On January 2, 2019, Circuit Court Judge Karen Gievers started the new year off by invalidating the 2017 law regulating medical marijuana in Florida. Judge Gievers ruled the implementing law conflicts with the state constitution and the will of the people that voted to approve Amendment 2 in 2016. Judge […]
Bulk services agreements are those agreements entered into between a condominium association or homeowners association and a company for providing similar services to the community’s entire membership. These are most commonly used for providing the community with broadband services, such as phone, cable and internet service. The benefit of bulk […]
The Florida Homeowners’ Association Act and the Florida Condominium Act provide a community association’s board of directors with authority to promulgate rules and regulations concerning the association property and its members. The creation and enforcement of an association’s rules and regulations are often areas of uncertainty and doubt for community […]
Every state has different requirements for what must be disclosed when selling residential property. Some states don’t require any disclosure and some states require disclosure of facts that don’t tangibly affect the property, such as a murder or suicide. In Florida, it has always been a violation of the law […]
Have a dispute regarding an interpretation of the Florida Building Code (the “Code”)? Building officials in the State of Florida are given a lot of leeway in enforcing and interpreting the Code; however, there are mechanisms to keep them in check. Read my blog concerning the processes, including Petitions for […]
Effective October 2018, lenders have a new remedy in a foreclosure proceeding to expedite the final resolution of the proceeding. Section 702.12, Florida Statutes creates a presumption in favor of the lender that the borrower waived any defense to a foreclosure proceeding when the borrower’s debt was discharged in a […]
What policy exclusions are included in your commercial general liability insurance (“CGL”) policy? If you do not have coverage, one mistake by an employee or a subcontractor, working on your behalf, can devastate a business. The insurance industry can be tricky, read on to find out what contractors should be […]
In many cases, property owners become aware that eminent domain proceedings will affect their property, but owners are often surprised to learn how long the process takes. Major government projects can take years of budgeting, engineering, and planning before the first parcel is ever taken by eminent domain. Early in […]
Most condominium and homeowners’ associations have committees in place to assist the board of directors with association operation and business, but few utilize committees properly or effectively. The creation, purpose and authority of committees can be confusing, but it doesn’t have to be. This blog post will provide an overview […]
Congratulations! The court has ruled in your favor and awarded a favorable judgment. However, there is no contact with the defendant and it’s not clear what assets are in play. Therefore, you need an effective plan on how to aggressively collect the judgement due–but without violating federal or state laws […]