PRINT ARTICLE By: Christopher L. Pope, Esq., Christopher J. Shields, Esq., Alexander J. Menendez, Esq., and Vanessa Fernandez, Esq. The aftermath of Hurricane Ian has left many condominium and homeowners’ association communities with severe damage, many of which are uninhabitable, or, for those located on the barrier
PRINT ARTICLE By: Christopher J. Shields, Esq., Christopher L. Pope, Esq., Alexander J. Menendez, Esq., and Vanessa Fernandez, Esq. The Board has a duty to take reasonable steps to perform repairs and restore the condominium, assuming the governing documents do not require automatic termination based upon the
PRINT ARTICLE By: Vanessa Fernandez, Esq. On Friday, September 23, 2022, by Executive Order 22-218, Governor Ron DeSantis declared a state of emergency covering 24 counties, including Lee, Collier, and Charlotte County, relating to Tropical Depression Nine, aka Hurricane Ian. That order was amended Saturday, September
PRINT ARTICLE By: Vanessa Fernandez, Esq. As an update to our June 7, 2022, article on the Building Safety Act, please be reminded that the deadline for Florida condominiums and cooperatives to report building information to the Division of Florida Condominiums, Timeshares, and Mobile Homes (“Division”) is
PRINT ARTICLE By: Katherine R. English, Esq. and Irene Kennedy Quincey, Esq. Compliance Officers and General Counsels are now challenged to help their companies prepare for EPA’s planned PFAS regulations as part of its effort to protect the public and the environment from a little understood, but
PRINT ARTICLE By: Christina Harris Schwinn, Esq, LLM Determining whether an individual is an employee or an independent contractor under federal and state law requires more than a written agreement designating the individual as an independent contractor. The tests for determining who can qualify as an independent
PRINT ARTICLE By: Christopher J. Shields, Esq. and Vanessa Fernandez, Esq. “No man’s life, liberty, or property are safe while the Legislature is in session” is a quote attributed to either Mark Twain or Gideon J. Tucker depending on who you ask. The same now apparently applies
PRINT ARTICLE By: Christopher J. Shields, Esq. and Vanessa Fernandez, Esq. How many lawyers does it take to cut down a tree? A new bill amending Section 163.045 of the Florida Statutes recently made its way through the Florida legislature and is set to become effective July
PRINT ARTICLE By: Vanessa Fernandez, Esq. This article concerns the recent amendments to the alternative dispute resolution provisions of the Condominium Act. All references to sections and subsections of statutes in this article are to the Florida Statutes (2021). The Condominium Act requires arbitration of certain disputes
PRINT ARTICLE By: Alexander J. Menendez, Esq. It’s something that’s easy to put off. However, after being recorded for thirty (30) years, if not properly preserved, a community’s covenants or deed restrictions can be extinguished by Florida’s Marketable Record Title Act (known as “MRTA” for short). Further,