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Tips and Strategies for Building Owners to Closeout a Construction Project

March 26, 2020 Real Estate Development, Sales and Leasing Industry Legal Blog

Winding up a construction project and transitioning occupancy to the building owner (i.e. project closeout) can be a harrowing ordeal for an owner with little to no construction experience.  Even for experienced owners, Project closeout can be a challenge and is often mishandled, leading to eleventh-hour emergencies, cost overruns, and […]

Does the Failure to Provide Adequate Parking Constitute a Material Breach of a Commercial Lease Agreement?

February 25, 2020 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Adequate parking is essential to most businesses.  Sufficient parking is needed for a business’s employees, customers or vendors.  Most commercial lease agreements will address parking or will address common areas, which may include parking.  Depending on a tenant’s business, adequate parking may be a material term of the commercial lease […]

2019 Amendments to Florida’s Riparian Rights Rules (Otherwise Known as Chapter 18-21, F.A.C.)

September 6, 2019 Real Estate Development, Sales and Leasing Industry Legal Blog

Waterfront property is something that has attracted millions of residents to Florida over the years.  Whether it be a single-family home, a large homeowners association, a vibrant condo association or a busy commercial marina, the right to utilize the water that lies immediately adjacent to upland property is a long-standing […]

You Break It, You Fix It: Commercial Landlords’ Obligations for Repairs of the Premises

September 3, 2019 Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

Avoid Condominium Common Element Wear and Tear by Restricting Owner and Tenant Dual Usage

August 15, 2019 Community Association Industry Legal Blog

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 […]

House Bill No. 7103 – Affordable Housing, Development Review & Impact Fees, Oh My!

August 14, 2019 Real Estate Development, Sales and Leasing Industry Legal Blog

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: Beware of the Notice Provisions

June 5, 2019 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

Florida 2019 Legislative Update For Local Governments: Permit Fee Transparency

May 20, 2019 Community Association Industry Legal Blog, Construction Industry Legal Blog, Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

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