Newsletters

SPRING 1999

ON THE MOVE

In an effort to better serve our clients, Glazer & Sachs, P.A. is proud to announce the relocation of its offices to the new address listed above. Our clients will find our new office space much larger, with easier access and parking facilities. While we will certainly miss Aventura, we're just moving abut one mile away. We encourage all clients and friends to stop by just to say hello.

WELCOME ABOARD

While the firm practices in several areas of the law, such as commercial litigation, bankruptcy and personal injury, we place a special emphasis on representation of condominiums, homeowners and co-operative associations. The firm is proud to announce the following most recent clients to our growing list of association clientele: Ro-Mont South, Azure Lakes, Wood Hue, Leeward and Rolling Green. If we don't say it enough, we can assure you that we appreciate the business and the confidence placed in the firm.

CONDOMINIUM UP-DATE

In 1998, the Florida Legislature made some significant changes to Florida Statute 718, which governs condominiums. Directors and committees may now meet by telephone if persons participating in the meeting can hear and speak to each other. Also, a person convicted of a felony in the United States is ineligible to serve as a director if hi or her right to vote has not been restored. There were other significant changes including the ability to fill vacancies on the Board by election rather than by appointment.

KEEPING UP WITH TECHNOLOGY

It is imperative for your lawyer to access the latest court opinions and amendments to the law. Toward that end, and in an effort to provide our clients with only the best legal representation, our office has recently purchased "on-line" research capabilities which brings us up to the minute changes in the law on our desk top computers. It's certainly no secret that the lawyer who did the better job researching a case most often proves to be the winner.

SOME RECENT SUCCESS

The firm recently represented approximately 90 unit owners of a hotel condominium in Miami-Dade County in a lawsuit against the condominium developer after the local municipality cited the condominium with several dangerous code violations which could have resulted in imminent harm. The plaintiffs sued the developer for failing to properly fund reserve accounts and for failing to honor a statutory warranty of the common elements. The case settled for the sum of $130,000.00.

COMMON SENSE DEVELOPMENT

Also in Miami-Dade County, the firm recently represented a homeowner who opposed a height variance granted by a local municipality to a developer who planned on building residential housing at more than twice the legal height limit. The firm was successful in getting the Miami-Dade County Circuit Court to quash the granting of the variance by the municipality's city commission.

THE DUTY TO MAKE REPAIRS

The firm's condominium law practice is not limited to representation of association's only. Recently, we represented a Coconut Grove unit owner in a lawsuit against his condominium association when the swimming pool located directly above his unit began leaking, causing damage to his unit. While the association denied liability, we were successful in obtaining a settlement in excess of $21,000.00 in addition to agreement by the association to make the necessary repairs.

THE UNIT OWNER'S OBLIGATION

It is important to remember that while the Association has the responsibility of maintaining the common elements, the unit owner has a corresponding duty to maintain the interior portions of their unit in order to ensure that their unit does not cause damage to other units or the common elements. The firm recently represented an association in a lawsuit against a unit owner who refused to exterminate and otherwise keep his unit clean, leading to infestation. Recognizing that under Florida law, the Association always has the right of entry into a unit in case of an emergency, the Association was able to obtain a court ordered injunction requiring the unit owner to vacate the property while the Association entered and made the necessary repairs.

LEGAL LINGO

While not nearly as common as the condominium form of ownership, many Florida residents choose to live in cooperative apartments instead. The main difference between the two forms of ownership is that in a condominium, you purchase your unit and a percentage of the common elements. In cooperative, legal title of the property remains vested in a corporation and the purchaser obtains stock in the corporation.