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Search Results : Condominiums

Governor Signs Community Association and Condominium Legislation

March 29, 2018
Jeffrey R. Margolis  |  Condominiums, Real Estate

Following up on my February 16, 2018 post, Florida Governor Rick Scott signed House Bill 617, House Bill 841 and Senate Bill 7087 into law. Senate Bill 7087, which is the comprehensive tax package for the legislative session, authorizes vertical subdivisions of real property, specifically authorizing assessment of a “multiple parcel building” by[…]

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Homeowners Association and Condominium Association Related Bills

February 16, 2018
Jeffrey R. Margolis  |  Condominiums, Real Estate

2018 Florida Legislative Session Update The 2018 Florida legislative session is in full swing with a number of proposed bills relating to homeowners associations and condominium association currently being considered. If passed by the legislature and signed into law by the governor, these bills will have a significant impact on operations of homeowners[…]

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Governor Signs Condominium and Homeowners Association Legislation but Vetoes Legislation Which Would Have Modified the Condominium Sprinkler Retrofit and Life Safety Requirements

June 27, 2017
Jeffrey R. Margolis  |  Condominiums, Homeowners Association, Real Estate, Residential Real Estate

Citing to the recent London high-rise fire, Florida Governor Rick Scott vetoed House Bill 653 which, among other things, sought to amend the condominium fire sprinkler retrofitting and life safety systems requirements. However, the Governor signed House Bill 1237 and House Bill 6027 into law on June 26, 2016.  The legislation signed by the Governor goes[…]

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2017 Statutory Changes to Florida’s Condominium Termination Statute

June 26, 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[…]

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Terminating Condominiums in Florida

June 15, 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[…]

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Governor Signs Condominium and Homeowners Association Legislation

June 15, 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[…]

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It's Time to Batten Down the Construction Site in Anticipation of Severe Weather

June 5, 2017
Jeffrey S. Wertman  |  Condominiums, Construction Litigation, Dispute Resolution, Hurricane Preparedness, Real Estate Litigation

Hurricane season begins on June 1. Construction companies have a legal obligation to exercise reasonable care to protect and secure their job sites in anticipation of severe weather. Unsecured construction debris, tools, equipment or materials can be blown from the site and strike other property or persons. Taking reasonable precautions can help prevent[…]

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2017 Florida Condominium and Homeowners Association Legislation

May 15, 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:[…]

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

April 17, 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[…]

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Drones Are in the Air and "Should Also Be on Associations' Agendas”

April 14, 2017
Jeffrey R. Margolis  |  Condominiums, Drones, home owners associations, Real Estate Development, Residential Real Estate

Drones may be put to use for a variety of purposes including recreational use, videography and photography, inspection of facilities, and safety purposes. In the near future it is likely that drones will be widely used in commercial ventures including delivery of packages to individual residences.  There are so many potential uses for drones that one[…]

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Florida's Construction Defect Statute: Renovation Begins Again

March 1, 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.[…]

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

February 20, 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.[…]

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