When it comes to community associations, nothing generates more conflicts and disputes than a hotly contested election for the association’s board of directors. Most often, the debate involves whether or not, under Florida law, a certain individual is even eligible to serve on the association’s board. Read Full Post
Records retention policies for Small and Mid-Sized Businesses: Part Two- Abiding by your policy and honoring the litigation hold
In Part One of this bLAWg post, we focused on what document retention policies are, who should have them and what documents should be kept for what length of time. Please click here to review Part One. In Part Two of this bLAWg post, we will focus on what the legal ramifications of failing to comply with your document retention policy are, with special attention given to responsibilities of the retaining company once litigation is anticipated or underway. Read Full Post
This bLAWg is Part II in a series of bLAWgs designed to provide business owners with a high-level overview of the legal process for collecting on past-due accounts receivables. Specifically, Part II focuses on commencing legal action against delinquent customers once it’s become apparent that pre-suit collection efforts are futile. Read Full Post
It is common knowledge that when a person or business files for bankruptcy, the end result is typically a discharge of debts. The bankruptcy debtor will no longer be personally responsible for payment of the outstanding debts. However, a security interest in real property remains, such as a lien created by a mortgage on a home. But what happens to a security interest in something more intangible, like insurance proceeds? Read Full Post
Records retention policies for Small and Mid-Sized Businesses: What do you need to know? A multi-part feature.
Management of records including creation, retention, access, and destruction, has been a major concern for businesses. This is mainly due to the growth in volume of records (especially electronic data) and the lingering fear of litigation. Once a business is named as a party to suit, high scrutiny is placed on litigants in order to prevent spoliation of evidence that may be relevant to prosecution or defense of the lawsuit. Development and execution of an effective document retention policy is critical as the alternative may result in unfavorable discovery, loss of critical information, unnecessary expenses and adverse judgments. This two part bLAWg post endeavors to provide small and mid-sized businesses a few an overview what document retention policies are and things to consider when creating an internal document retention policy. Read Full Post
Many creditors have default interest provisions in their contract documents. The highest rate allowable under Florida law for these default provisions is 18% per annum or 1.5% per month. However, creditors almost never address post judgment interest in their contract documents. Such omission leaves them at the mercy of the interest rate set forth in Section 55.03, which states: Read Full Post
A diverse and strong portfolio that demonstrates success is what sets a normal business apart from an extraordinary one. Here at Jimerson & Cobb we pride ourselves on our vigorous work ethic, attention to details and commitment to our clients. Expressed in our mission statement, “We are accessible, responsible, prepared, efficient and technologically advanced.” Our goals are clear and one has been recognized and validated by the community at large. Thanks in part to our partnership with Paper Street Web designs, we are very proud to announce that our website recently received 1st place in the 19th Annual Communicator Awards in Excellence in Law and Legal Services. Read Full Post
The Florida Statutes are clear—persons who purchase a residential foreclosure with outstanding assessments and dues attached to it are responsible for paying those past-due amounts to the governing association upon taking possession of the property. See Fla. Stat. § 718.116(1)(a) (applying to condominiums); see also Fla. Stat. § 720.3085(2) (applying to property governed by homeowners’ associations). This Florida law applies to banks as well. Read Full Post
Basic Considerations for Condominium Arbitrations: Alternative Dispute Resolution with “Thy Neighbor”
Effective 1992, the Condominium Act requires arbitration of certain condominium disputes as an alternative to court litigation and also authorized mediation of such disputes. The objective of the program is to provide condominium unit owners and associations a just, speedy and inexpensive alternative to litigation in the court system.
Section 718.1255, Florida Statutes, defines which disputes are eligible for arbitration “as any disagreement between two or more parties and the authority of the board of directors or the association’s governing document”. An eligible dispute for arbitration requires any owner to take or not to take any action involving that owner’s unit, or involving the alteration or addition to a common area or element of the condominium property. Read Full Post
Considerations for Filing Multiple Bankruptcy Actions or Re-filing a Bankruptcy Action after Dismissal
There are numerous provisions built into the Bankruptcy Code which restrain a debtor from abusing the system by filing for bankruptcy over and over again. This includes periods of time in which filing is barred and an inability to obtain multiple discharges during a specified length of time, to name a few. Further, dismissal of a bankruptcy action may have a negative impact on the debtor and provide some relief for creditors in a future action. Read Full Post