Category Archives: Thought Leadership

On June 26, 2019, the Sun Sentinel published an editorial: “The Florida Supreme Court’s new evidence rule makes it harder to sue,” which is one of the many recent articles providing commentary on the Florida Supreme Court’s May 23, 2019 ruling, which changed the standard in Florida cases for evaluating and admitting expert testimony. This ruling […]

Most business people are probably familiar with, and expect to see, force majeure clauses in their contracts.  This is an important contract clause for a party required to perform obligations—and whose performance might be delayed or limited by unforeseeable events or events outside of their control such as civil or labor riots, wars, fires, terrorism, explosions, weather […]

Court rooms can be similar to high schools. There is a dress code, albeit unspoken, and there are certain norms to be observed. One unspoken rule is that if an attorney stands out from the other lawyers as being different or out of the loop, it isn’t necessarily a good thing. This is one reason […]

In many of the construction defect lawsuits we litigate, one of the main defenses asserted by construction companies is that the association failed to maintain their building, and it is the lack of maintenance that caused the defects – not the work performed by the contractors. It is the responsibility of the association to maintain records of […]

What a difference a month makes… Last month, we provided an update on various pieces of legislation that would have impacted community associations throughout Florida.  This month, we report that almost none of those extensive proposed changes were adopted by the legislature. What Passed:  Legislation Extending the Deadline for Fire Sprinkler or Engineered Life Safety […]

Florida does not require Limited Liability Companies (LLC’s) to have an Operating Agreement. So why is it recommended, and important, to have one? An Operating Agreement is the governing document of an LLC, which sets forth the rules and structure for operating the LLC  as well as the relationship among the members and between the […]

I recently celebrated my ten-year anniversary with Haber Law. Looking back, it is remarkable how different the practice of law is and how much our firm has grown. Here are ten changes I’ve noticed: We have grown from two attorneys (David Haber and David Podein) to 11. By this summer, we’ll have 12. Back then, we shared […]

Various bills that could dramatically affect Florida associations are presently under consideration during the current legislative session. The list below highlights some of the proposed legislative changes. This list is not exhaustive of all pending bills or provisions impacting associations. Governance and Record Keeping Senate Bill 1362 would clarify that only terms beginning in 2018 would […]

When hiring a construction company to complete work, most people have expectations regarding the quality of work they’d like to receive. However, when the completed work is below expectations, and if a deal cannot be worked out with the company, a construction defect lawsuit may come into play. Chapter 558, Florida Statutes contains important requirements […]

Business divorces, like marital divorces, can be ugly, especially when one of the parties engages in misconduct or otherwise acts unruly. In Florida, limited…

Some associations are unaware that they could be entitled to an exemption for the sales tax related to a major expense – utilities for common areas serving exclusively residential properties, including condominiums and homes in a homeowners’ association.  However, nonresidential uses are not exempt. Section 212.08(7)(j), Fla. Stat. provides an exemption for the sale of utilities […]

Florida Courts are required to recognize judgments of all kinds from other U.S. states, including divorce judgments. In fact, there is a provision in the United States Constitution called the Full Faith and Credit Clause which requires this. But what about judgments, particularly divorce judgments, that come from foreign countries? There is a legal principle that addresses […]

The purchase of a condominium, home or commercial property can be one of life’s most significant and expensive purchases, regardless of whether it is a primary residence, vacation home or an investment property. Condominium owners and home owners, and the board members who volunteer their time to represent them, most often have the same goal […]

Under Florida law, an insured may sue their agent for negligence, breach of contract, breach of fiduciary duty, and misrepresentation, as the circumstances permit, when there is no coverage or inadequate coverage procured for the loss sustained.  Generally, under Florida law, an insurance broker undertaking to procure insurance for an insured is required to use reasonable […]

In part one of this blog post, we covered the basics of condo terminations, dived into how they work, and promised that in part two we’d cover recent…

Until recently, there has been some debate on this litigation question caused by the interpretation of some Courts that a Florida judgment is subject to a five year statute of limitations. However, the Florida Supreme Court, in Salinas v. Ramsey, 2018 WL 549183 (2018) recently considered this question and came to the conclusion that a Florida judgment actually […]

What is a “qualifying agent” and why does it matter? If you are thinking about starting a construction contracting company, or are the present owner of such a company, you will need a “qualifying agent” in order to operate your business. Unless a contractor falls under one of the exemptions under Florida Statute Section 489.103(1), it […]

