3 weeks ago
Following the economic collapse of 2008, the South Florida condominium market has shown signs of a slow and steady recovery, with developers successfully unloading previously unsold units to wealthy foreign investors. Developers report that the increased demand for condominium units has prompted new construction in South Florida; in the past two years, twenty five new condominium projects have been announced. The New York Times recently ran a story on this mini construction boom, recognizing noteworthy projects like Brickell CityCentre, a $1.05 billion shopping and mixed-use development located south of the Miami River and west of Brickell Avenue. The project’s developers are working with the Whitman family, owners of Bal Harbour Shops, to turn Brickell CityCentre’s 500-square foot retail space into an attractive luxury shopping destination along with a 1,600 space underground parking lot and renovated public transportation facilities. The project’s objective is to diversify the downtown area by offering accessible luxury retail to a location traditionally associated with offices and hotels.
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Categories: Condominium Associations, Land Use & Zoning (Private), Real Estate
Tags: Stephen J. Helfman, Joshua D. Krut, Gilberto Pastoriza, Michael S. Popok, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Real Estate Attorneys, Miami Real Estate Attorneys, South Florida Real Estate Attorneys, Fort Lauderdale Commercial Real Estate Attorneys, Miami Commercial Real Estate Attorneys, South Florida Commercial Real Estate Attorneys, Joseph Hernandez, Carlos M. Rodriguez
Author(s): Brooke P. Dolara
2 months ago
In 1987, the Florida Supreme Court decided the seminal case of Florida Power & Light Co. v. Westinghouse Elec. Corp., 510 So. 2d 899 (Fla. 1987), which marked the beginning of what would become nearly three decades of the application of the "Economic Loss Rule" (or Economic Loss Doctrine)("ELR") in Florida to bar tort claims for "purely economic losses" that were not accompanied by personal injury or damage to other property. As the Court would later explain in Casa Clara Condominium Ass'n, Inc. v. Charley Toppino And Sons, Inc., 620 So. 2d 1244, 1246 (Fla. 1993), purely economic losses are "damages for inadequate value, costs of repair and replacement of the defective product, or consequent loss of profits -- without any claim of personal injury or damage to other property." While application of the rule in Westinghouse began in the context of products liability--to bar FPL's claims in negligence for defective steam generators designed, manufactured and furnished by Westinghouse--the Court quickly expanded its use to services in the case of AFM Corp. v. Southern Bell Telephone & Telegraph Co., 515 So. 2d 180 (Fla. 1987)--to deny recovery in negligence for what amounted to a breach of contact by Southern Bell which used an incorrect phone number in an advertisement for AFM causing only economic damages.
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Categories: Litigation, Condominium Associations, Homeowners' Associations, Construction Law
Tags: Condos and HOAs, Florida Supreme Court, Gary L. Brown, Jamie A. Cole, Edward G. Guedes, Joshua D. Krut, Michael S. Popok, Joseph H. Serota, Damages, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Eleventh Circuit Court of Appeals, Florida Commercial Litigation Lawyer, Florida Condo Association Law, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Construction Lawyer, Miami Construction Lawyer, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Gary L. Brown
3 months ago
For the third time since 2010, Florida lawmakers introduced a bill designed to accelerate the foreclosure process in the state. House Bill 87, otherwise known as the "Fair Foreclosure Act,” offers a number of changes to civil procedures in foreclosure cases, including limiting discovery time available to owners and requiring lenders to file the original note or certification that they have the note. The bill makes these changes retroactively, so pending cases would be affected as by the legislation. Proponents of the Fair Foreclosure Act argue that it provides community associations with leverage against banks that file foreclosure lawsuits against delinquent owners and then fail to litigate the case aggressively. By speeding up the foreclosure process, they argue, the Fair Foreclosure Act helps community associations get rid of delinquent owners who incur massive arrearages during the pendency of a long foreclosure process. Detractors counter that the bill does not incentivize the banks to prosecute a foreclosure aggressively, and that most of the changes place too great a burden on homeowners.
