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Monthly Archives: May 2015

Construction and Design Claims: Beware of the Statute of Limitations and Repose

May 27, 2015 Construction Industry Legal Blog

Contractors, developers, owners, and anyone involved in the construction and design industry must be aware of the time periods for bringing suit to enforce construction and design related claims. Florida law has various limitations periods for filing of lawsuits. 95.11 Florida Statutes. These time periods are referred to as the statutes of limitation. If a lawsuit is not filed during the requisite time periods, the claim is deemed to be time barred.

Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions: Part V

May 26, 2015 Community Association Industry Legal Blog

This blog post is part V in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. Part I explained that associations have the statutory power to expedite the foreclosure process when lenders are delaying and illustrated that by implementing a consistent policy for appearing in lender foreclosure actions and expediting the legal proceedings, associations can save tens of thousands of dollars over the years. Part II addressed the unclaimed revenue in the form of foreclosure sale proceeds that associations fail to capitalize on when not appearing in lender foreclosure actions. Part III demonstrated that appearing in lender foreclosure actions allows associations to better determine if the foreclosing entity is entitled to Safe Harbor protection or not, and Part IV discussed ensuring the lender immediately begins paying assessments after taking title, including when it is worth pursuing the prior homeowner for the remaining unpaid assessment balance. This fifth and final post in the series explains when an association should initiate its own foreclosure action depending upon the status of the lender’s action.

Determining Ownership Within Boundary Disputes Part III: How to Determine Whether you Own the Water you Live On

May 19, 2015 Real Estate Development, Sales and Leasing Industry Legal Blog

This blog post is Part III in a series of blog posts discussing the determination of ownership in boundary disputes. Part I discussed the different claims and elements of claims that may be asserted in a boundary dispute action. Part II discussed the different types of information that can be […]

Determining Ownership Within Boundary Disputes Part II: Information Used To Prove Proper Ownership

May 7, 2015 Real Estate Development, Sales and Leasing Industry Legal Blog

This blog post is Part II in a series of blog posts discussing the determination of ownership within boundary disputes.  Part I discussed the different claims and elements of claims in boundary dispute actions.  This second post concerns the information used in proving ownership in boundary disputes. Proving ownership is […]

Determining Ownership Within Boundary Disputes Part I: An Overview of Claims Available and Analysis of Elements Required to Prove Those Claims

May 6, 2015 Real Estate Development, Sales and Leasing Industry Legal Blog

A disagreement arises between two neighbors as to the boundary line of their parcels, now what?  This blog will explore the claims that may be raised in a boundary dispute.  Preliminarily, before exploring the different claims that may be asserted to resolve boundary disputes, practitioners must deal with the threshold […]

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