Monthly Archives: April 2019

Florida Condominium Associations: What Is A Nuisance?

What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance?  Florida Condominium associations deal with nuisance complaints on a regular basis.  The challenge in addressing nuisance issues is defining … Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: ,

Challenging Quasi-Judicial Decisions Of A Local Government

If you own operate a business, rent to commercial tenants, develop real estate or even just own a parcel containing a single-family home, chances are, you are going to have to seek some sort of regulatory approval from a local … Read Full Post

CATEGORY: Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , , , , , , ,

Wage Garnishment: Does Florida’s Head-of-Household Exemption Apply to Independent Contractor Income

Often, an entire household is dependent upon the wages earned by a single head-of-household. To protect the financial well-being of these dependents, the Florida legislature has exempted some of these wages from wage garnishment. However, Florida courts have struggled to … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Can A Bank Issue A Loan Secured By Its Own Stock?

On occasion a lender is confronted with a complicated question of whether it can lend based on collateral in the form of its own stock. Unfortunately, this is not legally acceptable collateral, as neither a national, nor a local Florida … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog Practice Areas: ,

Considerations For Community Association’s Use Of Drones For Covenant Enforcement And Maintenance Inspections

There are benefits to community associations using drones for issues such as covenant enforcement and common area maintenance.  The biggest of which is the cost effectiveness and efficiency of using drones instead of individuals to perform these inspections.  However, there … Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: ,

Florida Construction Lien: Final Furnishing – Does It Include Punchlist Or Closeout Work?

This blog is part of a series covering a critical component of a Florida construction lien—recording the claim of lien within 90 days’ of “final furnishing.”  Failing to record a claim of lien within the 90-day final-furnishing deadline renders the … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

How To Calculate Real Estate Valuation Damages In A Construction Defect Action

When determining whether to pursue a construction defect action, few property owners consider the question: “how will my damages be calculated?”. While understandable, failure to properly address this question can prevent owners from recovering the full extent of their damages. … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

“As Is” And NO Warranty Provisions In Contracts: Are They Always Enforceable?

Whether purchasing a business, a piece of real property, or even a car, there is likely a lengthy contract that goes along with that purchase.  Many of those contracts contain “as-is” or “no warranty” provisions.  These types of provisions may … Read Full Post

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

Quiet Enjoyment – What Landlords Need To Understand

Almost everyone, regardless of whether they have ever leased out or rented a commercial space, is generally aware of each party’s duties under a commercial tenant lease agreement. The landlord allows the tenant to use his building, in exchange for … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , ,

Can A Condominium Impose Special Assessments For Necessary Or Routine Maintenance?

Although it is rarely welcomed by the owners, condo associations are permitted by Florida statute to impose special assessments for necessary and routine maintenance. There are a lot of considerations that come into play in deciding whether special assessments for … Read Full Post

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