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Categories: Litigation, Condominium Associations, Homeowners' Associations, Civil Procedure
Tags: Collections, Condos and HOAs, Governing Documents, Covenants and Restrictions, Jamie A. Cole, Edward G. Guedes, Joshua D. Krut, Michael S. Popok, Joseph H. Serota, Florida Legislature, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Matthew H. Mandel, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Florida Commercial Litigation Lawyer, Florida Community Association Law, Florida Condo Association Law, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys
Author(s): Brooke P. Dolara
3 months ago
“No dogs allowed” is the mantra for many condominiums, and residents who sneak in lap dogs are subject to punishment. But what if a dog is specifically ‘ordered’ by a physician to aid with the resident’s mental health? What’s a condo association to do?
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Categories: Condominium Associations, Homeowners' Associations
Tags: Joshua D. Krut, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Florida Community Association Law, Florida Condo Association Law
Author(s): Joshua D. Krut
5 months ago
A Florida federal court recently held against a condominium association for violating federal and State law when it refused to grant an accommodation for an owner with an emotional support animal. The Association is a condominium association located in Altamonte Springs, Florida. The Association rules and regulations limit all pets to a maximum weight of 25 pounds. Owner Bhogaita acquired a dog weighing more than 25 pounds. The Association sent Bhogaita a notice demanding that Bhogaita remove the dog. Bhogaita responded by sending a note from his doctor, which stated that Bhogaita suffered from chronic anxiety brought on by Post Traumatic Stress Disorder, and that the doctor had prescribed an emotional support animal to help Bhogaita cope with his anxiety. The Association subsequently sent written requests for additional information pertaining to Bhogaita’s mental impairment and treatment he had received, and demanded that the dog be removed. Bhogaita sued the Association, claiming it violated the Fair Housing Act and corresponding State law by denying his requested accommodation.
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Categories: Litigation, Condominium Associations, Homeowners' Associations
Tags: Condos and HOAs, Jamie A. Cole, Edward G. Guedes, Joshua D. Krut, Michael S. Popok, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Community Association Law, Florida Condo Association Law, Florida Litigation Attorneys, Miami Litigation Attorney
5 months ago
This summer, we reported on a favorable decision in an administrative proceeding that WSH Members Mitchell J. Burnstein and Susan L. Trevarthen obtained on behalf of the Mayan Beach Club (“Association”). The case arose when Broward County and the Sea Turtle Oversight Protection (“STOP”) challenged a modification to an Association permit that would level a 176-foot sand dune, arguing that the dune provided significant environmental protection and should not be destroyed for the purpose of providing a more desirable ocean view for the Association’s owners. On October 17, Secretary Herschel T. Vinyard, Jr. issued a Final Order adopting the Recommended Order in its entirety and granting the Association's Modification. In the Final Order, Secretary Vinyard acknowledged that there was competent substantial evidence of record supporting the decision in the Recommended Order.Last week, the Mayan Beach Club leveled the 176-foot long dune.
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Categories: Land Use & Zoning (Public), Environmental/Sustainability, Condominium Associations, Administrative Law
Tags: Condos and HOAs, Mitchell J. Burnstein, Joshua D. Krut, Clifford A. Schulman, Susan L. Trevarthen, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Environmental Law Attorneys, Miami Environmental Law Attorneys, South Florida Environmental Law Attorneys , Florida Condo Association Law, Florida Environmental Law
7 months ago
WSH is pleased to announce the addition of two associates to the Firm. Sonja C. Darby and Mia R. Martin. Joining our Community Association, Club & Resort Practice Group, Sonja represents community associations in matters of corporate governance, compliance, and debt collection. She is skilled at mediating between competing factions of community association boards and advising boards on compliance with their governing documents and applicable laws. A member of our Real Estate Group, Sonja also has experience representing parties in the purchase, sale, refinancing and lease of properties. Licensed in Florida, New Jersey and New York, Sonja graduated from Fordham University School of Law, where she achieved Dean's List honors. A member of our Labor and Employment Law Practice Group, Mia serves as employment counsel to public sector clients and private employers in labor arbitrations, state and federal court, mediation, and before the Equal Employment Opportunity Commission. Mia has experience handling both employment litigation and non-litigation matters. Licensed in Florida and New York, Mia is a cum laude graduate of Loyola New Orleans School of Law.
