Blogs & Resources

The Legislature deems it necessary in the interest of the public health, safety, and welfare to regulate the construction industry in Florida. As a result, the Florida Legislature enacted Chapter 489, Florida Statutes. The general policy in Florida is that construction work needs to be performed by an appropriate licensed contractor unless exempt from licensure under 489.103, Florida Statutes. For example, no construction license is required for Federal or municipal work, public utilities, roads, bridges, minor or inconsequential work (“handyman”) and small repairs effectuated by a real estate professional.

After the housing bubble collapse, the Florida Legislature ratified numerous amendments to the Florida Condominium Act and Homeowners’ Association Act to provide associations with more power in collecting past-due assessments. One amendment obligated lenders that foreclose on properties owing past-due assessments to pay, at the very least, a certain statutory amount to the governing association (see Fla. Stat. §§ 718.116; 720.3085). Nevertheless, if an association’s declaration waives any and all liability of a mortgage lender, then that association is precluded from collecting even the statutorily approved amount. The pressing question for all board members and community association managers is whether or not your governing documents allow your association to collect from foreclosing lenders. If not, your association could be missing out on thousands of dollars.

JACKSONVILLE, Fla., July 6, 2016 –Jimerson & Cobb, P.A., has been named one of the 50 fastestgrowing companies in Northeast Florida by the Jacksonville Business Journal. This is the firm’s fourth consecutive year receiving this recognition, making them one of only four companies to have done so in that period. […]

Featured in the June 2016 Issue Partner’s Perspective: Make Summer an Opportunity J&C Hosts Dinner with Florida Coastal School of Law New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

Chamber of Commerce: Jimerson Birr honored by Florida Super Lawyers magazine.

Whether your community association is a Homeowners Association, governed by Chapter 720, Florida Statutes, or is a Condominium Association, governed by Chapter 718, Florida Statutes, there are important things the Community Association Board (hereinafter the “Board”) should know and important actions that a prudent Board should consider at turnover.  A […]

Jacksonville, Fla. – June 22, 2016 – The law firm of Jimerson & Cobb, P.A., is home to five partners receiving recognition from Florida Super Lawyers Magazine. Attorneys Charles Jimerson, Christopher Cobb and James O. “Joby” Birr were named 2016 Super Lawyers. Partner Brent Zimmerman was named a 2016 Rising […]

In 2014 the Florida Condominium Act (the “Act”) was amended to make it easier for Condominium Associations to recover past-due assessments from third-party purchasers at a mortgage foreclosure sale.  The longstanding Florida law is that a condo unit owner is jointly and severally liable with the prior unit owner for […]

The Florida Homeowners’ Construction Recovery Fund was created under Chapter 489, Florida Statutes as a separate account in the Professional Regulation Trust Fund. The recovery fund is funded pursuant to s. 468.631. Its purpose is to provide relief for Florida homeowners who have been harmed by Florida licensed contractors. For more information on the creation and operation of the Recovery Fund, please see my blog post of September 2014. This post will discuss recent legislative changes to the Recovery Fund which expands homeowner recovery to Division II contractors.

When negotiating and drafting a contract on behalf of a business, one of the most important considerations is whether it will create personal liability for the individual signing on behalf of the business.