Legal Updates
Banking and Finance
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Increasingly, many condominium associations are forced to deal with the issue of unit owners who are being foreclosed upon by their lenders, and who are delinquent in the payment of assessments to the association.
In most cases...
Bankruptcy
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During the 2009 Legislative Session, the Florida Legislature proposed several bills, including one that was intended to require lenders to conclude a foreclosure action within one (1) year after the filing of the complaint, or be held responsible...
Community Association
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A recent amendment to Florida Statute Section 720.303(6), which became effective on July 1, 2010, clarifies reserve requirements for mandatory homeowners association which are governed under Chapter 720 Florida Statutes. This Statute, as amended...
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If permission is granted by one Board member, is the Association legally stopped from enforcing its governing documents?
In Curci Village Condominium Association, Inc. v. Santa Maria, 14 So. 3d 1175 (Fla. 4th DCA, June 17...
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“Prescriptive pets” are a growing concern plaguing condominium associations. Boards are often forced to decide whether or not to pursue arbitration in order to require removal of the pet in light of threatened discrimination claims by the...
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In the past year, a number of our clients have sought our advice after having been contacted by various companies offering creative options to for the collection of delinquent account.
Often, these companies offer to forward fund a... -
In Killeen v. S.B. Club Condominium Association, Inc., Case No. 2008-06-4403, Summary Final Order (March 6, 2009), the Unit Owner purchased his unit shortly before the Association sent a letter to all unit owners advising that it...
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CONDOMINIUM ASSOCIATION ELECTIONS
Strict compliance with the rules and procedures set forth in Section 718.112(d) of the Florida Statutes and Section 61B-23.0021 of the Florida Administrative Code, as summarized below, is crucial in...
Employment
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On April 25, 2012, the EEOC issued its updated enforcement guidance regarding the use of arrest and conviction records in connection with employment decisions. If your company has a policy that requires that arrest or conviction records be...
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On April 18, 2012, the United States District Court of Appeals for the D.C. Circuit granted an emergency motion for injunction suspending the April 30, 2012 required posting date for the National Labor Relations Board (“...
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On March 13, 2012, a federal judge rejected a request by the litigants suing the National Labor Relations Board ("NLRB") to block implementation of the NLRB's Right to Know Rule and Poster. Unless the NLRB voluntarily postpones the...
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Effective July 1, 2011, the Florida Legislature enacted amendments to Chapter 443 of the Florida Statutes governing unemployment compensation benefits and taxes. Prior to the July 1, 2011 amendment, many employers complained about an...
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Florida’s minimum wage is currently $7.31 per hour, effective June 1, 2011. Beginning January 1, 2012, Florida’s minimum wage will be $7.67 per hour, which is a 4.9% (or $0.36) increase from last year due to the change in the Consumer Price...
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The National Labor Relations Board (“NLRB”) oversees the enforcement of the National Labor Relations Act (“NLRA”) and is authorized to promulgate rules enforcing the NLRA. As a matter of background, the NLRA is the federal law that...
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The Occupational Safety and Health Act (“Act”) requires employers to provide employees with a workplace that is safe from recognized hazards. The type of industry determines what an employer must do to comply with the Act. ...
Environmental Agricultural
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On March 21, 2012, the United States Supreme Court issued a unanimous opinion holding that a United States Environmental Protection Agency compliance order is final agency action for which no other adequate remedy exists except Administrative...
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At the beginning of the year, the 2011 dry season was projected to be one of the driest on record. Couple that with the new low Lake Okeechobee Regulation schedule and we were expecting the Lake Okeechobee Basin to be in more severe...
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As a result of the November elections, the House Agriculture Committee lost 16 of its existing 28 members (including 13 Democrats) when the 112th Congress was sworn in. The Honorable Frank Lewis of Oklahoma will serve as Chairman of...
Land Use Regulation Government
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The Florida Legislature again provided for an automatic two-year extension of certain local government development orders or building permits and for certain permits issued by the Florida Department of Environmental Protection or a water...
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Amendment 4 was originally proposed in 2003, during the height of Florida’s development boom and strongest economy in decades. It was designed to slow growth or stop it completely by requiring that every amendment to local comprehensive...
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In order to assist economic recovery in communities, the 2009 Community Renewal Act provided alternatives to transportation concurrency requirements. Recently the Act was ruled unconstitutional after some local governments sued to stop the...
Real Estate
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Over the years I have run into three areas where agricultural property owners do not always pay sufficient attention to real estate title matters which affect their property. Typically, the shortcomings are: documented legal access from...