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

CATEGORY: Florida Community Association Law Blog Practice Areas:

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

CATEGORY: Florida Business Litigation Blog Practice Areas: , , ,

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

CATEGORY: Florida Business Litigation Blog Practice Areas:

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

CATEGORY: Florida Community Association Law Blog Practice Areas:

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

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

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

CATEGORY: Florida Community Association Law Blog Practice Areas: ,

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

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

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

CATEGORY: Florida Business Litigation Blog Practice Areas:

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

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

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

CATEGORY: Florida Business Litigation Blog Practice Areas: ,