Imagine not being able to collect homeowners’ association dues or enforce rules in your community. For homeowners’ associations approaching thirty (30) years of age, this threat is more than a cause for sleepless nights and may become a reality if covenants are not preserved in a timely fashion from the operation of The Marketable Record Title […]

The Florida divorce courts have strict limitations on who can file for divorce in Florida. Florida law requires that before a court has “subject matter jurisdiction,” a potential filer must have resided in the State of Florida for six months prior to the filing. One rationale behind this rule is obviously to discourage “divorce tourism.” […]

It is not uncommon that a business and commercial property owners are unaware that they do not have any or enough insurance coverage for losses that they thought were insured under their insurance policies, until the claim is denied by the insurance carrier or, after incurring attorneys’ fees and costs in a coverage lawsuit, a […]

The Miami Herald published an article last year – “Real Estate Developers Ran Out of Waterfront Property. Now They Might Want to Buy Yours” – and the title says it all. This complicated process is called condominium termination. It’s difficult for real estate investors to find vacant waterfront development sites in Miami and Miami Beach. The last […]

We previously discussed in a prior blog post on Florida condo legislation that new requirements were established by the Florida Legislature pertaining to condominium association websites. These new requirements, which apply to all non-timeshare condominium associations with 150 or more units, require that the association must establish and maintain a website (if the association doesn’t already have one), and must […]

A construction project can be a complicated, frustrating, and costly process with a complicated construction contract.  In addition to the headaches of dealing with contractors and building inspectors, owners must also be wary of Florida’s complicated lien law, Chapter 713, Florida Statutes, which provides subcontractors and material suppliers with the ability to record a lien against the owner’s […]

Have you created a product that is entitled to protection? What do you have to do in order to make sure that your business secrets, known as “trade secrets,” are protected? The most common example of a trade secret is the recipe for Coca Cola. The fact that you can only buy Coke from Coke […]

Despite the cooling of the South Florida real estate market and rising interest rates from lenders, 2018 was still a busy year for the Haber Law real estate team. Here is a look at some of our notable transactions: In a deal that closed in July 2018, Haber Law represented an affiliate of Time Century (a New York […]

In 2017, extensive legislative changes were made to laws governing various condominium governance items, including board member recall procedures and association financial reporting laws. This year, several clarifications have been made to those (in some cases dramatic) changes. Board Recalls  2017 legislation upended the longstanding recall process, requiring immediate control in favor of the replacement board if […]

With the construction boom in full swing, more and more construction defect lawsuits are being filed on behalf of condominium associations because of countless construction defects that occurred during original construction. These construction defects are particularly prevalent in Miami where the unique real estate development market, weather, and shortage of skilled trade workers make it particularly vulnerable to construction […]

Imagine you’re at the Thanksgiving dinner table with those you love the most—your family. Before you know it, someone asks, “Who did you vote for?” Next thing you know, World War III breaks out. Now imagine these same people being the shareholders and employees in your family business. If they cannot peacefully discuss the qualifications […]

The current Geographic Targeting Order (GTO), issued by the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury, is set to expire this Friday, November 16, 2018.  In essence, the GTO provides that when a buyer uses a corporate entity (such as an LLC) for cash purchases of residential real estate in South […]

In this third blog post in a series providing 2018 legislative updates, we discuss legislative changes clarifying condominium conflict of interest statutes. Parts one and two of this series addressed record keeping of condominium associations, material alteration requirements, and material alterations as they relate to electric vehicle owners. CONFLICT OF INTEREST UPDATES AND CLARIFICATIONS Effective July 1, 2018, HB 841 clarified condominium conflict […]

Adding to a previous series on key provisions in a construction contract, this post focuses on “no-damages for delay clauses” commonly found in municipal or public construction contracts. What is a no-damages for delay clause?A no-damages for delay clause often takes the following form: The contractor shall not be entitled to an increase in the contract sum or […]

As discussed in Part 1 of this series, this blog post discusses considerations that should be given in drafting and negotiating certain key provisions in construction contracts to avoid potential issues during construction and future legal disputes. In addition to those provisions discussed in Part I, the following construction contract provisions should also be considered: Payment Provisions – […]

