This year’s extensive condominium bill CS/CS/CS/HB 1021 (“HB 1021”) containing amendments to the Condominium Act created a new Section 718.407 entitled “Condominiums created within a portion of a building or within a multiple...more
The Florida Legislature passed numerous bills primarily affecting real estate in the 2023 session. Most notably may be SB 15, the so-called SB 4-D Glitch Bill that deals with inspections and reserves for condominiums. This...more
On June 24, 2021, we witnessed one of the most disturbing events in recent memory. A residential condominium building in Surfside partially collapsed overnight leaving 98 people dead and the surviving residents without a...more
10/19/2022
/ Accident Scene ,
Condominium Act ,
Condominiums ,
Construction Defects ,
Florida ,
Infrastructure ,
Proposed Legislation ,
Real Estate Development ,
Real Estate Market ,
Regulatory Agenda ,
Safety Inspections ,
Safety Standards
On May 26, 2022 — nearly a year after the partial collapse of Champlain Towers South—Florida enacted new legislation to address safety concerns for condominiums and cooperative buildings with the passage of Senate Bill 4-D....more
The tragic collapse of the Champlain Tower South Condominium brought a renewed sense of urgency to older condominiums facing a difficult dilemma: spend significantly on restoration, or accept the risks involved with living in...more
Section 718.202 of the Florida Condominium Act sought to address the extent that condominium developers could apply contract deposits to pay costs involved in construction of a project. This Section of the Condominium Act...more
The National Defense Authorization Act for 2021 enacted on January 1, 2021 contains Title LXI, the Corporate Transparency Act (“Act”). It institutes new reporting requirements for legal entities with few employees and limited...more
The National Defense Authorization Act for 2021 enacted on January 1, 2021 contains Title LXI, the Corporate Transparency Act (“Act”). It institutes new reporting requirements for legal entities with few employees and limited...more
1/29/2021
/ Anti-Money Laundering ,
Beneficial Owner ,
Corporate Transparency Act ,
Financial Crimes ,
FinCEN ,
Geographic Targeting Order ,
National Security ,
NDAA ,
New Legislation ,
Reporting Requirements ,
Shell Corporations
The National Defense Authorization Act for 2021 was enacted on January 1, 2021. While this Bill appears to apply only to the Defense Department, Division F deals with money laundering and contains Title LXI, the Corporate...more
A recent decision by the Third District Court of Appeals has engendered uncertainty about the manner of creating mixed used developments containing a residential condominium component in Florida....more
Remedies for defaults under loans secured by real property varies on a state-by-state basis. In the eastern part of the country, enforcement is mostly by mortgage foreclosure. In the western states, there are enforcement...more
Over the last few years, certain nontraditional lenders and a few banks have asked for a pledge of the ownership interest in borrowers as additional security to their mortgage on the property....more
COVID-19 has posed new challenges for community living. Condominiums, HOAs, and Cooperatives are confronting how to prevent the spread of the virus within their communities. ...more
Sitting in your office, basking in the sense of accomplishment, perhaps hugging a beer or a glass of pinot noir, you have finished the All Brands USA lease for 50,000 square feet at Mallchester Mall after six months of...more
For many years we have sought to address the problems faced by mixed-use developments where different uses in a single structure are carved up into separate fee simple parcels. ...more
The condominium concept in the United States is now over 55 years of age. Many of the early condominium projects are old and in need of rehabilitation or cannot economically be rehabilitated and are candidates for demolition...more
El estado de Florida aplicó un impuesto a las ventas sobre la renta comercial desde 1969. En la actualidad, el impuesto tiene una tasa del 6 por ciento en cada condado, excepto en Miami-Dade, que fija una tasa del 7 por...more
Once again, after a one-year hiatus, the Florida Legislature has produced several condominium bills. Typically, the Legislature passes a single condominium bill into which other approved bills have been...more
6/2/2017
/ Arbitration ,
Assessment ,
Board of Directors ,
Condominiums ,
Conflicts of Interest ,
Estoppel Certificates ,
Financial Reporting ,
Fire Sprinkler Requirements ,
Florida ,
Fraud ,
Kickbacks ,
Legislative Agendas ,
Proposed Legislation ,
Term Limits ,
Voting Rights
The State of Florida has imposed a sales tax on commercial rents since 1969. Currently, the tax is imposed at the rate of 6 percent in every county except Miami-Dade which fixes the rate at 7 percent by reason of an add-on...more
Responding to perceived abuses in condominium terminations, the 2015 Florida Legislature passed Chapter 2015-175, amending the termination provisions of the Condominium Act. This statute clears up certain problems experienced...more
The Distressed Condominium Relief Act enacted as Part VII of the Condominium Act in 2010 (“Act”) was a temporary measure to encourage absorption of unsold condominium units arising as a result of the Great Recession. This...more
6/17/2015
/ Condominium Act ,
Condominiums ,
Construction Defects ,
Construction Industry ,
Distressed Properties ,
Florida ,
Foreclosure ,
Lenders ,
Miami ,
Mortgages ,
Real Estate Market ,
Residential Real Estate Market ,
Sunset Provisions
In an uncharacteristic bipartisan style, the House of Representatives of the U.S. Congress passed H.R. 2600 on September 26, 2013, and almost a year later, on September 19, 2014, the Senate followed by enacting S.2101....more
Last week Governor Rick Scott signed into law SB 440, which became Chapter 2014-14 of Florida Laws. This bill removes the requirements imposed on residential condominiums under the Florida Condominium Act regarding elections...more
An extension of the Distressed Condominium Relief Act has been approved by the legislature and is under review by Governor Rick Scott. Many were worried that the sunset of the Distressed Condominium Relief Act would prevent...more
Most provisions in the Florida Condominium Act (Chapter 718 of Florida Statutes) apply equally to residential and commercial condominiums. But anyone attempting to draft operating procedures for commercial condominiums can be...more