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Legal Updates

EPA PUBLISHES MEMORANDUM OF STRATEGIC CIVIL-CRIMINAL ENFORCEMENT POLICY

By: Katherine R. English, Esq. On April 17, 2024, EPA’s Office of Enforcement and Compliance Assurances published a memorandum setting forth a new Strategic Civil-Criminal Enforcement Policy that is immediately effective.  EPA is responsible for enforcing many of the federal laws related to environmental protection,…

D.C. JUDGE ISSUES IMMEDIATE HALT TO FLORIDA 404 PROGRAM

By: Chené Thompson, Esq., On February 15, 2024, at 11:42pm EST, a judge presiding over the case of Center for Biological Diversity et al. vs. U.S. Environmental Protection Agency, et al., issued a decision immediately vacating Florida Department of Environmental Protection’s (FDEP) programmatic biological opinion and essentially…

TOLLING AND EXTENDING PERMITS, OTHER AUTHORIZATIONS DUE TO STATES OF EMERGENCY-HURRICANES IAN, NICOLE, AND IDALIA

Property owners should be advised that Section 252.363, Florida Statutes, extends certain permits and other authorizations in counties where there is a State of Emergency (SOE) declared by the Governor because of a natural disaster. This law provides that certain development approvals are tolled for…

New Federal Reporting Requirement for Business Entities Ownership and Control

By: Katherine R. English, Esq. The Corporate Transparency Act (CTA), adopted in the 2021 National Defense Authorization Act as part of the Anti-Money Laundering Act, went into effect on January 1, 2024. CTA requires many business entities to report basic information regarding who owns and…

Special Edition: Legislative Update Pending Florida Bills Through 1-12-2016

It is that time of year when the Florida Legislature is in session.  This Special Edition of Legal Updates contains an attachment with information regarding all of the employment law bills that have been filed through January 12, 2016.  You will note that following the…

Q & A – Community Association

If permission is granted by one Board member, is the Association legally stopped from enforcing its governing documents? In Curci Village Condominium Association, Inc. v. Santa Maria, 14 So. 3d 1175 (Fla. 4th DCA, June 17, 2009), an Owner in a homeowners association verbally asked…

Statutory vs. Non-Statutory Reserves

A recent amendment to Florida Statute Section 720.303(6), which became effective on July 1, 2010, clarifies reserve requirements for mandatory homeowners association which are governed under Chapter 720 Florida Statutes. This Statute, as amended, now distinguishes between “statutory reserves” and other types of “voluntary” or…

Amendment 4 Will Cripple and Delay Any Economic Recovery in Florida

Amendment 4 was originally proposed in 2003, during the height of Florida’s development boom and strongest economy in decades.  It was designed to slow growth or stop it completely by requiring that every amendment to local comprehensive plans would be put to a vote of…

Summer 2009 Community Newsletter Part 1 – VOL. 20 NO. 8 – JUNE 2009

Date Published: 2009-06-01 Author: Christopher J. Shields Article Download: Summer 2009 Community Newsletter Part 1 – VOL. 20 NO. 8 – JUNE 2009 Legislative Update

Mortgage Foreclosure Delays

During the 2009 Legislative Session, the Florida Legislature proposed several bills, including one that was intended to require lenders to conclude a foreclosure action within one (1) year after the filing of the complaint, or be held responsible for all assessments due to the Association…

The National Labor Relations Board Proposes New Rule. Will Your Business Be Affected?

The National Labor Relations Board (“NLRB”) oversees the enforcement of the National Labor Relations Act (“NLRA”) and is authorized to promulgate rules enforcing the NLRA.  As a matter of background, the NLRA is the federal law that protects an employee’s right, among other rights, to…

Supreme Court Says Landowners May Challenge EPA’s Wetland Determinations in Enforcement Cases in Court.

