Charles Jimerson comments on Jose Lantigua’s faked death and arrest in the Jacksonville Business Journal’s article “Presumably dead Jacksonville businessman arrested after being found in North Carolina.”
This blog post is part II in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and main sources of revenue. Part I explained that associations have the power, under the Florida Statutes, to expedite the foreclosure process when lenders are delaying. Part I also illustrated that by implementing a consistent policy for appearing in lender foreclosure actions and expediting the legal proceedings, associations can save tens of thousands of dollars over the years. This blog post addresses the unclaimed revenue in the form of foreclosure sale proceeds that associations fail to capitalize on due to not appearing in lender foreclosure actions and asserting their priority lien rights.
The previous blog post, “Drones in Community Association – Part I,” discussed the association’s regulation of the use of drones throughout and within the community. This post will discuss the potential for associations to utilize drones in everyday management and maintenance tasks for the community. The responsibility for the management […]
In Florida, unlicensed contracting is a crime. Florida Statutes provide special civil remedies for those harmed by unlicensed contracting. For instance, Section 768.0425 provides that a consumer harmed by an unlicensed contractor is entitled to treble damages and attorney’s fees. These are extreme remedies intended to punish unlicensed contractors. We typically think of a homeowner as the “consumer” in this context. However, a general contractor is likewise entitled to the civil remedies of §768.0425 if the contractor is harmed by its unlicensed subcontractor. Home Construction Management, LLC v. Comet, Inc., 125 So.3d 221 (Fla. 4th DCA 2013).
Featured in the February 2015 Issue Partner’s Perspective: Which Chess Piece Are You? J&C Named to Inaugural Gator100 List Ehlrich Seminar Held Last Week Save the Date for Our March Madness Block Party on March 26 Attorney Austin Calhoun is Sworn In New Law Blogs Curiosities, Ruminations and Various Eccentricities […]
Florida homeowners and condominium associations are now facing issues that were inconceivable at the time the community governing documents were drafted. The use of drones or UAS (“unmanned aircraft systems”) is beginning to exponentially expand. With the potential for packages to be delivered by drones, it is time for community […]
It happens all the time—an association gets served with a lender foreclosure action and the papers get set aside, never given a second thought. It is hard to fathom a more costly approach to association management that, in the long run, produces a greater negative impact to the association’s budget. Let’s take a second to consider why it is that community associations are named defendants in a property owner’s foreclosure action and get served with the lawsuit in the first place. The reason is because associations have a financial interest and lien rights in the underlying property for the required assessments pursuant to their declarations and the Florida Statutes. By ignoring lender foreclosure actions an association is ignoring its own financial interest and main source of revenue. This blog post is the first in a series of posts discussing the top reasons why community associations must not ignore lender foreclosure actions.
This blog is related to the previous blog post of “Setting Aside Fraudulent Transfers” as it relates to a creditor’s efforts to recover from a dissolved corporation or dissolved LLC. Setting Aside Fraudulent Transfers Part I: What to look for when going after officers or successor company discussed how a […]
With the number of community associations throughout Florida and the constant rotation of board members via yearly elections and other means, it is inevitable that conflicts of interest occasionally arise. For example, maybe the preeminent landscaping company in town just happens to be owned by an association’s vice president? Or, what if the best pool guy in the area is the son of a current board member? Such conflicts do not mean the association is automatically relegated to lower quality service. Moreover, the existence of a conflict in interest is not inherently a bad thing or evidence of corruption. The law requires board members to disclose conflicts of interest, and the Florida Statutes establish certain procedures that must be followed when conflicts exists. This blog post will provide an overview of the disclosure requirements when association board members have a conflict of interest, according to the Florida Condominium Act and the Florida HOA Act.
Charles Jimerson comments on being a Gator100 Honoree: “Get out there and prove yourself”.