When a prospective sale of a condominium unit is underway, lenders often require detailed information about the condominium association’s litigation status and financial health. These requests are critical to lenders to assess the risk associated with lending against a property within the community. However, for the association and management, responding to those requests can be […]
Tag Archives: Florida Statutes
Immunity for Condos from Covid-19 Liability
COVID-19 has changed our way of life in so many ways. Accordingly, new laws have been enacted to address the concerns and protect those affected by the pandemic and legal issues that stem from the fallout. New Florida Law S.B. 72 A new bill, S.B. 72, was recently signed into law by the governor […]
What Can A Condo Association Do If A Resident Has COVID-19?
It has been nearly a year since the country went into lockdown due to the pandemic, and condominium associations continue to grapple with how to maintain the health and safety of their residents and employees as the threat of COVID-19 continues to affect our daily lives. Due to the number of residents that may inhabit […]
Conducting Condominium Elections During COVID-19
It’s that time of year again—Election season! As many condominium associations begin preparing to hold their annual membership meeting, many are wondering how to do so safely given the ongoing COVID-19 pandemic. Fortunately, over the past few years we have learned there are several different technologies that will allow association members to participate in […]
What Condo Associations Should Do to Prepare for a Holiday Season Amidst a Pandemic
With Covid-19 cases on the rise and the holidays approaching, the re-opening of common element facilities should be viewed with care. Associations should revisit the numerous safety considerations that informed the re-opening process. The following is a list of some of these critical issues: Associations should confirm whether they are still able to adhere […]
Planning Ahead for 2021: A Brief Guide to Annual Budgets
As we approach the final months of the year, community associations and their Board of Directors must start planning for 2021. There is no question that the global pandemic caused by COVID-19 this year has unexpectedly and significantly impacted every facet of our lives. Condominium Associations have particularly felt the financial repercussions of the pandemic […]
Can I Modify My Alimony Because of the Pandemic?
Millions of Floridians are now suffering a significant decrease in income due to the pandemic. Can individuals who have obligated themselves to pay a fixed sum in alimony to a former spouse now modify that obligation in recognition of the fact that their income has been reduced? The answer, like many things in the law, […]
The Florida Mortgage and Eviction Moratorium: Clarification for Community Associations
On April 2, 2020, Governor Ron Desantis issued Executive Order 20-94 which temporarily suspended all mortgage foreclosure and residential eviction “cause[s] of action” for 45 days. The Order was subsequently extended four times, most recently pursuant to Executive Order 20-180 (“EO 20-180”), which was issued on July 29, 2020 and extended the moratorium until […]
Construction Delays & COVID 19
Construction delays are often a common dispute amongst owners, contractors, subcontractors, design professionals, and the like. The judicial system is bound to see an increase in delay damage claims given the COVID-19 pandemic and resulting government shutdowns. Having an experienced construction lawyer is critical, now more than ever, in order to (a) negotiate construction contracts […]
Tips for Timesharing During the Coronavirus Pandemic
Timesharing can be difficult for many families, especially during the COVID-19 pandemic. As families continue to practice social distancing to mitigate the spread of the virus, issues may arise when the children are being exchanged between households and parents may want to deviate from their timesharing plan. However, the Florida Statutes and most timesharing agreements […]
Legislative Update on Emotional Support Animals
On June 23, 2020, Governor DeSantis approved Senate Bill 1084, which made certain changes to Florida’s existing housing laws as they pertain to emotional support animals (“ESA”). The new legislation, which went into effect on July 1, 2020, aims to penalize: (i) individuals who falsify and/or provide fraudulent information in order to obtain documentation supporting […]
Board Member Eligibility for Entity-Owned Condominium Units
It is common for entities, such as a corporation, LLC, or partnership, to hold title to a condominium unit. However, this form of ownership can result in entity-owned units being prohibited from submitting a candidate for the condominium’s board of directors when the condominium’s governing documents limit board member eligibility to unit owners. The […]
When Are Your Civil Litigation Attorneys’ Fees Recoverable?
Litigation can be a time-consuming, stressful, and often expensive process. A civil dispute can drag on for years, causing out-of-pocket expenses in attorneys’ fees and other costs (including filing fees, expert fees, process servers, etc.) to pile on. However, there are certain ways under Florida Law in which a litigant may be entitled to recover […]
Pre-Turnover Contracts – Condominium Association Members Right to Cancel
Can a condominium association decide to terminate a contract entered into by the developer prior to turnover? If so, what contracts are subject to termination? What are the specific procedural and voting requirements in order to terminate the agreement? What are my options? To answer these questions, it requires the review and analysis of an […]
Indemnification for Construction Claims: 101
Some of the most common questions posed to a construction law attorney are concerning indemnification clauses in construction contracts. Indemnification is critical in construction projects, as it limits liability and minimizes risk. While there are multiple avenues to pass through the liability that can arise from a construction project, indemnification is likely the most commonly […]
10 Things Unit Owners Should Know About the Recall Process for Condominium Associations
Sometimes, the people who serve on an Association’s Board of Directors are not necessarily the best suited for the job. Whether it is a Board member’s failure to act in the Association’s best interest or their self-serving or, otherwise, improper conduct, unit owners are able to remove or “recall” a Board member they feel should […]
Condominium Association Material Alterations
Can the Board of Directors decide to change the color of your condominium building or the interior hallways from carpet to white marble tiles? What limits are placed on the Board of Directors’ authority to change the design or elements of a condominium building? These questions all involve the ins and outs of material alterations […]
Prompt Payment on Construction Projects
As any construction industry professional knows, payment disputes are extremely common on both private and public projects. Many times, payment occurs many months (or even years) later. Delayed payment is not only detrimental to a project running smoothly and finishing on time, but it also causes general contractors and subcontractors financial hardship while they balance […]
Miami Transfer Fee Controversies: A Wake Up Call for Associations
Condominium associations across South Florida have come under scrutiny for imposing mandatory, non-refundable “transfer fees” on residents in connection with the lease or sale of units. Indeed, several years ago this firm was quoted in an article in the Miami Herald addressing the issue, and this year, a class action lawsuit resulted in an association […]
Making the Switch to E-Voting: A Primer for Condominium Associations
In 2015, the Florida Legislature adopted Section 718.128 into the Florida Statutes, thereby giving condominium associations the right to conduct elections and other unit owner votes via online voting systems. While many associations in Florida have implemented online voting systems for their elections and other unit owner votes, some associations are still contemplating making the […]
Is a Construction Defect Plaintiff Entitled to Prejudgment Interest for Unrepaired Defects?
What is Prejudgment Interest? Prejudgment interest is a type of compensation payable to the plaintiff from the time the cause of action accrues until the time of the final judgment. Under Florida law, prejudgment interest is merely another element of pecuniary damages that is intended to make the prevailing party whole from the date of […]
Should Your Condo Association Adopt Online Voting?
Election season is nearly upon us, and many associations are considering whether to adopt online voting (or “E-Voting”). On July 1, 2015, legislation took effect enacting Section 718.128, Florida Statutes, permitting condominiums, cooperatives and homeowners’ associations to conduct elections and other owner votes through the use of “an Internet-based online voting system.” This article will discuss how […]