Florida Community Association Construction Law Blog: Real Estate & Property Law

Home -> Law Blog Directory -> Real Estate & Property Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Real Estate & Property Law

Florida Community Association Construction Law Blog

Covers construction law and litigation, community association turnover disputes, foreclosure defense and mortgage workouts.
By Alan E. Tannenbaum

Post Frequency: 0.2/day

Last Entry: August 07, 2012 at 15:14:37

Unit Owner Sues Condominium Association for Water Intrusion - Association Prevails

Posted on August 07, 2012
Unit owner Jerome Feldman and his company sued the Villa Regina Association, Inc. for water damage in the unit from the common element. Generally, if damage to a unit is repairable, thus rendering the damage "temporary", the measure of damage is the cost of repair...

Quirky Florida Attorney's Fee Decisions

Posted on November 14, 2011
We advise owners to insert prevailing party attorney's fee clauses in construction and repair contracts, as it is more likely that you as owner will pursue a claim against the contractor then vice versa. But does the clause that is inserted cover all possible attorney's fees? Maybe not...

HAVING A SAY ON WHO SHOWS UP TO UNDERTAKE YOUR REPAIR PROJECT

Posted on October 19, 2011
Most owners hire a general contractor for major repair projects based upon the track record of that contractor on similar projects. But the reality for most general contractors is that performance varies from job to job. Although there are a variety of possible causes for this variability, perhaps the most significant is the fact that different project superintendents and subcontractor crews show up to undertake one project versus another...

Health Concerns on Pre-1978 Renovations

Posted on September 16, 2011
BE SAFE: National Lead Poisoning Prevention Week October 23-29, 2011 Since April 22, 2010, federal law requires that all contractors who perform renovation on buildings built prior to 1978 must be certified in lead safe work practices. The law was passed to protect homeowners, their families and the contractors themselves from the potentially toxic lead dust...

To access this complete feed in the blog feed reader login or register for free.

BIG BANKS BEHAVING BADLY - IS THERE A REMEDY?

Posted on August 22, 2011
Its best with commercial loans to know your lender and foster a strong working relationship so that when challenges arise there is the opportunity to work towards a solution which satisfies both lender and borrower concerns. Unfortunately, with certain big banks, often borrower concerns fall on deaf ears...

NEW LAW TO PROTECT FLORIDIANS FROM MOLD CONTRACTORS

Posted on August 04, 2011
On July 1, 2011, a new law took effect in regards to persons who provide mold related services. The law provides a distinction between persons who provide mold assessment services and mold remediation services. With the intent to protect the safety and welfare of the public the legislature has determined that persons who provide these services must be regulated by the state...

ANNOUNCING TANNENBAUM SCRO HANEWICH & ALPERT

Posted on July 13, 2011
Tannenbaum Scro, a law firm with offices in Sarasota and Clearwater, announces that Mark C. Hanewich and Liz Alpert have joined the firm as partners. The firm will now be known as TANNENBAUM SCRO HANEWICH & ALPERT, Attorneys at Law. Mark Hanewich practiced as a real estate lawyer in Massachusetts and Rhode Island for 16 years prior to moving to Florida in 2000, where he has since concentrated his practice in the areas of residential and commercial real estate, lending and corporate law...

DEFECTIVE LOCKS THREATEN SECURITY IN COMMUNITY ASSOCIATIONS

Posted on June 24, 2011
Multiple class action law suits have been filed in federal court against KABA, one of the world's largest manufacturers of keyless locks mechanisms. KABA's keyless lock mechanisms are used in both residential and commercial applications and have been sold throughout the country, including Florida...

11th Circuit Court of Appeals Rejects Coast Bank Borrowers' Appeal of Restitution Denial in Phil Coon Prosecution

Posted on June 03, 2011
In 2004, Phillip Coon, the Vice-President of Lending for Coast Bank of Bradenton, and John Miller of American Mortgage Link, a Tampa mortgage brokerage firm, hatched a scheme which they marketed nationwide through 2006 to entice investors to purchase Southwest Florida single-family home flip deals...

DISTINGUISHING WARRANTY EXPIRATION FROM STATUTE OF LIMITATIONS' EXPIRATION FOR FLORIDA CONDOMINIUM AND HOMEOWNER ASSOCIATION CONSTRUCTION DEFECT CLAIMS

Posted on May 16, 2011
A warranty period in the context of condominium and homeowner association construction warranties is the finite period of time that the quality of a particular building component is guaranteed by a developer, general contractor, etc. A statute of limitations in the context of a warranty claim is the period of time during which a claim on the warranty must be filed in court to preserve the warranty claim...

