It seems like common sense that if the lease for a commercial space is silent on the issue of who’s responsible for maintenance and repairs of the Premises, including the infrastructure and equipment serving the Premises, that the landlord would be liable for maintenance and repair costs. After all, the […]
With Florida condominiums, excessive wear and tear on the common elements may shorten their useful life and expedite costly repairs and maintenance. This problem may be exacerbated at larger condominium associations when both tenants and owners are using the common elements. A condominium association can mitigate these deleterious effects by […]
During the 2019 legislative session, State Representative Jason Fischer introduced and sponsored House Bill No. 7103. The proposed bill contained language that amended various state statutes, all dealing with development in Florida. On June 28, 2019, Governor Ron DeSantis signed the bill into law. While the bill is not controversial, […]
Real property purchase and sale agreements often contain detailed requirements pertaining to termination, inspection, placing of deposits, and even the form in which certain notices to parties must be provided. Of course, parties to such agreements must read and understand their material terms and failing to strictly comply with material […]
Over the past few years each legislative session in Florida seems to generate new laws that impose various requirements on local governments. Some are labeled “unfunded mandates” and others are described as an assault on “home rule”. But as bad as those things sound, the reality is that most state […]
According to NOAA, Florida has over 8,400 hundred miles of coastline. That is second only to Alaska. Since 2000, 79 tropical or subtropical storms have impacted the state of Florida. Many of us cringe when we hear the names Floyd, Bonnie, Florence, Ivan, Dennis, Irma, Matthew and Michael. Collectively, these […]
Pursuant to Florida’s construction lien law, an owner of real property who contracts for improvements to the property is subject to construction liens against the property. However, the lien law is somewhat unique for commercial properties, as the commercial landlord and the tenant can both be considered owners of the […]
What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Florida Condominium associations deal with nuisance complaints on a regular basis. The challenge in addressing nuisance issues is defining exactly what constitutes a nuisance. Generally, nuisance is defined in […]
If you own operate a business, rent to commercial tenants, develop real estate or even just own a parcel containing a single-family home, chances are, you are going to have to seek some sort of regulatory approval from a local government. A zoning exception to sell beer and wine, a […]
On occasion a lender is confronted with a complicated question of whether it can lend based on collateral in the form of its own stock. Unfortunately, this is not legally acceptable collateral, as neither a national, nor a local Florida bank may issue a loan and secure that loan with […]