Category: Florida BAR article
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The Mortgage Foreclosure Crisis in Florida: A 21st Century Solution
Florida is facing a big problem with lots of people losing their homes because they can’t pay their mortgages. This is causing a lot of problems for the courts and the economy. It’s estimated to cost $9.9 billion per year and affect over 120,000 jobs. The problem is only getting worse, so we need to…
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Venue Considerations in Construction Disputes
When there’s a problem with a construction project, it’s important to think about where any legal action should take place. Most of the time, the place where a lawsuit can be brought is determined by a law called the general venue statute. There are also specific rules about where construction disputes can be heard, which…
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The Robertson Case: A Beneficiary by Any Other Name Is Still a Beneficiary
In a recent court case called Robertson v. Deeb, the court decided that an inherited individual retirement account (IRA) does not have the same protection from creditors as originally thought. This decision could affect many people in Florida who are beneficiaries of IRAs. It’s important to know that state laws can impact retirement accounts, so…
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Hidden Legal Risks of Green Building
“Green” construction is now a mainstream trend, and with it comes the potential for legal disputes over unmet expectations and other risks. For example, if a green building certification isn’t achieved, the owner could face financial losses, including the loss of tenants or government incentives. It’s important for owners, designers, and contractors to be aware…
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Ten Tips for Handling Complex Probate
When someone dies, only one person can be the lawyer’s client, and it’s usually the one who can pay the fees and has the authority to handle the legal matters. It’s important to figure out who the client is before any meetings or discussions. In some states, the lawyer represents the person in charge of…
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The Loss of Homestead Through Rental
Recently, there have been conflicts between property appraisers and homeowners over the right to rent out their homesteaded properties. Property appraisers have been revoking the homestead exemption for homeowners who rent out their entire homes for long periods of time, saying it means they no longer live there. However, some homeowners who rent out their…
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Tax Consequences of Reducing the Principal and/or Interest of a Note Issued in an Intrafamily Sale by a Grantor Trust
A common way to plan for passing on assets to your family is to put them into a limited partnership and then sell part of that partnership to a special trust. By doing this, you can take advantage of discounts on the value of the partnership interest and pass on more to your family without…
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Virtual Adoption: Not Just for Netizens
Virtual adoption is a legal concept that allows a child who was not legally adopted to still be able to inherit from their virtual adoptive parent’s estate. It’s not about adopting a child through the internet, but rather about recognizing a special relationship between a child and their virtual adoptive parent. Florida didn’t always recognize…
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The Successor Developer Conundrum in Distressed Condominium Projects
The question of whether to become a successor developer in a distressed condominium project is a complex one. There are both advantages and disadvantages to this status. Advantages may include gaining certain rights and control over the condominium association, while disadvantages may include potential liability and loss of control. The ability to control the board…
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Florida Community Association Law: Contracts Clause Application in an Ever-Changing Legislative Landscape
When representing a Florida condominium association, you have to know and follow a lot of laws. This includes the Condominium Act and the Not-For-Profit Corporation Act. You also have to look at the association’s documents like the declaration of condominium, the bylaws, the articles of incorporation, and the rules and regulations. Sometimes, arbitrators from the…
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Termination of Residential Rental Agreements
In Florida, a tenant can be evicted by their landlord if they don’t pay rent. The process starts with the landlord giving the tenant a three-day notice to either pay the rent or leave the property. This notice has to follow specific rules set by the law. If the tenant doesn’t pay or leave, the…
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Shedding Light on Keeping Beneficiaries in the Dark
A trustee has a big responsibility to keep beneficiaries of a trust informed about how the trust is being managed. Florida law says that the trustee has to share their contact information with the beneficiaries, let them know when an irrevocable trust is set up, and give them the opportunity to see the trust document…
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It’s Up in the Air: Air Rights in Modern Development
The Romans came up with the idea that if you own land, you also own the space above it all the way up to the sky. But when airplanes came along, the government had to make some rules so that they could fly safely. Now, the government owns the airspace way up high, but people…
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New Condominium Exemption to the Interstate Land Sales Full Disclosure Act
The Interstate Land Sales Full Disclosure Act (ILSA) has been amended to exempt condominium units from registration, but they still have to follow anti-fraud rules. This is good news for Florida developers, who were facing a lot of lawsuits from buyers. The amendment helps developers avoid the time-consuming and expensive registration process. Previously, developers used…
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Estate Planning: Death Soon After Divorce
During a divorce, it’s common for people to want to change their will and other documents right away. But in Florida, the law already protects divorced people from their ex-spouse inheriting their assets, even if they forget to update their will. However, it’s important to make sure beneficiary forms for things like life insurance and…
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Potential Problems in Condominium Terminations
In 2007, the Florida Bar was asked to make it easier to end condo agreements. They made a proposal to change the law, which was then expanded to include older condos. The new law made it easier to end condo agreements and has helped end many condo projects that weren’t working out. The steps to…
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What Does It Cost for AAA, JAMS, or CPR to Administer an Arbitration Case and How Do the Initial Filings Vary?
In my article for The Florida Bar Journal, I made a mistake in calculating the filing fees for American Arbitration Association (AAA) cases. I apologize for any confusion this may have caused. The correct fees for a $20 million claim and $5 million counterclaim should be $19,800 and $31,250, respectively. I also want to mention…
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Adrift in the Amendments Sea: Florida Courts Struggle for Logic and Consistency, Part II
Holiday Pines Property Owners Association, Inc. v. Wetherington was a court case that dealt with changing subdivision rules. The court said that any changes to the rules had to be reasonable and not completely change the original plan for the neighborhood. They didn’t agree with a change that forced everyone to join a homeowners’ association…
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Adrift in the Amendments Sea: Florida Courts Struggle for Logic and Consistency, Part I
It’s common for subdivision restrictions to be changed, and usually, no one minds. But sometimes, the changes are so unpopular that some people want to go to court to get them undone. In Florida, the courts have different rules for deciding if a change to subdivision restrictions is okay, but they generally want the change…
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Bacardi: The Hangover
In 2012, a Florida Bar Journal article called “Bacardi on the Rocks” talked about how former spouses of people who have trusts in Florida could still access the trust’s assets, even if the trust was meant to protect the beneficiary’s inheritance. This means that even if a trust is set up to protect a child’s…
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Understanding the Limits of and Exceptions to Intent
In Florida, a person’s intentions control their will or trust. But there are some exceptions, making it tricky for lawyers to figure out what someone really wanted. The most common limitation on a trusteeâs power is the restriction placed on them by the trust document. This can be misunderstood because of the specific language used.…
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Tort and Contract Actions: Strange Bedfellows No More in the Wake of Tiara Condominium
Summary: A legal firm and lawyer are helping a big company deal with a lawsuit from an employee who got hurt on the job. The lawyer is trying to show that the company wasn’t at fault for the accident. The economic loss rule is a legal doctrine that limits when someone can sue for damages…
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Morey v. Everbank: Three Drafting Tips to Avoid a Troubling Decision
In the Morey case, a court decided that life insurance money was not protected from the insured person’s debts, even though Florida law usually protects it. This is important for trusts and estates because it affects how people’s money is handled after they die. Carlton Morey set up a trust to pay for his last…
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Landlord Protection Against Construction Liens Arising from Work Performed by Tenants
“Too Long; Didn’t Read: A legal firm and attorney helped a company settle a lawsuit over a faulty product, and the company had to pay the customers impacted by the product. The legal firm did a good job and the company learned its lesson about product quality.” Under Florida construction lien law, both landlords and…