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Categories: Labor and Employment, Condominium Associations, Homeowners' Associations, Real Estate
Tags: Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Real Estate Attorneys, Miami Real Estate Attorneys, South Florida Real Estate Attorneys, Fort Lauderdale Commercial Real Estate Attorneys, Miami Commercial Real Estate Attorneys, South Florida Commercial Real Estate Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Commercial Litigation Lawyer, Florida Community Association Law, Florida Condo Association Law, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, Miami Real Estate Lawyer, Sonja C. Darby, Mia R. Martin
Author(s): Brooke P. Dolara
9 months ago
The Federal Housing Finance Agency (“FIFA”), the regulatory agency governing Fannie Mae, Freddie Mac and the Federal Home Loan Banks, recently promulgated new guidelines to facilitate approval for eligible borrowers for a short sale.
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Categories: Condominium Associations, Homeowners' Associations, Real Estate
Tags: Collections, Condos and HOAs, Jonathan Cohen, Joshua D. Krut, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Real Estate Attorneys, Miami Real Estate Attorneys, South Florida Real Estate Attorneys, Fort Lauderdale Real Estate Lawyer, Miami Real Estate Lawyer
Author(s): Brooke P. Dolara
9 months ago
A condominium’s annual election provides the association’s voting members with the opportunity to select new individuals to serve on its board of directors. Candidates provide their notice to the association at least forty days before the scheduled election, leaving plenty of time for unit owners to weigh their options and research the qualifications of both incumbents and challengers. Each election, some questions may arise as to whether certain candidates are qualified to serve on the board of directors. Although Florida law places some restrictions on who can serve as a director, it permits individual associations to tailor their qualifications for board membership.
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Categories: Condominium Associations, Corporate Law
Tags: Joshua D. Krut, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Florida Condo Association Law, Abigail Watts-FitzGerald
10 months ago
As South Florida nears the second half of hurricane season, many community associations are bombarded with questions from unit owners regarding insurance coverage on the condominium property. More often than not, owners want to know whether property damage to their specific unit is covered under the association’s insurance policy. Fortunately, the Florida Condominium Act, 718.001 et seq. and 718.111(11)(f) in particular, provide associations with guidance in identifying what they are obligated to cover.
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Categories: Condominium Associations
Tags: Condos and HOAs, Joshua D. Krut, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Florida Condo Association Law
10 months ago
Board members are elected by owners to run the association and manage its property and finances. Owners rely on the board to enforce association rules and resolve problems. When a board member loses the confidence of the owners, he or she may be replaced at the annual election of board members. However, some circumstances warrant the immediate removal of a director. In the event that the owners want to remove a director, the Florida Condominium Act provides a procedure for an association’s voting interest to “recall” a director.
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Categories: Condominium Associations, Homeowners' Associations, Real Estate, Corporate Law
Tags: Joshua D. Krut, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Florida Commercial Litigation Lawyer, Florida Community Association Law, Florida Condo Association Law
10 months ago
For South Florida residents, mold infestations are an unfortunate byproduct of the humid tropical summers. Eradicating mold can be costly and time-consuming. For people living in shared communities, the question of whether the owner or association is responsible for mold remediation may be puzzling. WSH Partner Joshua D. Krut, who chairs our Community Association, Club and Resort Practice Group, recently spoke with the South Florida Cooperator about what responsibilities cooperatives owe their residents with respect to paying for mold remediation.
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Categories: Litigation, Condominium Associations, Homeowners' Associations, Real Estate
Tags: Condos and HOAs, Jonathan Cohen, Jamie A. Cole, Edward G. Guedes, Joshua D. Krut, Michael S. Popok, Joseph H. Serota, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Matthew H. Mandel, Fort Lauderdale Real Estate Attorneys, Miami Real Estate Attorneys, South Florida Real Estate Attorneys, Fort Lauderdale Commercial Real Estate Attorneys, Miami Commercial Real Estate Attorneys, South Florida Commercial Real Estate Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Condo Association Law, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Real Estate Lawyer, Miami Litigation Attorney, Miami Real Estate Lawyer
Author(s): Brooke P. Dolara
11 months ago
One of the most common problems community association boards face is difficulty conducting an efficient board meeting. Many board meetings are plagued by disorganization, bickering, and other time-wasting habits. This unpleasantness can be lessened, and even eliminated, by the adoption of a fair and uniform meeting protocol. According to WSH Partner Joshua D. Krut, who chairs the firm's Community Association, Club and Resort Group, a few simple tweaks in procedure can have even the most combative boards functioning properly.
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Categories: Condominium Associations, Homeowners' Associations
Tags: Condos and HOAs, Joshua D. Krut, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Florida Condo Association Law
Author(s): Joshua D. Krut
12 months ago
We are thrilled to report that several WSH attorneys were recently selected as Super Lawyers and Rising Stars by Super Lawyers magazine.
