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Author: Jimerson Birr

Maintenance, Repair and Replacement Responsibility Within Your Condominium Association

June 14, 2017 Community Association Industry Legal Blog

Damage to condominium property and the inevitable ensuing argument over the party responsible for the cost of repair is a familiar scenario for many association members.  Unit owners, board members and association managers are often unsure of which entity is responsible for the maintenance, repair and replacement of certain items […]

Why Associations and Their Managers Need to be Wary of Debt Collections Practices and Laws

May 24, 2017 Community Association Industry Legal Blog

The fairly recent case of Agrelov v. Affinity Management Services, LLC, Case No. 15-14136, (11th Cir., November 9, 2016), is instructive for associations and their managers with respect to debt collections, and the trouble that associations and managers can get themselves into when trying to collect on outstanding assessments. In […]

The Apex Doctrine: An Update

May 1, 2017 Professional Services Industry Legal Blog

This author recently addressed the issue of deposing high level corporate officers, also known as apex employees. That blog post pointed out that, while the federal courts and some state courts have specifically adopted what is known as the “apex doctrine”, Florida’s courts have not specifically done so; our courts mostly follow the tenets of the doctrine, but it has not specifically been adopted, and some courts decline to follow that principle.

Is the LLC Right for Your New Business?: Pros and Cons of Structuring Your Business as a Limited Liability Company

April 25, 2017 Professional Services Industry Legal Blog

You have created your business plan and now you are ready to put your plan into motion and start your own company. The next step is to consider which business structure suits your business. A business can be structured as a sole-proprietorship, partnership, limited partnership, corporation, S-corporation, or a limited liability company. The limited liability company structure boasts many advantages, but also brings with it some disadvantages to consider.

Community Association Reserve Funding: Pooled Method vs. Component Method

April 14, 2017 Community Association Industry Legal Blog

Reserve funding for certain common element items is required for community associations under Florida law. Specifically, condominium associations must fund reserves for roof replacement, building painting, pavement resurfacing and any other item that has a maintenance expense or replacement cost exceeding $10,000. Fla. Stat. § 718.112(2)(f). For homeowners’ associations, if the developer initially established reserve accounts or the members affirmatively elect to provide for reserves, then the association must fund those reserve items in future budgets. Fla. Stat. § 720.303(6)(b).

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