Doing Business in Florida Blog

2017 Statutory Changes to Florida’s Condominium Termination Statute

June 25, 2017
Barry D. Lapides  |  Condominiums, Homeowners Associations, Real Estate, Residential Real Estate

As an update to my previous blog dated June 15, 2017 on terminations of condominiums which can be found here, Florida Governor Rick Scott signed Senate Bill 1520 into law on June 16, 2017. Senate Bill 1520 addresses the termination of condominiums in Florida and impacts the manner in which Florida condominiums may be terminated pursuant to Section

Terminating Condominiums in Florida

June 14, 2017
Barry D. Lapides  |  Condominiums, Homeowners Association, Real Estate, Residential Real Estate

One of the hot development trends in Florida are developers terminating existing residential condominium buildings and repurposing such buildings or land. One reason why developers are attempting to gain control of condominium buildings is because the property’s highest and best use is not for a condominium building but rather a rental building or some

Governor Signs Condominium and Homeowners Association Legislation

June 14, 2017
Jeffrey R. Margolis  |  Condominiums, Homeowners Association, Real Estate, Real Estate Development, Residential Real Estate

Florida Governor Rick Scott signed House Bill 398 into law on June 14, 2017. House Bill 398 addresses estoppel certificates and expands the scope of the current statutory provision.  Specifically, the legislation changes the process and requirements for issuance of estoppel certificates by condominium and homeowners associations as follows: The time

2017 Florida Condominium and Homeowners Association Legislation

May 14, 2017
Jeffrey R. Margolis  |  Condominiums, Homeowners Association, Real Estate

During the legislative session which ended on May 5, 2017, the Florida legislature passed 5 bills that will become law on July 1, 2017, unless vetoed by Florida's Governor Scott: Senate Bill 398, House Bill 653, House Bill 1237; Senate Bill 1520, and HB 6027.  Below is a summary of the legislation which will be sent to the Governor. Senate Bill 398:

Legislation to Overhaul Florida's Construction: Defect Law Moving Through the Legislature

April 16, 2017
Jeffrey S. Wertman  |  Condominiums, Construction Litigation, Dispute Resolution, Real Estate, Real Estate Litigation, Residential Real Estate

In my March 1, 2017 blog, I discussed how Florida SB 1164 seeks major changes in Florida's construction defect law, including requiring contractors to notify subcontractors of an owner’s notice of defects, requiring notice to and acknowledgment from owners of the risks and benefits of accepting or rejecting repair offers, requiring the claimant or agent

All Aboard Florida Underway

April 5, 2017
Jeffrey R. Margolis  |  Government and Regulatory, Land Use & Zoning, Real Estate

The All Aboard Florida project has the potential to be transformational for South Florida real estate, providing opportunities for transit oriented development. Currently, the All Aboard Florida project is in active development including new railways and major new station developments along the railway.  Station construction projects at the four

SURPRISE! You May Be A Lobbyist

March 20, 2017
Dawn M. Meyers  |  Government and Regulatory, Government Permitting and Licensing, Land Use & Zoning, Real Estate

Imagine you are a project manager for a developer whose next project is contingent upon obtaining a rezoning. Your boss sends you over to meet with a key member of the planning and zoning board prior to the vote to explain the project and convince her to vote for the rezoning. Imagine you are a manufacturer who supplies goods to a client who is seeking

Florida's Construction Defect Statute: Renovation Begins Again

February 28, 2017
Jeffrey S. Wertman  |  Condominiums, Construction Litigation, Litigation, Real Estate, Real Estate Litigation, Residential Real Estate

Renovation is underway again on Florida’s construction defect law, Chapter 558 of the Florida Statutes. Florida’s construction defect law requires the owner of real property in Florida to provide contractors, developers and other construction parties with a formal written notice of potential construction defects and the reasonable opportunity to fix the defects before a construction defect lawsuit is filed.

"Frustration" in the Florida Appellate Court: A Commercial Landlord's Battle to Defeat a Tenant's Excuse for Non-Performance

February 19, 2017
Jeffrey S. Wertman  |  Appellate Litigation, Commercial Real Estate, Condominiums, Construction & Design, Construction Litigation, Litigation, Real Estate, Real Estate Development

A recent Florida appellate opinion is likely to have a material impact on how future commercial real estate leases are drafted. Florida landlords wishing to avoid tenants’ defenses for nonperformance based on the doctrines of frustration of purposes, impracticality, or impossibility of performance should now more carefully assess how particular future events can affect a tenant’s performance and assign that risk to tenants in a lease.

The Rise of Transit Oriented Development

February 16, 2017
Jeffrey R. Margolis  |  Commercial Real Estate, Condominiums, Construction & Design, Environmental, Hospitality & Leisure, Land Use & Zoning, Real Estate, Real Estate Development, Urban Redevelopment

Millennials have now overtaken baby boomers as America’s largest generation, and developers must cater to this segment’s desire for convenience, connectivity and access to the urban core. As density of downtowns grow, mixed use development will emerge in suburban neighborhoods that may be farther out from the city center, but still enjoy the proximity to

Forever Barred? Does Sending a Pre-Suit Notice of Construction Defects Prevent Dismissal of a Lawsuit Based on the Statute of Repose

February 12, 2017
Jeffrey S. Wertman  |  Construction & Design, Construction Litigation, florida construction, Florida Construction Litigation Lawyer, Real Estate

The Fifth District Court of Appeal will soon decide whether sending a pre-suit notice of construction defects under Florida’s Construction Defect Statute, Section 558, Florida Statutes, commences a construction defect action and simultaneously tolls the 10-year statute of repose.

The Fight Over Short Term Rentals – Two Competing Bills Could Change the Short Term Rental Landscape in Florida

January 22, 2017
Jeffrey R. Margolis  |  Hospitality and Leisure, Real Estate, Short Term Rentals, State & Local Government

Florida is renowned for its tourism and real estate.  The two are intertwined, a symbiotic relationship that has continued to grow. And yet, the emergence of short term rentals has created a rift in the relationship, and regulation of short term rentals is a hot issue in both local governments as well as the Florida legislature.   The rise of the on-line