FLA. SUPREME COURT TO DECIDE WHETHER IMPLIED WARRANTIES APPLY TO SITE IMPROVEMENTS IN HOMEOWNER'S ASSOCIATIONS

Posted on May 02, 2011
The Florida Supreme Court on April 20th agreed to hear the case of Maronda Homes, Inc. v. Lakeview Reserve Homeowners Association, Inc., an appeal from an October, 2010 decision of the Fifth District Court of Appeal. In the decision under appeal (48 So...

LEGISLATION BEING CONSIDERED THREATENING JUDICIAL INDEPENDENCE IN FLORIDA

Posted on April 20, 2011
We are diverting from our usual construction-related topics to inform you of this serious threat to judicial independence in Florida. On Friday, April 15th, the Florida House of Representatives passed HJR7111, a bill proposing amendments to the Florida constitution revamping the Supreme Court, giving the Legislature the authority to establish the rules of court and altering the judicial nomination process...

Understanding the Florida Friendly Landscaping Law

Posted on April 18, 2011
In 2009, as a response to severe droughts in the state, the Florida Legislature passed Senate Bill 2080. The Bill is now codified in Florida Statutes 720.3075(4). The new law states that homeowner association documents "may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping …" Florida-friendly landscaping is defined in Florida Statute 373...

ECONOMIC LOSS RULE EXCLUSION FOR PROFESSIONALS APPLIES TO SURVEYORS

Posted on April 05, 2011
In Florida, under the "economic loss rule", a party is precluded from suing a party with whom it has contracted for negligence absent personal injury or property damage. One exception carved out by the Florida Supreme Court has been for the negligence of "professionals", although the court did not specifically define what a "professional" is...

UNLICENSED CONTRACTING - IMPACT ON CONTRACT ENFORCEMENT

Posted on March 21, 2011
Florida Statute 489.128 provides that contracts entered into by an unlicensed contractor are not enforceable by the unlicensed contractor. Importantly, this statute was amended in 2009 to clarify that the term "unlicensed" means the failure to secure a state license (as opposed to a local license)...

Attorney/General Contractor Joins Tannenbaum Scro Law Firm

Posted on February 20, 2011
David W. Smith, who holds the distinction of being both a Florida lawyer and Florida licensed general contractor, has joined Tannenbaum Scro's litigation department. His primary areas of practice are construction law and litigation, construction permitting and licensing, corporate and contract law, foreclosure defense and commercial litigation...

FRAUD IN SELLING FLORIDA - 2004-2007

Posted on July 06, 2010
Over the last three and a half years our firm has represented over 350 investors from 40 states victimized in Florida flipping deals gone bad and in the process worked out more than 200 toxic mortgages for these individual investors. What happened? THE REAL ESTATE What the Southwest Coast of Florida had aplenty in 2003 were platted lots...

Unit Access for Common Element Repairs - Hollywood Towers Decision

Posted on June 24, 2010
The Florida Fourth District Court of Appeals recently announced its decision in Hollywood Towers Condominium Association, Inc. v. Hampton, 35 Fla. L. Weekly D1424a, June 23, 2010. As with many aging hi-rise condominiums in Florida, the reinforcing steel in the exterior balconies of the units at Hollywood Towers had deteriorated, requiring remedial work by the Association...

What Makes a Good Construction Defect Expert?

Posted on May 12, 2010
by Alan E. Tannenbaum and Salvatore Scro as co-authors with Felix Martin, PE In the marketplace today there are many people who call themselves "construction experts." Some of them are highly experienced and knowledgeable, while some are little more than talking heads with little substantive expertise...

U.S. Supreme Court Rules Against Class Actions in Arbitration

Posted on April 30, 2010
The United States Supreme Court just published its opinion in Stolt-Nielson S.A., et al v. Animalfeeds International Corp., 22 Fla. L. Weekly Fed. S269A. In its holding, the Supreme Court determined that absent the express agreement of the parties or a state or federal law mandating it, a defending party cannot be forced to arbitrate separate contract disputes on a class basis...

