Monthly Archives: November 2015

Receivers Appointed Over Condo Associations and HOAs May Levy Special Assessments

Both the Florida Condominium Act (Chapter 718, Florida Statutes) and the HOA Act (Chapter 720, Florida Statutes) allow for a court-appointed receiver to oversee an association’s affairs in certain situations. When appointed, a receiver will have authority to act as the association’s board pursuant to the court’s order appointing that receiver. A receiver’s authority can be broad and difficult to challenge absent an abuse of power. Court-appointed receivers can also manage the finances of an association facing financial difficulties with its creditors. As this blog post will discuss, receivers appointed over a condo association or HOA may be able to levy special assessments against the association’s members. Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas:

Do You Need Expert Testimony Regarding Interpretation of the Florida Building Code?

Is trial looming close and are you thinking to yourself who is going to make the best expert for interpretation of the Florida Building Code on that construction defect case? Guess what? You don’t need an expert. In fact, it would be improper for the court to allow this type of testimony other than in very limited circumstances for very limited purposes.Construction litigation frequently requires fact finders, whether judges, juries or arbitrators, to determine whether there has been a violation of the Florida Building Code as an ultimate issue in causes of action for statutory violations of the Code, negligence of contractors and professional negligence of design professionals. This might leave some practitioners scratching their head pondering how they will prove that a violation of the Code may or may not have occurred in a given case. The following is a discussion of why expert testimony regarding the proper interpretation of the Code is improper and the solution to this seemingly perplexing problem. This doesn’t mean that you don’t need an expert for any issues dealing with whether or not there has been a violation of the building code, but it is important to realize the proper use of expert testimony for building code issues. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Florida Residential Swimming Pool Safety Act

In Florida, drowning is the leading cause of death of young children and is also a significant cause of death for medically frail elderly persons. Adult supervision is the key to accomplishing the objective of reducing the number of submersion incidents, and when lapses in supervision occur a pool safety feature designed to deny, delay, or detect unsupervised entry to the swimming pool, spa, or hot tub will reduce drowning and near-drowning incidents. In furtherance of this initiative, the Florida Legislature enacted the “Preston de Ibern/Mckenzie Merriam Residential Swimming Pool Safety Act” in 2000. See Chapter 515, Florida Statutes. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Penalties For Unlicensed Contracting In Florida

Unlicensed contracting in the State of Florida occurs every day and is a huge problem in this state. Chapter 489, Florida Statutes, regulates the “construction industry” in Florida “in the interest of the public health, safety, and welfare.” § 489.101, Fla. Stat.. In the fight against unlicensed contracting activities, the Florida Legislature and Courts have fashioned a host of remedies. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Florida Construction Liens and Bonds: Beware of the Notice to Owner and Notice to Contractor Requirement

Florida construction lien and bond law is filled with many requirements that must be strictly followed and that are strictly construed by Florida courts. Indeed, the Florida Construction Lien Law of Chapter 713 of the Florida Statutes, governing private construction projects, is designed to help ensure payment for work performed and to protect owners from paying for work more than once. Read Full Post

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