Newsletters

FALL 2003

WELCOME ABOARD

While the Firm practices in several areas of the law, such as commercial litigation in both the state and federal courts, bankruptcy and personal injury, the majority of the practice is devoted to the representation of condominium and homeowners' associations. In this issue, the Firm is proud to announce the following associations to our growing list of clientele: South Tower at The Point Condominium in Aventura, 2080 Ocean Drive Condominium in Hallandale, Golden Isles Yacht Club Condominium in Hallandale, Pembroke Falls V Homeowner’s Association in Pembroke Pines, Riverlandings Condominium Association in Fort Lauderdale, and Tract 57 Homeowner’s Association in Tamarac. If we don’t say it enough, we can assure you that we appreciate the business and the confidence placed in the firm.

MOLD MOLD EVERYWHERE

The topic of toxic mold exposure is certainly a hot one, with lawsuits dramatically on the rise even within our Firm. To learn more about this fast growing and new area of science and law, Eric Glazer and Andrew Demos recently attended a two day seminar in Phoenix, Arizona entitled “Litigation of Toxic Mold Cases.” This informative course focused on the connection between exposure to microscopic toxic molds both in the home and workplace and its effect on human health.

JOINING OUR LEGAL TEAM

The Firm is proud to announce the recent hiring of a new Associate, Meredith L. Spira. Miss Spira obtained her law degree from Emory University School of Law and her undergraduate degree from Duke University. Meredith is licensed to practice law both in Georgia and Florida and will concentrate in the areas of condominium and homeowners' association representation, as well as civil and commercial litigation.

SOME RECENT SUCCESS

The Firm recently settled a lawsuit against the owner of a residential rental complex on behalf of a plaintiff who suffered a sexual assault, for the sum of $115,000.00 The Firm argued that the landlord breached its statutory duty to provide adequate windows, doors, locks and keys, which allowed the perpetrator to gain entry into the unit through missing jalosy windows and a missing screen, prior to committing the crime.

WE’RE ON THE WEB

Check out our exciting and informative website at: www.condo-laws.com where you can learn more about our attorneys and practice areas.

HIGH-RISE INSURANCE

Prior Legal Beat Newsletter issues warned of the dramatic rise in condominium insurance rates. However, Gateway Insurance Agency in Ft. Lauderdale recently informed us that there is finally another choice for your Association’s Property Insurance, exclusively for high rise and/or ocean front condominiums. According to Greg Waltz, one of the largest commercial property writers in Florida is now writing “water front associations” with extremely competitive premiums. For more information on this program you may call Greg Waltz  at 1-800-940 5501 x 107 or e-mail him at gwaltz@gatewayins.com.

This month, the 4th District Court of Appeals held that a Hollywood condominium association rule banning the holding of religious services in the auditorium of the condominium does not constitute a violation of Florida Statute Section 718.123 which precludes condominium rules from unreasonably restricting a unit owner’s right to peaceably assemble. In Neuman v. Grandview at Emerald Hills Condominium, the Board decided to pass a rule banning religious services on the common elements. The court found the rule preventing use of the auditorium for religious services to be reasonable in light of the Board’s concern for serious potential for conflict of use which could arise among competing religious groups and after having first determined that a majority of the members approved the ban. Citing a long line of precedent, the court held that where the condominium association’s regulations regarding common elements are reasonable and not volatile of specific statutory limitations, the regulations should be upheld.

FIRE SAFETY

Many condominiums have previously been forced by the county or local municipality to install water sprinklers. Now, Florida Statute 718.112 states that an association, condominium, or unit owner is not obligated to retrofit the common elements or units of a residential condominium with a fire sprinkler system or other engineered life safety system in a building that has been certified for occupancy by the applicable governmental entity, if the unit owners have voted to forego such retrofitting and engineered life safety system by the affirmative vote of two-thirds of all voting interests. However, a condominium association may not vote to forego the retrofitting with a fire sprinkler system of common areas in a “high-rise building” meaning a building that is greater than 75 feet in height, where the building height is measured from the lowest level of fire department access to the floor of the highest occupiable story. A vote to forego retrofitting may not be obtained by general proxy, or limited proxy, but shall be obtained by a vote personally cast at a duly called membership meeting, or by execution of a written consent by the member. The association shall provide each unit owner written notice of the vote to forego retrofitting of the required fire sprinkler system, in at least 16-point bold type, by certified mail, within 20 days after the association’s vote.

A Publication for clients, family and friends of:

Law Offices of Eric M. Glazer, P.A.

Eric M. Glazer, Esquire
Michael A. Rajtar, Esquire
Lourdes Sanchez-Barcia, Esquire

Corporate Place, 85th Floor
1920 E. Hallandale Beach Blvd.
Hallandale, Florida 33009
(954) 983-1112
(954) 333-3983 - facsimile

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