Monthly Archives: May 2015

Florida’s 2015 Legislative Session: Impact to the Construction Industry

The Florida Legislature’s 2015 Regular Session is complete. This blog addresses the bills, which passed, that we think have the greatest impact on the construction industry. We provide the highlights for each bill, in no particular order: Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Determining Ownership Within Boundary Disputes Part IV: Litigating Unrecorded Land Claims

This blog post is Part IV in a series of blog posts discussing the determination of ownership in boundary disputes. Part I discussed the different claims and elements of claims that may be asserted in a boundary dispute action. Part II discussed the different types of information that can be used to prove or disprove ownership in a boundary dispute action. Part III discussed the determination of ownership of water or land abutting bodies of water. The focus of this blog post focuses on determining ownership with unrecorded land claims. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Construction and Design Claims: Beware of the Statute of Limitations and Repose

Contractors, developers, owners, and anyone involved in the construction and design industry must be aware of the time periods for bringing suit to enforce construction and design related claims. Florida law has various limitations periods for filing of lawsuits. 95.11 Florida Statutes. These time periods are referred to as the statutes of limitation. If a lawsuit is not filed during the requisite time periods, the claim is deemed to be time barred. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions: Part V

This blog post is part V in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. Part I explained that associations have the statutory power to expedite the foreclosure process when lenders are delaying and illustrated that by implementing a consistent policy for appearing in lender foreclosure actions and expediting the legal proceedings, associations can save tens of thousands of dollars over the years. Part II addressed the unclaimed revenue in the form of foreclosure sale proceeds that associations fail to capitalize on when not appearing in lender foreclosure actions. Part III demonstrated that appearing in lender foreclosure actions allows associations to better determine if the foreclosing entity is entitled to Safe Harbor protection or not, and Part IV discussed ensuring the lender immediately begins paying assessments after taking title, including when it is worth pursuing the prior homeowner for the remaining unpaid assessment balance. This fifth and final post in the series explains when an association should initiate its own foreclosure action depending upon the status of the lender’s action. Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: , ,

Determining Ownership Within Boundary Disputes Part III: How To Determine Whether You Own The Water You Live On

This blog post is Part III in a series of blog posts discussing the determination of ownership in boundary disputes. Part I discussed the different claims and elements of claims that may be asserted in a boundary dispute action. Part II discussed the different types of information that can be used to prove or disprove ownership in a boundary dispute action. This blog post shifts to disputes over ownership in the water you live you as well as the use interests associated with certain bodies of water. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Aging Populations and Multiple Generations in Community Associations

For the first time in United States history, more and more adults are choosing to stay in their home as they age.  The reasons for wanting to stay in the home range from a personal choice stemming from the desire … Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas:

Determining Ownership Within Boundary Disputes Part II: Information Used To Prove Proper Ownership

This blog post is Part II in a series of blog posts discussing the determination of ownership within boundary disputes. Part I discussed the different claims and elements of claims in boundary dispute actions. This second post concerns the information used in proving ownership in boundary disputes. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Determining Ownership Within Boundary Disputes Part I: An Overview Of Claims Available And Analysis Of Elements Required To Prove Those Claims

A disagreement arises between two neighbors as to the boundary line of their parcels, now what? This blog will explore the claims that may be raised in a boundary dispute. Preliminarily, before exploring the different claims that may be asserted to resolve boundary disputes, practitioners must deal with the threshold issues of private ownership, third-party causation, and insurance coverage. First, the practitioner must determine whether the disputed property is actually subject to private ownership. Lee v. Williams, 711 So. 2d 57 (Fla. 5th DCA 1998). If so, the issue moves forward with regard to which claim is best fit for the factual circumstances. If not, the dispute may automatically end or the course of the dispute takes a different route than a private ownership claim. A secondary threshold determination is whether a third party is responsible for the boundary dispute. This issue may arise when a seller makes a misrepresentation to a buyer of property regarding the boundary lines of the property such that the buyer reasonably relied on said representation. The final threshold issue is the application of insurance and whether the dispute is covered under the title insurance. While these three preliminary issues are not exhaustive of all threshold issues in a boundary dispute claim, these are the main issues to be aware of and to look for before delving into litigation. Read Full Post

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