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Categories: Litigation, Condominium Associations, Government Affairs, Local Government, Homeowners' Associations, Appellate Law & Practice, Federal Law, Awards & Recognitions, Land Use & Zoning (Private), Federal Courts, Construction Law
Tags: Governmental Litigation, Municipal Government, Special Counsel to Local Government, Awards & Recognitions, Gary L. Brown, Jamie A. Cole, Joshua D. Krut, Matthew J. Pearl, Michael S. Popok, Anthony L. Recio, Richard Jay Weiss, Samuel I. Zeskind, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Miami Aviation Attorneys, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, South Florida Airport Law, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Miami Private Transactions Attorneys, South Florida Public Transactions Law, Fort Lauderdale Public Transactions Law, Miami Public Transactions Law , Matthew H. Mandel, Fort Lauderdale Eminent Domain Attorneys, Miami Eminent Domain Attorneys, Sourth Florida Eminent Domain Attorneys, Scope of the Project Rule, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Bankruptcy Attorneys, Miami Bankruptcy Attorneys, South Florida Bankruptcy Attorneys, Fort Lauderdale Real Estate Attorneys, Miami Real Estate Attorneys, South Florida Real Estate Attorneys, Fort Lauderdale Commercial Real Estate Attorneys, Miami Commercial Real Estate Attorneys, South Florida Commercial Real Estate Attorneys, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, Fort Lauderdale Environmental Law Attorneys, Miami Environmental Law Attorneys, South Florida Environmental Law Attorneys , South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Adrian J. Alvarez, Florida Commercial Litigation Lawyer, Florida Community Association Law, Florida Condo Association Law, Florida Employment Attorneys, Florida Environmental Law, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Construction Lawyer, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Fort Lauderdale Real Estate Lawyer, Fort Lauderdale Tax Attorney, Miami Construction Lawyer, Miami Commercial Litigation Attorney, Miami Eminent Domain Attorney, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, Miami Real Estate Lawyer, South Florida Employment Lawyers
Author(s): Brooke P. Dolara
1 year ago
Earlier this month, WSH Partner Joshua D. Krut sat down with Aventura News to discuss permissible displays of religious faith by condominium unit owners on the doors to their units. The topic stemmed from a legal battle in Connecticut in which a condominium association threatened to fine a unit owner $50 per day until she removed a mezuzah from her doorpost. Arguing that other unit owners were permitted to display crucifixes and wreaths on their doors without penalty, the owner and her attorneys persuaded the condominium association to permit the unit owner to display the mezuzah without incurring any fine.
You can read a copy of the article here.
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Categories: Condominium Associations
Tags: Condos and HOAs, Governing Documents, Covenants and Restrictions, Rule Enforcement, Joshua D. Krut, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, Florida Community Association Law, Florida Condo Association Law
Author(s): Brooke P. Dolara
1 year ago
Rule enforcement at community associations can be problematic enough when dealing with delinquent owners and rowdy neighbors. However, managers and board members may have an equally difficult time enforcing the rules when it comes to owners’ most beloved companions – their pets.
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Categories: Condominium Associations, Homeowners' Associations
Tags: Condos and HOAs, Governing Documents, Covenants and Restrictions, Rule Enforcement, Joshua D. Krut, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Florida Community Association Law, Florida Condo Association Law
Author(s): Joshua D. Krut & Brooke P. Dolara
1 year ago
On Monday, Florida Supreme Court Justice Charles Canady issued an Order terminating the state’s mandatory foreclosure program. Citing the program’s abysmal success rate, Justice Canady wrote that the state “cannot justify the continuation of the program.”
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Categories: Litigation, Condominium Associations, Bankruptcy & Creditors’ Rights, Homeowners' Associations, Alternative Dispute Resolution
Tags: Collections, Florida Supreme Court, Jamie A. Cole, Douglas R. Gonzales, Edward G. Guedes, Joshua D. Krut, Aleida Martinez Molina, Michael S. Popok, Joseph H. Serota, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Bankruptcy Attorneys, Miami Bankruptcy Attorneys, South Florida Bankruptcy Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Alternative Dispute Resolution, Mediation
Author(s): Brooke P. Dolara
2 years ago
On October 5, the Third DCA held that strict compliance with Florida’s construction lien laws is a condition precedent to a claim against a payment bond. What was likely a scrivener’s error precluded recovery of more than $269,000.