On March 21, 2012, the United States Supreme Court issued a unanimous opinion holding that a United States Environmental Protection Agency compliance order is final agency action for which no other adequate remedy exists except Administrative Procedures Act review and that the Clean Water Act…

2011 Water Shortage – Pending

At the beginning of the year, the 2011 dry season was projected to be one of the driest on record.  Couple that with the new low Lake Okeechobee Regulation schedule and we were expecting the Lake Okeechobee Basin to be in more severe water shortage…

Leadership Change on House Agriculture Committee Likely to Impact the Next Farm Bill

As a result of the November elections, the House Agriculture Committee lost 16 of its existing 28 members (including 13 Democrats) when the 112th Congress was sworn in.  The Honorable Frank Lewis of Oklahoma will serve as Chairman of the House Agriculture Committee for the…

Bank Foreclosures and Unpaid Assessments

Increasingly, many condominium associations are forced to deal with the issue of unit owners who are being foreclosed upon by their lenders, and who are delinquent in the payment of  assessments to the association. In most cases, any lien that the association may have on the…

Permit Extensions Are Again Available

A short provision contained in House Bill 7019, signed into law by Governor Scott on June 14th, may give permit holders another chance to obtain an automatic two year extension of their permits and approvals. As in past “automatic” extensions, it requires a written request…

Final Deadline Approaching for Filing SB 1752 Extensions

The Florida Legislature again provided for an automatic two-year extension of certain local government development orders or building permits and for certain permits issued by the Florida Department of Environmental Protection or a water management district. This becomes especially important to consider in light of…

Emotional Support Animals

“Prescriptive pets” are a growing concern plaguing condominium associations. Boards are often forced to decide whether or not to pursue arbitration in order to require the removal of the pet in light of threatened discrimination claims by the unit owner. In Karanda Village VII Condominium…

Should Your Association Assign Delinquent Accounts to a Factoring (Funding) Company?

In the past year, a number of our clients have sought our advice after having been contacted by various companies offering creative options to for the collection of delinquent account.Often, these companies offer to forward fund a substantial portion of the unpaid assessments, with a…

Selective Enforcement

In Killeen v. S.B. Club Condominium Association, Inc., Case No. 2008-06-4403, Summary Final Order (March 6, 2009), the Unit Owner purchased his unit shortly before the Association sent a letter to all unit owners advising that it would begin to strictly enforce provision of the Declaration…

Condominium and Homeowner Association Elections

CONDOMINIUM ASSOCIATION ELECTIONSStrict compliance with the rules and procedures set forth in Section 718.112(d) of the Florida Statutes and Section 61B-23.0021 of the Florida Administrative Code, as summarized below, is crucial in condominium elections.   Failure to comply with these procedural requirements could result in the…

Minimum Wage

Florida’s minimum wage increases to $7.93 per hour effective January 1, 2014.

Should You Consider “Factoring” Your HOA’s Delinquencies?

Is your HOA board getting contacted by companies offering to purchase your association’s accounts receivable? It’s called “factoring,” and there’s a ready market if you’re interested. When might that be worth considering instead of hiring a collection agency to collect your HOA’s debt? Rarely, say…

Supervisor Misconduct by Itself is Insufficient to Impose Employer Liability Under OSHA

On July 24, 2013, the Eleventh Circuit Court of Appeals overturned a district court and issued an important decision affecting employer liability under the Occupational Safety and Health Act of 1970 (“OSH Act”) in a case involving supervisor misconduct, Comtran Group, Inc. v. U.S. Department…

The Lee County Board of County Commissioners Repeals Lee County’s Equal Opportunity Ordinance

At its September 25, 2012 meeting, the Lee County Board of County Commissioners (“BOCC”) repealed Lee County’s ordinance that provided for equal opportunity in employment (“Ordinance”) to employees who worked for employers with 6 or more employees, but with 14 or fewer employees.  The Ordinance…

Update: Has Florida Law Changed for When Nobody Runs for Office?

In a September 2012 HOAleader.com article, we discussed state laws and offered tips for proceeding when nobody runs for the board. One of our Florida experts noted that under Florida laws governing HOAs, the problem solves itself because board members serve until their replacement is selected. Florida laws…

Partner, Christina Harris Schwinn discusses Bills in Pipeline Could Impact Workplace

Now is not the time for business complacency. The 2014 Legislative Session is approaching, and there’s a slew of state and federal bills that could impact Southwest Florida employers. With debates ranging from workplace bullying to social media privacy and minimum wage, experts said it’s…

Community Association News

Summary of Changes Chapter 719, Florida Statutes, Governing Cooperatives

National Labor Relations Board’s Right to Know Rule is Now on Hold

On April 18, 2012, the United States District Court of Appeals for the D.C. Circuit granted an emergency motion for injunction suspending the April 30, 2012 required posting date for the National Labor Relations Board (“NLRB”) Right to Know Rule and Poster. Questions regarding the…