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Yearly Archives: 2016

Can the Language of a Payment Bond Limit its Duration?

September 1, 2016 Construction Industry Legal Blog

A payment bond provided by the general contractor is a valuable asset to any subcontractor or supplier on that project. Payment is assured by the bond—a subcontractor or supplier will get paid even if the general contractor doesn’t make payment. While there are certain hurdles to perfecting your bond rights that get a lot of attention, such as the Notice to Owner Requirement, there is one possibly critical question that has been largely ignored: What is the effective duration of the payment bond? In other words, does the work have to be provided during a certain time period in order for payment to be covered by the bond?

Condominium Assessment Liens in Florida, Part IV: Overcoming Defenses and Sale of the Unit

August 31, 2016 Community Association Industry Legal Blog

A condominium association’s governing documents in conjunction with Section 718.116, Florida Statutes, are the genesis of the condominium association’s authority to impose and perfect assessment liens against individually owned units within the community. This four-part blog will discuss the condominium association’s right to lien, perfecting the condominium association lien, and collection practices for condominium associations. Part IV of this blog will discuss overcoming Unit Owner defenses to the foreclosure and the ultimate sale of the condominium unit.

Just like all other lawsuits, the unit owner is entitled to assert defenses. Below is a discussion on the most common.

Consumer Financial Protection Bureau Compliance: What Banks Need to Know, Part II

August 29, 2016 Banking & Financial Services Industry Legal Blog

CFPB Regulation Enforcement The CFPB is authorized to conduct investigations to determine whether any person is, or has, engaged in conduct that violates federal consumer financial law. The investigations often include subpoenas and other investigative demands for testimony, responses to written questions, documents, or other materials. Once a potential violation […]

Condominium Assessment Liens in Florida, Part III: Assessment Foreclosure Actions

August 24, 2016 Community Association Industry Legal Blog

A condominium association may bring an action in its name to foreclose a lien for assessments in the manner a mortgage of real property is foreclosed, and it may also bring an action to recover a money judgment for the unpaid assessments. The association is entitled to recover its reasonable attorney’s fees incurred in either a lien foreclosure action or an action to recover a money judgment for unpaid assessments. See 718.116(6)(a). Condominium lien foreclosure is not subject to the alternative dispute resolution proceedings found under Section 718.1255, Florida Statutes, which means that the parties do not have to engage in mediation or arbitration.

Community Association Members’ Right to Information

August 23, 2016 Community Association Industry Legal Blog

The right of a community association member to information differs slightly depending on whether the person is a member of a homeowners’ association or a condominium association. However, in analyzing a person’s right to information, it is important to understand that the relevant statutes are meant to balance the member’s access to information while protecting the association from a member whose requests are harassing (intentional or not).

Consumer Financial Protection Bureau Compliance: What Banks Need to Know, Part I

August 18, 2016 Banking & Financial Services Industry Legal Blog

What is the CFPB? The financial crisis of 2007-08 triggered a substantial adjustment in the federal government’s regulation of the banking and lending industry; one notable result being the establishment of the Consumer Financial Protection Bureau (CFPB) under the Dodd-Frank Act (the Act) in 2010. The general goal of the […]

Condominium Assessment Liens in Florida, Part II: Perfecting Condominium Liens

August 17, 2016 Community Association Industry Legal Blog

The Florida Condominium Act sets forth the process and procedure for perfecting a condominium assessment lien for delinquent assessments. A condominium lien creates an interest in real property in favor of the association. In many instances, it has been said that the association has a “perpetual” right to lien, so long as the association remains in existence. The condominium lien will take its priority in right based on the date the declarations were recorded. Because Florida association liens require the inclusion of a legal description, and liens create real property rights, only attorneys who are members of The Florida Bar may draft liens. A non-Florida attorney’s preparation of a lien on Florida real property constitutes the unauthorized practice of law. This is so, even if the non-attorney is a licensed community association manager. See The Florida Bar re Advisory Opinion — Activities of Community Ass’n Managers, 681 So.2d 1119 (Fla. 1996).

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