Monthly Archives: September 2013

Condominium and Homeowner Board Member Certification

Condominium and homeowner associations are common when living in Florida. All associations are creatures of the Florida Statutes. They are corporations with a governing body typically called a Board of Directors who are elected by the unit owners. Sitting on the association Board gives decision making authority over other members of the community. Sometimes these Board members abuse their power for their own self-benefit or interest. Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: ,

Collecting Accounts Receivable Part X: Proceedings Supplementary

This Blog is Part X in a series of Blogs designed to provide business owners with a high-level overview of the legal process for collecting on past-due accounts receivables. Specifically, Part X focuses on the utilization of proceedings supplementary as a tool for satisfying the outstanding judgment balance owed by a judgment debtor. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Revitalizing Downtown Jacksonville: Fifty Years in the Making

By Charles B. Jimerson, Esq. and Tracy Engle

The revitalization of Downtown Jacksonville has been at the top of the business, civic, and political agenda for the last fifty years, but with the recent creation of the Downtown Investment Authority (DIA) Board, the effort to revitalize Jacksonville’s Downtown may finally be gaining momentum. To appreciate why the City of Jacksonville will be watching the DIA in the upcoming months to see if this is initiative that will rejuvenate Downtown, it is important to recognize the long history of revitalization efforts dating back to the 1960s. With focus and resolve, the DIA may just be able to solve some of the problems that their predecessors could not.
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CATEGORY: Florida Business Litigation Blog, Florida Construction Industry Law Blog Practice Areas: ,

Indemnity Provisions in Construction Contracts

Many times the party with the most leverage in contract negotiations forces the “weaker” party to hold it harmless or indemnify it for anything that goes wrong in connection with the contract, even problems caused by the “stronger” party’s own negligence. Indemnity is a risk shifting mechanism and essentially comes in two forms: common law and contractual. This article focuses on contractual indemnity provisions in construction contacts. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Amendments to the 2013 Florida Statutes Affecting Condo and HOA Official Records Keeping and Maintenance

Several legislative changes to the Florida Statutes, occurring during 2013, have impacted the operation of Florida’s Condominium Associations and HOAs. This blog focuses on those changes applicable to the maintaining of official records. For Condo Associations, the laws governing official records are codified in Section 718.111(12)(c), Florida Statutes; for HOAs, those laws are found in Section 720.303, Florida Statutes.
The Florida Legislature passed House Bill 73 earlier this year, which amended the Florida Statutes and became effective July 1, 2013. Read Full Post

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The Rental of Homestead Property Can Destroy Florida’s Homestead Exemption:

Florida is known as a “debtor-friendly” state, and one of the greatest protections afforded debtors under the Florida Constitution is the homestead exemption. Article X, Section 4, of the Florida Constitution states that creditors cannot force the sale of the debtor’s primary residence in order to satisfy a judgment or lien. This homeowner protection is also codified in the Florida Statutes in Chapter 222.

Florida’s homestead protection applies to the primary residence up to one-half acre within a municipality and up to 160 contiguous acres outside of a municipality. Fla. Const. Art. X, §4(a)(1). As long as those acreage requirements are met, it does not matter if the primary residence is worth 4 million dollars Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: , ,

Collecting Accounts Receivable Part IX: Obtaining a Receiver Over the Debtor’s Property

This Blog is Part IX in a series of Blogs designed to provide business owners with a high-level overview of the legal process for collecting on past-due accounts receivables. Specifically, Part IX focuses on the ability of creditors to obtain a receiver over the debtor’s business and/or property as a method for satisfying the outstanding judgment balance.

Often times a creditor will find it difficult to collect on its judgment against the debtor, even when the creditor discovers that the debtor owns a business interest or owns other personal property Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

You Have a Judgment and Want to Collect on It

After a party obtains a judgment in a lawsuit, it may then be left trying to collect on it. Assuming the judgment is not paid, parties will likely engage in post-judgment discovery to locate assets and/or discover fraudulent transfers. Florida Statute § 56.29 provides judgment creditors with an expeditious remedy to both discover assets which may be subject to the judgment, as well as subject those assets to a speedy proceeding in the same court where the original judgment was obtained. Regent Bank v. Woodcox, 636 So. 2d 885, 886 (Fla. 4th DCA 1994). Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Protecting Tenants at Foreclosure Act

Given the current real estate market, a real concern among renters is what will happen to them if their landlord stops paying the mortgage and a foreclosure action is filed. In 2009, a new law was enacted to protect tenants of foreclosed property, such that they may not be immediately evicted upon sale of the property after foreclosure without notice. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,