Establishing an HOA either from scratch or as the result of a handover from a property developer to the community requires all the parties involved to follow set processes that are highly regulated. On the other hand, there are fewer guidelines available for reinstating a dormant HOA. Reinstating a dormant HOA may be necessary after…
HOAs govern the majority of non-rental housing in the State of Florida, and the total number of HOA-managed housing and residents in HOA-managed communities continues to rise every year. While many Florida HOAs deliver in terms of increasing property values and maintaining a secure community, they can sometimes cause administrative, financial and legal headaches for…
Collecting construction debt can be a challenging feat. Thankfully, there are tried and true processes as well as experts to guide the way. Organizing Your Paperwork Many debts are due to unresolved disputes. Therefore, step one in collecting a debt is creating a solid defense of the case for making full payment as billed. In…
Many associations in the state of Florida manage their properties by hiring a property management company. A property management company is a third-party entity that is contracted to handle the day-to-day operations of a real estate asset. Whether or not to hire a property management company depends on a number of factors that includes the…
In Florida, competitive bidding is statutorily mandated so as to ensure the best interests of the public. The Administrative Procedure Act (APA) of 1961, codified as Florida Statutes Ch. 120 is the state’s main mechanism to ensure visibility and accountability in the public procurement process. The related statutes are designed to ensure fair pricing on…
Starting and running a nonprofit in Florida can be document-intensive. From the beginning, documents are required that define the scope and mission of the organization as well as the rules by which the organization is run. Later, once regular operations are underway, other documents could be created that govern the non-profit’s relationship with its beneficiaries,…
Construction surety bonds are securities issued by an insurer that guarantee financially that a construction company will perform their duties or pay a penalty to the contracting entity. The construction company, which could be a general contractor or subcontractor, is called the principal. The contracting entity, often a government or large corporation, is called the…
In contract law, a breach takes place whenever one of the parties to a contract fails in fulfilling its obligation or obligations as described in the contract. A breach is said to have taken place whether this failure took place partially or wholly. The breaching party might also have communicated an intent to fail the…
Construction contracts typically have contingent payment clauses that state that a contractor will pay their subcontractors once the contractor has been paid by the property owner. These construction contract clauses shift the risk associated with payment so that the risk is shared between the contractor and all of its subcontractors. Based on a precedent set…
A number of fraudulent and/or questionable construction claims are filed against major insurance companies each year. Each of these claims has to be investigated and, in many cases, litigated. Many large property and casualty insurers need an experienced local attorney here in South Florida to investigate claims that seem questionable. Insurance companies can conduct extensive…
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