Newsletters

SPRING 2004

WELCOME ABOARD

While our firm practices in several areas of the law, such as commercial litigation in both state and federal courts, real estate, bankruptcy, personal injury and toxic mold litigation, the majority of the practice is devoted to the representation of condominium and homeowners' associations. In this issue, our firm is proud to announce the following associations to our growing list of clientele: Meadowbrook Towers J, Turf and Parker Tower Condominiums in Hallandale, Lago Mar North in Fort Lauderdale, Pell Manor #3 and Coronet Vista Condominiums in Hollywood, Bona Vida Condominium in Aventura, Sans Souci and Fifth Moorings Condominiums in North Miami Beach, and Georgian Condominium in Miami Beach. If we don’t say it enough, we can assure you that we appreciate the business and the confidence placed in our firm.

WE’RE ON THE WEB

Check out our exciting and informative website at: www.condo-laws.com where you can view a personal biography about each of the firm’s attorneys, review our practice areas, read articles the firm’s attorneys have written and obtain copies of any of our previous Legal Beat Newsletter issues. If you would like to receive future issues of The Legal Beat Newsletter via e-mail please let us know.

CONSTRUCTION LAW UPDATE

A recently enacted Florida statute imposes a significant burden upon associations and individual homeowners regarding construction defect claims against a contractor. Pursuant to said statute, a timely offer by a contractor to correct improperly performed construction of the making of a monetary offer, creates a deadline of forty-five (45) days for an association to reject the contractor’s offer in a very specific format. The rejection deadline for an individual homeowner is fifteen (15) days. Importantly, failure to properly and timely reject the contractor’s offer results in a binding acceptance of the offer and an inability to pursue any claims against the contractor. Due to the potential serious implications involved with non-compliance with this new construction defect law, an attorney with relevant experience in this area should be the sole source of any and all written correspondence with construction contractors concerning construction defect claims and offers to settle a construction dispute. The firm is currently representing several associations during the “turnover” process where these issues are most common.

CONDO QUIZ COLUMN

Question: Who owns the common areas in a condominium and how is an HOA different?

Answer: In a condominium association the unit owners own an undivided share of the common elements while in an HOA, the common areas are owned by the association.

SOME RECENT SUCCESS

The firm recently settled a lawsuit against a cooperative association for $30,000.00 on behalf of a unit owner who suffered mold damage to his unit’s interior and furnishings. In addition to being reimbursed for damages suffered and attorney’s fees, the association is now required to pass a special assessment to replace the entire common area roof. The firm argued that despite professional reports obtained by the Board of Directors which insisted upon a total roof replacement, the Board breached their fiduciary duty by choosing to perform patch work on the roof year after year.

REAL ESTATE CONTRACTS

Perhaps the most important part of a real estate transaction is the signing of the initial contract. Unfortunately, all too often clients seek our advice after the contract is already signed. Among other problems, this can lead to payment of extra fees and costs, failure to have adequate time to relocate, the loss of an initial deposit even if a mortgage cannot be obtained, and the closing occurring in an inconvenient location. The firm is an agent for Attorney’s Title Insurance Fund and can assist both sellers and buyers in their purchase or sale of either residential or commercial properties. Prior to signing a contract, make sure that the contract is reviewed by an attorney. While a buyer or seller may feel pressured to execute a sales contract, the pressure and aggravation that can result due to an unfair contract or contract that fails to provide adequate protection can be far worse.

HOMEOWNER’S ASSOC. UPDATE

The Florida Legislature is attempting to make sweeping changes to the laws governing homeowners' associations to make them resemble laws governing condominium associations. For example, amendments presently under consideration would provide that fines would not be able to become liens on units, homeowners would be guaranteed the right to speak at Board meetings, special assessment meetings would require 14 day advance notice, the Association would be allowed to charge up to 50 cents for photocopies of records, there would need to be competitive bidding for certain association contracts, mandatory preparation of annual financial statements that may need to be audited depending on the size of the association, recall of Board members by a majority of the voting interests and the allowance of a display of a portable American flag and on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day the right to display removable official flags, not 11 lager than 4 ½ by 6 feet, which represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard.

A Publication for clients, family and friends of:

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

Eric M. Glazer, Esquire
Michael A. Rajtar, Esquire
Andrew C. Demos, Esquire
Meredith L. Spira, Esquire

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

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.