Blogs & Resources

Section 718.113(5), Florida Statutes, governs the installation of various materials for hurricane protection that Florida’s condominium associations must abide by. Section 718.115(1)(e), Florida Statutes, governs the allocation of expenses for the hurricane protection installation. Both of these sections were amended by the Florida legislature in 2013. This blog is to provide a brief overview of the main provisions of these statutes in light of those recent changes.

There is a new trend rising within condominium and homeowners’ associations across the country, including Florida: online association voting. The reason for this trend is simple – it solves two major problems that associations constantly face: 1) the expense of utilizing physical forms; and, 2) poor voter turnout among the associations’ members. Online voting for associations takes the hassle out of the voting process, which improves overall turnout. It appears that allowing association to perform online voting seems a no-brainer. However, not every state legislature has kept pace with technology in this area of law. Florida is one state in which the law is lagging technology as Florida law is currently silent on the issue of association online voting. This presents a problem for a Florida association that wishes to improve the experience of its members while also ensuring it is abiding by the law.

Alternative dispute resolution, or “ADR,” comes in many forms. Two of the most commonly used methods of ADR are arbitration and mediation.  Both of these ADR vehicles allow for resolution of disputes outside the public forum of the court system. Many people, including sophisticated businesspeople and even attorneys, do not […]

The Florida legislature has always given Florida’s condominium associations great flexibility to construct and maintain their own bylaws, rules and regulations in which to govern their communities. In exchange for that flexibility, the Florida Statutes, within Chapter 718, regulate the operation of condominium associations in certain areas. One such area involves the financial reporting requirements of Florida’s condominium associations, which is specifically governed by Section 718.111(13), Florida Statutes. In 2013, the Florida legislature changed and amended a few key aspects of Section 718.111(13), which Florida’s condominium associations must be cognizant of to ensure they remain compliant.

On August 21, 2013, Florida’s Fourth District Court of Appeal issued an opinion clarifying when the statute of limitations begins to run for a cause of action that a property owner brings against an association.  In Harris v. Aberdeen Property Owners Association, Inc., the Court held that the statute of […]

We are often asked, what, if any, existing legal right in collection does an aggrieved victim have against a defendant who was ordered to pay restitution in a preceding criminal action? In short, an aggrieved party that is either the State or named as a victim in a resulting criminal Restitution Order has an enforceable right to restitution identical to a judgment holder. Being the named victim in the Restitution Order directs the offender to pay restitution for this person’s benefit and the victim is allowed to enforce that right through the civil collection process. To perfect that right, a victim may do many things, including filing a Civil Restitution Lien to attach to property acquired by the offender after the Restitution Order is issued. This Lien lasts for twenty (20) years.

When a company enters into Chapter 11 bankruptcy, the purpose is to reorganize the business so it can manage existing debts and hopefully come out a healthier business.  But operations do not stop the day bankruptcy is filed.  The business keeps on running, which means expenses continue to accrue after […]

On September 25, 2013, Florida’s Second District Court of Appeal issued an opinion regarding a very familiar topic in Florida – a plaintiff’s standing to file and maintain a foreclosure action. In Focht vs. Wells Fargo Bank, the Second DCA upheld the long-established precedent that a plaintiff in a foreclosure action must prove that it had standing at the time it filed the foreclosure complaint in order to maintain the action. 2013 WL 5338048 (Fla. 2d DCA 2013). If plaintiff lacks standing at inception, the defendant can have the case dismissed via summary judgment proceedings. Id.

As credit begins to loosen, cash begins to flow and the building community starts to recover, we are in a unique position to advise both contractors and banks as to legal issues pertaining to loan origination due to our practice focuses in banking and construction. Contractors often ask us to reveal the secrets of how to be viewed as the best candidate for a loan or credit to further expand their business.

Thanks to the omnipresence of the internet, there is no shortage of blogs or articles on nearly any and every topic imaginable. This may seem wonderful, but the problem then becomes not merely locating an article or blog, rather finding a good great article or blog. This can be especially true for attorneys. This blog post focuses on the Top 11 Litigation Articles from 2013.