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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: Construction Issues & Contractual Disputes

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Becker & Poliakoff Wins Multi-Million Dollar Jury Verdict In Landmark Construction Case

Posted in advocacy, Construction, Construction Issues & Contractual Disputes, Litigation

FOR IMMEDIATE RELEASE Media Contacts: Kris Conesa or Andi Phillips Roar Media kconesa@roarmedia.com or aphillips@roarmedia.com (305) 975-5934 or (305) 401-5098 Jury Finds Subsidiary of National Developer Hovnanian Enterprises Inc. Liable for Breach of Contract and Violation of the New Jersey Consumer Fraud Act MORRISTOWN, NJ & FORT LAUDERDALE, Fla. – June 5, 2017 – Becker… Continue Reading

Florida Condominium Residents Should Leave Contractors Alone

Posted in Common Areas, Construction, Construction Issues & Contractual Disputes, Maintenance & Repair

Question: I live in a condominium association and there has been discussion concerning who has the authority to direct the association’s contractors and vendors, including the landscapers. We feel that because we pay for these services, these individuals work for us, and we should be able to tell them what to do. The manager told… Continue Reading

New Class in Sarasota, Florida: Condo Construction Projects Gone Wild!

Posted in Construction, Construction Issues & Contractual Disputes, Insurance, Maintenance & Repair

Presented By: Conrad Lazo and Steven H. Mezer Provider #0000811, Course #9626710, 2 HR CEU Credits This class is designed to educate community association managers and board members about the issues and pitfalls associated with community association renovations, maintenance and repairs to association property. We will address various issues including: Certificates of Insurance – Additional… Continue Reading

Becker & Poliakoff Announces New Condominium & HOA Classes

Posted in Budgets, Reserves & Financial, Construction Issues & Contractual Disputes, Hurricane/Disaster Issues, Service Animals/Emotional Support Animals

We are committed to sharing our legal knowledge to help others. We do so by offering State-approved educational resources in various forms, including more than two dozen courses, conferences, panel discussions, personal meetings, and webinars that you can conveniently attend from your office or home. With this many available options, it is easy for your… Continue Reading

Two Seminars in Hawks Cay: 2015 Legal Update & Condo Construction Projects Gone Wild!

Posted in Construction Issues & Contractual Disputes, Events, Legislation

2015 Legal Update (LU1) and Provider #0000811, Course #9627311, 2 CEU Credits Condo Construction Projects Gone Wild! Provider #0000811, Course #9626873, 2 CEU Credits Presented by: David Rogel, Esq. Rosa de la Camara, Esq. 2015 Legal Update Provider #0000811, Course #9627311, 2 CEU Credits In addition to sunshine and tropical storms, in Florida we are… Continue Reading

Cancelling Bulk Cable Contract in HOAs and Condominiums Could Be Tricky

Posted in Construction Issues & Contractual Disputes, Reader Q&A

Question: My association is going to sign a new bulk services agreement for basic cable television. I have satellite TV and will now have to pay twice for TV service. A third of the residents don’t want bulk cable service. Majority rules, I was told. What do you have to say? S.B. (via e-mail) Answer:… Continue Reading

Construction Lien Law Can Result In Condominium Associations Paying Twice For the Same Work

Posted in Construction Issues & Contractual Disputes, Reader Q&A

Question: Our condominium association is going to re-roof all of the condominium buildings this winter. In my home state, there was a “mechanics lien law” which applied to repairs of this nature. Does Florida have a “mechanics lien law”? B.H. (via e-mail)   Answer: Yes. Florida’s Mechanics Lien Law was renamed the “Construction Lien Law”… Continue Reading

Before the Bottom Drops Out – Investigate Sinkhole Activity While There’s Still Help Available

Posted in Construction Issues & Contractual Disputes, Hurricane/Disaster Issues, Sinkhole

One of the most active sinkhole regions of the state is within the area bounded by the triangle formed by extending a line from Ocala to Orlando and over to Tampa. Many community associations that could be impacted in this region may be unaware that these claims will be covered by their property insurance at… Continue Reading

Community Update 2014, Volume 5

Posted in Community Update, Construction Issues & Contractual Disputes, Insurance

