Florida’s community associations, including condominiums and homeowners associations, are required to keep and maintain its official records. See Fla. Stat. § 718.111(12); Fla. Stat. § 720.303(4). Upon request, those official records are to be made available to all members at reasonable times. Id. The Florida Condominium Act and HOA Act […]
The minutes of any meeting of the Board of Directors for a Condominium Association or a Homeowners’ Association are public records per Florida law. The minutes are required to be kept for 7 years. Fla. Stat. 718.111(12); Fla. Stat. 720.303(4). The minutes are the most requested and most useful of […]
The Department and CILB have several alternative construction licensing processes that are worth discussing. While these provisions still utilize the normal application process, they are alternatives to the normal examination/experience or registration requirements of section 489.111, Florida Statutes. 1. Certification of Registered Contractors License (Grandfathering) Pursuant to Section 489.118, Florida Statutes, […]
As a prerequisite to the initial issuance, or the renewal of an active construction license in Florida the applicant must prove that they have the statutory insurance policies in place. In order to do so, the applicant shall submit a signed affidavit attesting to the fact that the it has […]
Florida is synonymous with condominium living as a way of life. It’s also synonymous with hurricanes. Hurricanes have largely shaped Florida’s construction industry in that the building code is shaped and modeled after the building of structures that can withstand the storms. The building code creates certain high wind zones […]
In the first part of this series I discussed the disciplinary process leading up to the Probable Cause Panel (“Panel”) proceedings. This article will discuss how an Administrative Complaint is properly filed to initiate formal discipline on a licensee, and the decisions that a licensee must make once an Administrative […]
Minority shareholders in a closely held corporation can find themselves in a difficult position if the majority shareholder engages in oppressive, fraudulent, or illegal conduct.
It is a scenario familiar to every association: an owner falls behind on his or her assessments and doesn’t get current, and the association initiates the lien recordation and foreclosure process. However, before the association can foreclose its lien and move the property to foreclosure sale, the mortgagee of the […]
The Americans with Disabilities Act (“ADA”) was enacted by Congress in 1990 to protect individuals with disabilities from discrimination in access to employment, governmental services and programs, public accommodations, transportation, and telecommunications. As stated in the law, the ADA is “an Act to establish a clear and comprehensive prohibition of […]
Businessmen and women have been trying to eradicate fraud claims through contractual language since the beginning of Florida jurisprudence. Historically, the attempt to “kill fraud claims with a contract” have been largely unsuccessful. Essentially, an attempt to eliminate fraud via contractual language requires the Court to reward either the non-diligent […]