Blogs & Resources

The Florida Statutes are clear—persons who purchase a residential foreclosure with outstanding assessments and dues attached to it are responsible for paying those past-due amounts to the governing association upon taking possession of the property. See Fla. Stat. § 718.116(1)(a) (applying to condominiums); see also Fla. Stat. § 720.3085(2) (applying to property governed by homeowners’ associations). This Florida law applies to banks as well.

Effective 1992, the Condominium Act requires arbitration of certain condominium disputes as an alternative to court litigation and also authorized mediation of such disputes. The objective of the program is to provide condominium unit owners and associations a just, speedy and inexpensive alternative to litigation in the court system.

Section 718.1255, Florida Statutes, defines which disputes are eligible for arbitration “as any disagreement between two or more parties and the authority of the board of directors or the association’s governing document”. An eligible dispute for arbitration requires any owner to take or not to take any action involving that owner’s unit, or involving the alteration or addition to a common area or element of the condominium property.

There are numerous provisions built into the Bankruptcy Code which restrain a debtor from abusing the system by filing for bankruptcy over and over again. This includes periods of time in which filing is barred and an inability to obtain multiple discharges during a specified length of time, to name a few. Further, dismissal of a bankruptcy action may have a negative impact on the debtor and provide some relief for creditors in a future action.

This Blog is Part I in a series of Blogs designed to provide business owners with a high-level overview of the legal process for collecting on past-due accounts receivables. Specifically, Part I focuses on the steps a business owner can take prior to filing a lawsuit against a delinquent customer.

Attorney Charles Jimerson was interviewed for a Realty/Builder Connection article about the Risk Management Association (RMA), of which Jimerson is the chapter president.

Featured in the April 2013 Issue Partner’s Perspective J&C Partner Pens Jacksonville Business Journal Op-Ed New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

Florida’s Third District Court of Appeals has made it even harder for Florida’s associations to survive within this tough market environment. For decades, Florida law was interpreted as to always require the purchaser of a residential foreclosure to pay the past-due assessments owed to an association by the previous property owner. The Third District, however, has altered the interpretation of that law. In the case of Aventura Management, LLC v. Spiaggia, the Third DCA held that associations can now be considered jointly and severally liable for past-due assessments in certain situations. 105 So.3d 637 (Fla. 3d DCA 2013).

Isn’t tax season a wonderful time for creditors seeking to collect on a judgment? A time when all that money flowing from the federal government to debtors could go straight into your pocket. Or can it? Can you garnish the Internal Revenue Service (“IRS”) in order to take that refund check before the debtor gets a hold of it and the money disappears?

Nothing in life is free, and that applies to living in a nice neighborhood as well. Whether it is a neighborhood of condominiums or single family homes, the cost of maintenance and upkeep often falls to those living within that community. And when an association is delegated the duty of maintaining the neighborhood, that association will charge its residents a periodic assessment, which is due usually monthly or quarterly. Such associations function best when all property owners contribute by making timely assessment payments.

Jimerson Birr, P.A. was mentioned in a Jacksonville Business Journal article on a one-of-a-kind competition that measures a company’s social media engagement.