]

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