Yearly Archives: 2018
My unit is flooded from a neighbor’s condo! Who pays for a condominium leak or dry-outs afterwards?
It’s not unusual for condominium owners to experience leaks that don’t come for their own unit. Being surrounded by other people’s unit above, below, and on the sides, makes leaks inevitable from a neighbor’s condo. When you add in owners … Read Full Post
Limiting Liability In Agreements: Exculpatory Provisions And Ambiguities
In many business transactions, parties attempt to limit their liabilities and shift risk. Typically, it is the party with the most leverage in that business transaction that seeks to include exculpatory provisions to minimize its risk. As a general rule, … Read Full Post
Vicinity of Insolvency: What fiduciary duties are owed by Directors or Officers of Insolvent Entities when going out of business?
Any owner of a business should know that your directors and officers have certain duties to their respective entities, whether it is a corporation or a limited liability company (LLC). Under Florida law, specifically, directors and officers have duties to … Read Full Post
Condominium Association Conflict Of Interest And Required Disclosure
In 2017, Florida enacted legislation that specifically required disclosure when a condominium association conflict of interest arises between a director or officer and a vendor. Specifically, Fla. Stat. 718.3027(1) states that the two situations below create a rebuttable presumption of … Read Full Post
Construction Contracting 101: Florida Requirements For Licensing
This article will discuss when a construction license is required in Florida. Under Chapter 489, Florida Statutes, there are specific guidelines regarding construction contracting for work you intend to perform. Being unlicensed and performing construction work that requires licensure can … Read Full Post
Rule Enforcement Authority of Rules and Regulations made by a Community Association Board
The Florida Homeowners’ Association Act and the Florida Condominium Act provide a community association’s board of directors with authority to promulgate rules and regulations concerning the association property and its members. The creation and enforcement of an association’s rules and … Read Full Post
Financially Responsible Officer (FRO): The Responsibilities of Primary Qualifying Agents
Under Chapter 489, Florida Statutes, primary qualifying agents are, typically, considered the main decision maker(s) of the business organization. As a general rule for construction licensing, increased responsibility leads to increased liability. Read on to find out what responsibilities primary … Read Full Post
What Must Be Disclosed When Selling Residential Property In Florida?
Every state has different requirements for what must be disclosed when selling residential property. Some states don’t require any disclosure and some states require disclosure of facts that don’t tangibly affect the property, such as a murder or suicide. In … Read Full Post
Where Is The Appropriate Venue To Litigate A 713.24 Transfer Bond?
The appropriate venue for litigating the foreclosure of a construction lien is obvious. The appropriate venue must be the county in which the property is located. Clearly, the county in which the property is located must issue the foreclosure judgment … Read Full Post
Understanding The Process For Employee Sexual Harassment Claims
Frequently our clients ask us general questions regarding the day-to-day operations of their business. In order to prepare a client to form corporate policies reacting to sexual harassment claims, we first educate them on the process of how an aggrieved … Read Full Post