Monthly Archives: April 2013

Florida Associations Can be Jointly and Severally Liable for Past-Due Assessments After Lien Foreclosures

By Hans C. Wahl, Esquire

Florida’s Third District Court of Appeals has made it even harder for Florida’s associations to survive within this tough market environment. For decades, Florida law was interpreted as to always require the purchaser of a residential foreclosure to pay the past-due assessments owed to an association by the previous property owner. The Third District, however, has altered the interpretation of that law. In the case of Aventura Management, LLC v. Spiaggia, the Third DCA held that associations can now be considered jointly and severally liable for past-due assessments in certain situations. 105 So.3d 637 (Fla. 3d DCA 2013). Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: , ,

Can a Private Creditor Garnish the IRS for an Income Tax Refund?

Isn’t tax season a wonderful time for creditors seeking to collect on a judgment? A time when all that money flowing from the federal government to debtors could go straight into your pocket. Or can it? Can you garnish the Internal Revenue Service (“IRS”) in order to take that refund check before the debtor gets a hold of it and the money disappears? Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Association Statutory Liens: A Powerful Tool for Securing the Payment of Past-Due Assessments

By: Hans C. Wahl, Esquire

Nothing in life is free, and that applies to living in a nice neighborhood as well. Whether it is a neighborhood of condominiums or single family homes, the cost of maintenance and upkeep often falls to those living within that community. And when an association is delegated the duty of maintaining the neighborhood, that association will charge its residents a periodic assessment, which is due usually monthly or quarterly. Such associations function best when all property owners contribute by making timely assessment payments.
Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: , ,

Unlicensed Contracting and the Doctrine of In Pari Delicto

By: Christopher M. Cobb, Esquire

Chapter 489, Florida Statutes, regulates the “construction industry” in Florida “in the interest of the public health, safety, and welfare.” § 489.101, Fla. Stat.. The statute addressing the enforceability of a construction contract with an unlicensed contractor provides in pertinent part:

“As a matter of public policy, contracts entered into on or after October 1, 1990, by an unlicensed contractor shall be unenforceable in law or in equity by the unlicensed contractor.” § 489.128(1), Fla. Stat.
Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Tree Removal Laws in Jacksonville, Florida

By: Austin B. Calhoun J.D. 2013

In Jacksonville, Florida, do you have the right to cut down trees on your own property at will? You might be surprised to learn the answer is “no.” Having recognized the vital role trees play in our ecosystem, Jacksonville, Florida has enacted tree removal laws to protect against the over-destruction of trees. In sum, these laws require a permit to remove “protected” trees, require mitigation for removed trees, and empower the city to enforce civil fines and criminal punishment for violation. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Top 10 Considerations When Taking a Deposition in Aid of Execution

By: Kelly A. Karstaedt, Esq.

Once a judgment is entered, there are numerous methods that can be utilized to collect on the judgment, including garnishment and levying on real and personal property. But how do you know what is out there to levy against or garnish? The best method for locating assets is often times the simplest – just ask.

Rule 1.560, Florida Rules of Civil Procedure, allows for the use of a deposition as a proper discovery tool post judgment. Utilizing a deposition in aid of execution to ascertain the necessary information to garnish wages or levy on real property may seem simple. However, numerous considerations must be taken into account before making the decision to depose a judgment debtor. Below is a list of items to consider before, during and after taking a deposition in aid of execution.
Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,