The Fourth District Court of Appeal recently rendered a decision in Gindel v. Centex Homes (Fla. L. Weekly D2112d), which will impact how construction defect cases will now be analyzed, pursued and litigated in Florida. Specifically, the Fourth District Court held that the sending of a construction defect plaintiff’s pre-suit notice of claim qualifies as an “action” […]

In this second blog post in a series providing 2018 legislative updates, we discuss legislative changes affecting material alteration requirements and material alterations as they relate to electric vehicle owners. HB 841, which became effective on July 1, 2018, has various profound impacts affecting both areas. Find part one of this series here. General Material Alteration Guidelines The term […]

Under Chapter 558 of the Florida Statutes, claimants such as homeowners, HOAs, and condominium associations that have sustained property damage resulting from construction defects are required to participate in a pre-suit dispute resolution process. From a practical standpoint, construction disputes rarely reach a resolution in the pre-suit stages, as contractors and subcontractors struggle to obtain insurance […]

When negotiating construction contracts for either residential or commercial projects, there are several key provisions that should be given careful attention. The following is a list some of those provisions that should be carefully considered before signing the contract. Attorneys like us who are experienced in drafting, negotiating, or litigating construction contracts should be consulted to review and negotiate […]

All too often, a client will present a contract proposal to me (design services for an improvement project, internet and television bulk services agreement with a national service provider, elevator service and maintenance agreement for a high-rise condominium building, and so many more) from the selected company and ask, “Can you please review this contract […]

In this first entry in a series of posts providing 2018 legislative updates, we discuss changes affecting the day-to-day record keeping of condominium associations. HB 841, which became effective on July 1, 2018, has various profound impacts relating to official records. Website Requirements and Notices HB 841 extended the deadline for compliance with various condominium website requirements from […]

558 Notice Requirements Navigating the world of construction defects and 558 notice requirements can be tricky for both plaintiffs and defendants. Florida Statute 558 governs the rights and obligations claimants must follow prior to filing a construction defect lawsuit against the parties responsible for the original construction.  Generally, the statute provides that a claimant must provide the […]

Most people have an extremely negative reaction when they learn that they, or their business, are being sued. There are some things to consider doing in order to avoid making a potentially costly mistake when faced with a lawsuit. First, take a deep breath. Next, read the tips listed below to assist you in avoiding […]

The Word Is Out on Attorneys’ Mental Health Numerous headlines in media channels, such as The Wall Street Journal, American Bar Association (ABA), The Florida Bar Journal, and Psychology Today, highlight the legal profession’s serious problem with mental health disorders and substance abuse. Studies continue to demonstrate the prevalence of attorneys who are problem-drinkers, suffer from chronic depression and anxiety, […]

Miami’s unique real estate development market makes it particularly vulnerable to construction defects. A reliance on foreign buyers who are more tethered to the ups and downs of the economy makes the timing of construction in Miami more heavily dependent on the market. Real estate developers need to get all their projects up and sold […]

Attorneys Experience Prevalent Mental Health Problems It is not uncommon for employees to experience stress, fatigue, and frustration when having to balance personal, family, and work obligations, not to mention the societal ideal to be “busy” all of the time. While many individuals are able to use positive coping strategies, such as collaborating with coworkers, […]

As I discussed in Part 1 and Part 2 of this series, buying a condo requires a different kind of diligence than buying a single family home, because you’re going into business with strangers. You need to review documents that will clarify how the condo building is run and what rights you will have in deciding how it is […]

As I discussed in Part 1 of this series, when you buy a condo, you’re essentially going into business with strangers, thus, before you close on the purchase, you need to review certain documents to get a better understanding of how the condo building is run. For instance, you should review the condo association’s governing documents because they […]

As an attorney who has worked on both the buyer and seller sides of real estate transactions and understands the inner workings of high-end condominium associations in South Florida, I have key insight into unique considerations that buyers should weigh before closing on a condominium property. The concept of and rights associated with condo ownership are much […]

Something bad has happened. Your customer has breached the contract by failing to pay. Your business partner has stolen money from the business account. You have been fired. You have gotten into a car accident. Your cousin has stolen money from your elderly uncle’s bank account. All bad things right ? After you are done […]

In 2017, the Florida Legislature passed new laws requiring every condominium of 150 or more units to have an independent website or web portal that provides condo owners copies of certain specified official records of the condominium by July 1, 2018. At first blush, creating a website and uploading official records to it may seem like a simple requirement, but […]