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Categories: Litigation, Condominium Associations, Construction Law
Tags: Jamie A. Cole, Edward G. Guedes, Eric P. Hockman, Joshua D. Krut, Michael S. Popok, Joseph H. Serota, Bonds, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators
Author(s): Eric P. Hockman
2 years ago
On September 7, WSHPC&B Partner Edward G. Guedes scored a major appellate victory in the Eleventh Circuit Court of Appeals on behalf of purchasers of condominium units asserting federal and state claims against a developer. With contributions from Partner Laura K. Wendell, Ed successfully argued that the developer was not entitled to certain exemptions from disclosure requirements where the developer structured transactions for the sole purpose of evading those disclosure requirements.
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Categories: Litigation, Condominium Associations, Appellate Law & Practice, Land Use & Zoning (Private), Contracts
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, ILSA, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Miami Private Transactions Attorneys, Matthew H. Mandel
Author(s): Brooke P. Dolara
2 years ago
Fed up with owners who refused to pick up their pets' waste, the Village of Abacoa Condominium Association implemented a policy to have pets' DNA tested and then use the results to determine which dogs were defecating on the property. The policy created a rift between supporters who were tired of putting up with dog waste on the property and other owners arguing that the policy was costly, ineffective, and would lead to a number of lawsuits.
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Categories: Condominium Associations
Tags: Condos and HOAs, Governing Documents, Rule Enforcement, Joshua D. Krut, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Florida Community Association Law, Florida Condo Association Law
Author(s): Brooke P. Dolara
2 years ago
Recently a pre-construction purchaser of a unit in a stalled condominium project in Sunny Isles, Florida asserted multiple claims in federal court against the project's developer and its employees. In addition to the standard breach of contract claim, the plaintiff also attempted to allege multiple violations of the Interstate Land Sales Act ("ILSA") and Florida Deceptive and Unfair Trade Practices Act ("FDUTPA") as a class action on behalf of all other contracted unit-purchasers.
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Categories: Litigation, Condominium Associations
Tags: Condos and HOAs, Jamie A. Cole, Edward G. Guedes, Joshua D. Krut, Michael S. Popok, ILSA, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Miami Private Transactions Attorneys, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Construction Lawyer, Miami Construction Lawyer, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Michael S. Popok & Samuel I. Zeskind
2 years ago
Most well-informed Florida condominium and homeowners' association boards know that the filing of a petition in bankruptcy court by a unit owner halts direct collection efforts. What most boards do not understand, however, is that the mere filing of a Chapter 7 or Chapter 11 petition does not discharge that debtor's post-bankruptcy filing obligations to the association – even when the debtor "surrenders" the property in the bankruptcy or otherwise moves out of the subject unit.
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Categories: Litigation, Condominium Associations, Bankruptcy & Creditors’ Rights, Homeowners' Associations
Tags: Automatic Stay, Collections, Chapter 7 Bankruptcy, Chapter 11 Bankruptcy, Condos and HOAs, Joshua D. Krut, Aleida Martinez Molina, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Aleida Martínez Molina
2 years ago
Our new blog will feature the latest legal news, firm events and practice area updates to keep our clients informed and educated. Check back often for recent developments.
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Categories: Land Use & Zoning (Public), Environmental/Sustainability, Labor and Employment, Litigation, Condominium Associations, Bankruptcy & Creditors’ Rights, Government Affairs, Local Government, Homeowners' Associations, Airports and Aviation, Appellate Law & Practice, Federal Law, Awards & Recognitions, Land Use & Zoning (Private), Federal Courts, Class Actions, Constitutional Law, Civil Procedure, Affordable Housing, Landlord-Tenant Law, Construction Law, Contracts, Ethics & Professional Responsibility, Eminent Domain, Torts
Tags: Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Miami Aviation Attorneys, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, South Florida Airport Law, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Miami Private Transactions Attorneys, South Florida Public Transactions Law, Fort Lauderdale Public Transactions Law, Miami Public Transactions Law , Fort Lauderdale Eminent Domain Attorneys, Miami Eminent Domain Attorneys, Sourth Florida Eminent Domain Attorneys, Scope of the Project Rule, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Bankruptcy Attorneys, Miami Bankruptcy Attorneys, South Florida Bankruptcy Attorneys
