Monthly Archives: June 2016

Community Association Managers Beware: Unlicensed Practice of Law

Community Association Managers (CAMS) in Florida are vital to the survival of condominium associations and homeowners’ associations. Associations and their board members rely on CAMS to ensure the associations run smoothly. CAMS must be licensed through the Florida Department of Business and Professional Regulation, and are governed by the Florida Statutes and the Florida Administrative Code. See Fla. Stat. 468.431-461.438 and Florida Administrative Code 61E14-2.001.
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CATEGORY: Florida Community Association Law Blog Practice Areas: , ,

5 Prudent Actions a Community Association Should Consider When Navigating Turnover

Whether your community association is a Homeowners Association, governed by Chapter 720, Florida Statutes, or is a Condominium Association, governed by Chapter 718, Florida Statutes, there are important things the Community Association Board (hereinafter the “Board”) should know and important … Read Full Post

CATEGORY: Florida Community Association Law Blog Practice Areas: ,

Condominium Associations Suffer Financially When Failing to Amend Their Declarations

In 2014 the Florida Condominium Act (the “Act”) was amended to make it easier for Condominium Associations to recover past-due assessments from third-party purchasers at a mortgage foreclosure sale.  The longstanding Florida law is that a condo unit owner is … Read Full Post

CATEGORY: Florida Community Association Law Blog Practice Areas: , ,

Recent Changes to Florida Homeowners Construction Recovery Fund Effective July 1, 2016

The Florida Homeowners’ Construction Recovery Fund was created under Chapter 489, Florida Statutes as a separate account in the Professional Regulation Trust Fund. The recovery fund is funded pursuant to s. 468.631. Its purpose is to provide relief for Florida homeowners who have been harmed by Florida licensed contractors. For more information on the creation and operation of the Recovery Fund, please see my blog post of September 2014. This post will discuss recent legislative changes to the Recovery Fund which expands homeowner recovery to Division II contractors. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: , ,

Contractual Personal Liability: The Body Trumps the Signature Line

When negotiating and drafting a contract on behalf of a business, one of the most important considerations is whether it will create personal liability for the individual signing on behalf of the business. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

What You Need to Know About Commercial Lease Agreements: Part IV

This blog post is part IV in a series of posts providing an overview of important considerations for commercial lease agreements. Regardless of whether a landlord or tenant, there are numerous issues that all parties should consider prior to entering into a commercial lease agreement. Part I addressed mandatory and suggested commercial lease agreement terms and the legal duties and obligations of the parties involved. Part II discussed the enforceability of certain lease agreements, tort liability for both landlords and tenants, and the use of personal guarantees. Part III focused on the tenant’s remedies, claims and defenses when a landlord breaches the commercial lease agreement. This fourth and final post in this series will discuss the landlord’s remedies, claims and defenses for breaches by the tenant. Read Full Post

CATEGORY: Real Estate Development, Sales and Leasing Industry Blog Practice Areas: , ,

Recovery of Attorneys’ Fees – Part III: Common Law Exceptions that Provide for the Recovery of Attorneys’ Fees

This blog post is part III in a series of blogs posts discussing the recovery of attorneys’ fees. Part I explored some considerations in the recovery of attorneys’ fees when the recovery is by virtue of a contractual provision. Part II discussed the statutory entitlement to fees and issues related to entitlement. This blog post will discuss common law exceptions to the general rule that generally requires a contractual or statutory basis for the recovery of attorneys’ fees. Specifically, this blog post will discuss four general common law exceptions that may provide a basis for the recovery of attorneys’ fees: (1) wrongful act doctrine; (2) inequitable conduct doctrine; (3) creation of a common fund; and (4) attempt to preserve assets in a trust. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Vendor’s Checklist When a Customer Files for Bankruptcy

Many vendors have had the unfortunate experience of a customer filing for bankruptcy. If it hasn’t happened to you yet, it probably will at some point in the future. There are certain steps a vendor should (or must) take to protect itself and maximize its opportunity to collect any debts owed by the customer. Vendors that take advantage of these protections can maximize recoveries, better preserve their positions in their dealings with the debtor, and avoid pitfalls inherent in the bankruptcy process. Vendors, and their attorneys, should use this checklist and take immediate action when a customer files for bankruptcy. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: