FLORIDA CONSTRUCTION LAW. A construction lien, also known as a contractor's lien or mechanic's lien, is a legal claim against a property. When properties are built or improvements are made, the contractor and subcontractors may have a right to file a lien against the property if they don't receive full payment. The lien must be paid if the property is to be sold and the contractor can ultimately force the sale of the property, even homestead property, if the lien is not paid off within a certain period.
Florida Construction law is complex. Building projects have the potential to be very complicated and frustrating. Oftentimes, there are issues that arise that lead to delays and added costs. And while it can be tempting to take shortcuts or ignore these issues in the interest of meeting deadlines or getting the job done faster, doing so could ultimately cause more problems than it solves.
Construction law is relevant to everyone. In response to shortages of affordable housing in cities across the U.S., some cities are looking for new ways to increase access to affordable housing. One solution that is gaining popularity is the option for homeowners to build accessory dwelling units on their property, which are attached or freestanding complete residences that can be rented out.
Community Associations are subject to strict rules as to the amount and type of fees they may charge unit owners who are delinquent on their assessments. The term 'community associations' includes Condominiums and Homeowner Associations (HOAs). These associations are also subject to strict laws concerning the types and amounts of fees that may be charged in the event of a transfer or sale of the unit.
Community Association Issues are on everyone's mind these days after Hurricane Irma caused damage across the state. Disputes are arising as to insurance coverage and the responsibility of owners versus that of associations. Does each party have sufficiant coverage? How will reserves be used? Are the reserves sufficient? Associations, Directors and Unit Owners should also use this as an opportunity to plan for the next casualty event. Click here for a discussion of the Post-Irma issues relating to the liability of condominium associations and their boards of directors, on these critical issues. Also check out our blogs on resolving disputes or litigation arising under NABOR and FR/BAR residential sales contracts after a casualty event.
Florida Commerical Leases /Rental Agreements -In a recent post, we discussed 'Go Dark ' clauses and how they can affect commercial tenants and landlords. We explained that these clauses allow a tenant to cease operations without losing commercial space. As beneficial as this might be for tenants, it can cause headaches for commercial landlords who know that closed businesses can be bad for nearby businesses.
Leasing commercial space is often a major expense for any business. Between the rent, the cost of maintenance and utilities, and the need to staff the business, there is typically a lot at stake when a business opens its doors.
Here's a quick and dirty summary of the new estoppel certificate laws for Condominiums and HomeOwner Associations. Estoppel certificates used to be referred to as 'estoppel letters.' Associations need to be complying with these detailed new requirements, there can be serious penalties for failure to do so.
Real Estate Litigation often arises out of people being careless with language.
REAL ESTATE DISPUTE? [Edited May 1, 2017]