A safety net. Look at almost anyone’s workstation these days and you’re sure to see their computer connected to a battery backup, or UPS (uninterruptible power supply). The concept is simple: maintaining continuity directly after an unexpected and unavoidable event. With a UPS, the idea is that in the event of a power outage, the [...]
Category Archives: Florida Condominium Law
Legislative Update: Status of Florida’s “Distressed Condominium Relief Act”
Florida Senate Bill 1196, which seeks to create the “Distressed Condominium Relief Act” in Florida, is on its way to Governor Crist for review. On April 28, 2010 the Bill passed the Florida House 107-4 and was ordered enrolled. Stay tuned for an analysis of the Bill should it become law.
Court holds that Florida condo purchaser is entitled to void contract because developer failed to establish two separate escrow accounts.
In Double AA International Investment Group, Inc., et. al. v. Swire Pacific Holdings, Inc., et. al., a federal judge of the United States District Court for the Southern District of Florida held recently that a condominium purchaser was entitled to void its contract because the developer did not establish two separate escrow accounts for the [...]
Florida’s construction defect notice law and associations representing more than 20 parcels
In previous blog posts we examined both the importance of condominium associations having an independent engineering report at turnover, and the construction defect claims process as outlined in Chapter 558 of the Florida Statutes. However, when making a claim for construction defects in Florida, a different set of time periods apply under Chapter 558 if [...]
3 new blog posts on deck for January
We had so much fun throughout the year bringing you new and interesting articles through our blog site, that we decided to take December off (just our blog posts, of course, the office is still open) and prepare a great start to the new year: 3 new blog posts! Stay tuned in January 2010 for [...]
Florida Appeals Court Orders Immediate Release of ILSA Refund to Buyers
(Originally published on November 9, 2009 at blog.molderlegal.com) Florida new construction buyers fighting with their developer over who gets to keep the deposit may get some well-needed relief in Court these days, thanks to a recent decision from the Third District Court of Appeals. On October 21, 2009, the Third DCA (with appellate jurisdiction that [...]
Florida Court holds that condominium association is successor to developer and can recover for construction defects from performance bond surety.
(Originally published on November 8, 2009 at blog.molderlegal.com) On October 30, 2009, Florida’s First District Court of Appeals held, in Marseilles Condominium Owners Association, Inc. v. Travelers Casualty and Surety Company of America, that a condominium association can sue and recover from a performance bond surety for construction defects arising out of construction of the [...]
The importance of an independent engineer for newly turned-over condominium associations in Florida.
(Originally posted on October 17, 2009 at blog.molderlegal.com) It’s been about a year since you closed on your brand new Florida condominium unit. You receive a notice from the developer-controlled association that the association is being turned over to the unit owners at an upcoming meeting, and you put your name down as a candidate [...]
Welcome to our Florida Condominium Law section!
(Originally published on August 29, 2009 at blog.molderlegal.com) Welcome to our Florida Condominium Law section! This topic thread is intended to cover many issues pertaining to condominium law and litigation in Florida, including the following: Condominium defects and warranty claims (including statutory warranties provided by Chapter 718 of the Florida Statutes) Condominium management Condominium-related litigation & [...]
-
(New Window Opens)