Our legislative town halls have provided active community leaders with insights into the new laws that impact community association operations. Over 100 people attended the session held in Fort Lauderdale where the panel consisted of no less than six (6) local legislators. CALL partnered with Biscayne Neighborhood Association, Brickell Homeowners Association, and Downtown Neighbors Alliance… Continue Reading

Patio, Common Ground Don’t Mix In HOA, Either

Posted in Construction Issues & Contractual Disputes, Reader Q&A

Question: In one of your recent columns, you stated that an individual who constructed a cement patio extension on “common ground” in a condominium probably needed to get permission from all of the unit owners in order for this to be a valid addition. Does the same rule apply for homeowners’ associations?  E.S. (via e-mail)… Continue Reading

Community Update 2013, Volume 9

Posted in Community Update, Construction Issues & Contractual Disputes

After years of little to no activity, new condominium construction is now red hot.  There are reportedly 40 new condo towers planned for the Miami downtown area alone.  Our feature article, Top 10 Questions Regarding Condominium Construction Defects is a must-read for new purchasers. As explained in our CALL Alerts and our 2013 Legislative Guides,… Continue Reading

Top 10 Questions Regarding Condominium Construction Defects

Posted in Construction Issues & Contractual Disputes

The following are the 10 most frequently asked questions by Condominium Associations that are facing potential claims for construction defects: 1.    What is a construction defect? Construction defects can be classified into three categories:  defective building material; faulty workmanship; and improper design. 2.    Who is responsible for the construction defect? The developer, design professional, and… Continue Reading

Florida courts’ application of the “new” economic loss rule since Tiara Condominium Ass’n, Inc. v. Marsh & McLennan, Cos., Inc.

Posted in Construction Issues & Contractual Disputes, Legislation

The Florida Supreme Court’s March 7, 2013 decision in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan, Cos., Inc., 110 So. 3d 399 (Fla. 2013), limited application of the economic loss rule [a judicially created doctrine that sets forth the circumstances under which a tort claim is prohibited if the only damages suffered are economic… Continue Reading

Florida Supreme Court Rules in Favor of Homeowners’ Association in Common Area Defect Case—CALL Alert for July 12, 2013

Posted in CALL Alert, Construction Issues & Contractual Disputes, Developer Obligations, Legislation

I am very pleased to tell you that yesterday, the Florida Supreme Court ruled in favor of the Lakeview Reserve Homeowners Association, Inc. (“Association”) in a major case involving common area defects and implied warranties for home buyers in communities governed by homeowners’ associations.  CALL filed an Amicus Curiae brief (“friend of the court brief”)… Continue Reading

Potential Conflict of Interest Does Not Automatically Disqualify a Board Candidate

Posted in Construction Issues & Contractual Disputes, Fiduciary Duty of Board of Directors, Operations, Reader Q&A

Question:  In our upcoming association election, one of the board candidates is related to the owners of a company which does business in our condominium, through a substantial contract which was subject to competitive bidding. Does this disqualify the individual from running for the board?  A.I. (via e-mail) Answer:  No. The Florida Condominium Act sets… Continue Reading

Asking to be an Additional Insured?

Posted in Construction Issues & Contractual Disputes, Insurance

Board Certified Construction Lawyer Ryan Carpenter points out that “one size does not fit all” when referring to the additional insured requirements in construction contracts. The contractual requirement along does not mean you are covered.  Ask yourself these questions: Do you know the difference between a certificate of coverage and an endorsement? Do you know what language… Continue Reading

Does Your Condo or HOA Contain Defective Construction Products?

Posted in Construction Issues & Contractual Disputes, Developer Obligations

Board Certified Construction Law Attorney Aaron Pruss reminds us that manufacturing and workmanship defects are prevalent in the building industry. Such defects not only represent a large cost to Community Associations and homeowners in terms of repairs, but they can also present serious health and safety issues and reduce the value of the property. He’s identified some building… Continue Reading

Legislative Proposal Could Wipe Out Common Area Warranties

Posted in Construction Issues & Contractual Disputes

Attention HOA and other home owners, board members and CAMs: There is an attempt to legislatively control (and limit) homeowner rights and remedies for construction defects.  As I explained in Homeowners’ Associations: New Ruling Supports Compensation for Construction Defects and  Florida Supreme Court to Decide Whether Homeowners Associations Entitled to Implied Warranties the HOA statutes do not provide homeowners… Continue Reading