Doing Business in Florida Blog

Governor Signs New Condominium Legislation Requiring Inspections and Reserves

May 31, 2022
Jeffrey R. Margolis

Senate Bill 4D, which requires regular building inspections and requires condominium associations to maintain reserves, unanimously passed both the Florida House and Florida Senate on May 24th and 25th respectively. Governor DeSantis signed the bill on May 26th.

Client Alert: Biden FY 2023 Budget Plan Extends for Corporate, High-Net-Worth Individuals Tax Hikes

May 9, 2022

On March 28, 2022, the White House released its Fiscal Year 2023 Budget (the “FY23 Budget”), and concurrently, the U.S. Treasury released the General Explanations of the Administration’s Fiscal Year 2023 Revenue Proposals (commonly known as the “Green Book”). 

Bright Outlook for Southeast Multifamily Investment and Development

April 5, 2022
Jeffrey R. Margolis  |  Real Estate, Multifamily, Real Estate Develpment

Despite inflation, rising interest rates, increased construction costs, and supply chain issues, investors, developers, and lenders all agree that the outlook for Southeast multifamily investment and development is bright. The Southeast Multifamily Forum provided the latest market data, analytics, and analysis of the Southeast multifamily market. Data presented at the Southeast Multifamily Forum on the Southeast multifamily real estate market, opportunities, challenges, and trends is highlighted below.

Should AED’s be Installed in Association Facilities?

March 9, 2022
Jeffrey R. Margolis  |  AED, Condominiums Association

An automated external defibrillator (AED) is a portable medical instrument that delivers an electrical impulse to the heart to disrupt and correct an otherwise fatal irregular heartbeat (arrhythmia) and allows a normal rhythm to resume.  AEDs have been credited with saving countless lives by making it possible for non-medical individuals to respond to a medical emergency, leading the question whether AED’s should be installed in community association facilities. 

Client Alert - It's Complicated: Welcome to Wild World of Appraisals

March 8, 2022
Samuel Gilot  |  Insurance Appraisals, Appraisals

In theory, the appraisal process is designed to be a quicker and more cost-effective alternative to litigation in which the insured and the insurance company get down to the crux of most insurance disputes: the amount of loss. When money is involved, things are never so simple. Two recent decisions highlight the continuing appraisal quagmire. 

Supreme Court Stays OSHA “Vaccinate or Test” Emergency Temporary Standard

February 21, 2022
Terron L. Clark  |  Workplace Vaccine Mandates

On January 13, 2022, the United States Supreme Court granted emergency relief to stay the implementation of the Occupational Health and Safety Administration (“OSHA”)’s Emergency Temporary Standard (“ETS”) regarding COVID-19, often referred to as the “vaccine or test” mandate.

E-Mails Are Official Records

February 10, 2022
Condominiums Association

The Division of Florida Condominiums, Timeshares and Mobile Homes (the “Division”) recently considered the question whether e-mail communications regarding association business between and among the board of directors of a condominium association which are sent to and/or from the board member’s personal computers and devices are official records of the condominium association that must be maintained and made available to unit owners.  

U.S. Supreme Court Set to (Finally) Resolve Clean Water Act Uncertainty?

January 31, 2022
Brooke Lewis Humphrey and Sidney C. Bigham, III  |  Infrastructure Bill, Infrastructure Task Force

The U.S. Supreme Court recently agreed to review whether the Ninth Circuit applied the proper test for determining if given wetlands are “waters of the United States” under the Clean Water Act (“CWA”).  The case has broad implications for developers and other private and public property owners in connection with how wetland impacts may be regulated and require approval under the CWA.

New Fannie Mae Requirements for Condominium and Co-Op Projects

January 28, 2022
Jeffrey R. Margolis  |  Condominiums, Condominiums Association

Following the tragic collapse of the Champlain Tower South Condominium and the resulting concerns over buildings with aging infrastructure, Fannie Mae issued new temporary eligibility requirements for loans secured by units in condominiums or co-op projects with five or more units and insured by Fannie Mae (“Loans”). The temporary requirements became effective as of January 1, 2022, and apply to Loans purchased on or after January 1, 2022, and to Loans delivered into MBS pools with issue dates on or after January 1, 2022.

5 Things You Should Know About the Proposed Revisions to Florida's Construction Defect Statute

January 20, 2022
Jeffrey S. Wertman  |  Construction Defects Claims

A new bill making its way through the Florida Legislature, SB 736, if enacted into law, will significantly affect future construction defect claims

Client Alert: Insurers Continue to Scrutinize ACV/RCV Provisions

January 19, 2022
Insurance, ACV Provisions, RCV Provisions

A Primer on Florida’s Construction Lien Law

September 22, 2021
William O. Diab  |  Construction Litigation, Construction Law

For those construction industry players who need a refresher on an evolving area of law, or for those new to the Sunshine State, the following article serves as a primer on some of the commonly faced issues by property owners and lienors, as well as best practices to maximize your compliance with the statute.