Blogs & Resources

It happens all the time—an association gets served with a lender foreclosure action and the papers get set aside, never given a second thought. It is hard to fathom a more costly approach to association management that, in the long run, produces a greater negative impact to the association’s budget. Let’s take a second to consider why it is that community associations are named defendants in a property owner’s foreclosure action and get served with the lawsuit in the first place. The reason is because associations have a financial interest and lien rights in the underlying property for the required assessments pursuant to their declarations and the Florida Statutes. By ignoring lender foreclosure actions an association is ignoring its own financial interest and main source of revenue. This blog post is the first in a series of posts discussing the top reasons why community associations must not ignore lender foreclosure actions.

This blog is related to the previous blog post of “Setting Aside Fraudulent Transfers” as it relates to a creditor’s efforts to recover from a dissolved corporation or dissolved LLC.  Setting Aside Fraudulent Transfers Part I: What to look for when going after officers or successor company discussed how a […]

With the number of community associations throughout Florida and the constant rotation of board members via yearly elections and other means, it is inevitable that conflicts of interest occasionally arise. For example, maybe the preeminent landscaping company in town just happens to be owned by an association’s vice president? Or, what if the best pool guy in the area is the son of a current board member? Such conflicts do not mean the association is automatically relegated to lower quality service. Moreover, the existence of a conflict in interest is not inherently a bad thing or evidence of corruption. The law requires board members to disclose conflicts of interest, and the Florida Statutes establish certain procedures that must be followed when conflicts exists. This blog post will provide an overview of the disclosure requirements when association board members have a conflict of interest, according to the Florida Condominium Act and the Florida HOA Act.

Charles Jimerson comments on being a Gator100 Honoree:  “Get out there and prove yourself”. 

Jacksonville, Fla. – February 10, 2015 –Jimerson & Cobb is pleased to announce that it has been named to the University of Florida’s inaugural 2015 Gator100 list. The firm was honored at an awards luncheon Feb. 6 at the J. Wayne Reitz Union Grand Ballroom in Gainesville. Sponsored by UF, […]

You have a claim against a corporation and/or its officers, but you find out that the corporation is dissolved and there is a successor corporation in its place that appears to be essentially the same corporation. Now what? In Bernard v. Kee Mfg. Co., Inc., Florida’s Supreme Court adopted the […]

Jimerson Birr, P.A. among the eight Jacksonville companies named as Gator Nation’s fastest growing companies. 

What happens if you make a mistake in your bid response and need to correct it?  This is a common circumstance in practice because the timing of solicitations and responses creates a pressure packed situation. Often subcontractor pricing is received and updated until the very last moments before a response […]

For many small and mid-size contractors, the award of a single public contract can make or break their business. Because of this, it is important for a contractor to know and understand the requirements and processes involved when bidding on a public construction contract. A contractor must first make sure […]

Owner’s Partial Use of the Property Does Not Preclude Loss of Use Damages in Construction Defects Cases

By Austin B. Calhoun, Esq.

Under Florida law, a property owner may be entitled to “loss of use” damages if construction delay or defects deprive the owner of use of the property. Loss of use damages are measured by the reasonable rental value of the property. These rules raise some questions. For instance, can an owner claim “loss of use” for the period that owner refuses to inhabit the property while construction defects are being repaired? What if owner partially uses the property during such time? These questions were addressed in a recent Florida Third District Court of Appeals case: Gonzalez v. Barrenechea, 2015 Fla. App. LEXIS 647 (Fla. 3d DCA Jan. 21, 2015). This blog examines the Gonzalez case and the answers provided therein.