Resource

A study conducted in 1994 by Florida International University, Department of Construction Management, concluded that one of the top three causes of problems on construction projects was the failure of participants, whether it be owner, contractor or subcontractor, to read and understand their contracts. Consider the following scenario that actually occurred. A contractor meets with […]

The Construction Lien Law, formerly known as the Mechanic’s Lien Law, has served as a source of confusion to owners, contractors, suppliers and materialman that seek to enforce its provisions. As outlined in Chapter 713, Florida Statutes, the Construction Lien Law established the ground rules for enforcing a construction lien on real property. The lien […]

A Condominium Association enjoys broad powers based upon Chapter 718, Florida Statutes, otherwise known as “The Florida Condominium Act.” Despite the guidance provided by the statute and case law which interprets it, little has been written to guide Condominium Associations when borrowing funds to finance various projects. Associations often borrow money to build capital improvements […]

When it is time to paint the Association’s buildings or replace the roof or install a fire alarm system or undertake any other major project in your community, the Board of Directors needs to address much more than getting the best price. If an Association naively assumes that all it needs to do is raise […]

The recent decision of the Third District Court of Appeals in Island Breakers a Condominium, Inc. v. Highlands Underwriters Insurance Company, 20 FLW D2702 (December 13, 1995), provides a Condominium Association with recourse against its insurance company arising from inadequate concrete coverage over balcony reinforcing steel. Historically, condominiums located in close proximity to the ocean have […]

The introduction and departure of several hurricanes this year has prompted the public and media to question and criticize the poor quality of residential construction attributed to municipal building departments, developers, contractors, engineers and architects. When Hurricanes Andrew, Erin and Opal caused entire roof systems to fly off buildings because nails had been driven through […]

The Florida Business Judgment Rule protects the business decisions of a Condominium Association’s Board of Directors as long as the Board acts in a reasonable manner. This issue often arises when the Board elects to perform remedial repairs to the common elements of a condominium. Frequently, the Association must raise sufficient funds, through a special […]

Last month, we generally discussed the nature of the concrete restoration and preservation industry. Today, we will consider typical issues confronting the Board of Directors of Condominium Associations when it comes time to perform the work. As we said last month, the key to a successful concrete restoration and/or preservation project is to have an […]

This month, we will initiate a three-part series on legal issues affecting concrete restoration projects. This month, in Part One, we will examine the scope of the problem. In Part Two, we will look at typical issues pertaining to association versus unit owner responsibilities. In Part Three, we will examine the contract process and procedure, […]

Associations and management companies routinely consider contracts for repairs or maintenance (e.g. painting, roofing, concrete restoration) which contain arbitration provisions in the event of dispute. However, many people do not have a clear idea of what “arbitration” is and whether it is better or merely different than litigation. Arbitration in Florida is governed by the […]