The Challenge of Structural Distress in Aging Buildings

Posted on April 05, 2010
Several years ago, the federal government commissioned a study in Florida to determine the anticipated life of the structural components of condominium and apartment buildings. The findings, assuming proper maintenance and barring hurricane impact, was 50 years...

Coast borrowers must wait to learn their fate

Posted on December 12, 2009
Published Bradenton Herald: Tuesday, December 11, 2009 By: Grace Gagliano - ggagliano@bradenton.com TAMPA — Coast Bank borrowers will have to wait until Dec. 21 to get their day in court in what has become a lengthy evidentiary hearing in the Philip Coon case...

Witnesses: Builder was to pay closing costs

Posted on December 12, 2009
Published Bradenton Herald: Tuesday, December 9, 2009 By: Grace Gagliano - ggagliano@bradenton.com TAMPA — A First Bank employee and two title company owners who worked on Coast Bank loan documents during Philip Coon's loan skimming scheme testified Tuesday the builder was responsible for paying closing costs...

Coast Exec: "I was greedy"

Posted on December 11, 2009
Published Bradenton Herald: Tuesday, December 8, 2009 By: Grace Gagliano - ggagliano@bradenton.com TAMPA - Philip William Coon said Monday he was an "idiot" and "greedy" for committing wire fraud and money laundering by illegally pocketing $1...

Coast Bank money laundering case goes to court today

Posted on December 11, 2009
Published Bradenton Herald: Monday, December 7, 2009 By: Grace Gagliano - ggagliano@bradenton.com Bradenton - Fourteen months ago, Philip William Coon pleaded guilty to federal charges of fraud and money laundering by illegally pocketing $1.2 million...

WHEN IS IT JUST MOLD AND WHEN IS IT SOMETHING ELSE?

Posted on October 08, 2009
Guest Article by: Felix Martin, P.E., Principal Marcon Forensics Orlando, FL While inspecting the interior of a residential unit, you observe black mold growing on the walls. Is it a sign of poor housekeeping or of more serious problems? Should you consider vacating the unit immediately or ignore it altogether? Mold infestation is a widely misunderstood malaise, both in terms of overestimating and underestimating its potential danger...

Is there a "best suited" law firm for Developer Turnover Transition to Homeowners?

Posted on August 20, 2009
HIRING TWO LAW FIRMS Every condominium association should have a general counsel under retainer to advise on day-to-day operations and ongoing legal issues. During the transition period, general counsel can be of great assistance to a new Board in getting acclimated to the varied requirements: � Documents � State Statutes � State Administrative Rules & Regulations � Common Law (court-created law) Governing Condominium Operations The transition period is also the time for the construction quality of the building and improvements to be evaluated and for Association financial operation during the period of developer control to be scrutinized...

Court Ruling Favors Victims of Bank Scam - Victory by Levin Tannenbaum

Posted on July 21, 2009
Court ruling favors victims of bank scam By John Hielscher Published Sarasota Herald-Tribune: Tuesday, July 21, 2009 at 1:00 a.m. It took nearly six months, but a federal appeals court has denied motions to reconsider its decision that awarded victim status to hundreds of Coast Bank loan customers...

Clients with Chinese Drywall Issues

Posted on July 13, 2009
Sarasota Herald-Tribune Article on several of Levin Tannenbaum Clients with Chinese Drywall Issues - for homeowners dealing with Chinese-made drywall, the concerns grow more urgent with the arrival of a new child. www.heraldtribune.com/apps/pbcs.dll/article Drywall dilemma deep for parents GO OR STAY? For homeowners dealing with Chinese-made drywall, the concerns grow more urgent with the arrival of a new child By Aaron Kessler Having a baby -- especially when it is a first child -- is enough of a challenge for most new parents...

What You Need To Know About Short Sales, 6/17/09 at SAR Headquarters

Posted on June 02, 2009
Cancellation of Debt - 1099-C: Short Sale on Property 1099 A and 1099C: Do you know what it means? Do you know the impact on the sale of your property? What do you know about the 1099-C form, and Cancellation of Debt? Find out at a special seminar set for Wednesday, June 17th from 9 to 11 a...

Related Law Bulletins

Missing Maryland Construction Foreman Discovered Dead in Shaft in Baltimore
The body of Wayne Kerr, a Maryland construction foreman employed b...

Construction To Begin On Border Fence
The Dallas Morning News has an article today stating that in 2008 ...

Construction Liens- The Nub of the Matter
For those who work on construction jobs, getting paid is certain...

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...