Do I have a good case? It depends. Is the law on your side? Does the other side have strong defenses? Is there a basis to collect attorney’s fees if you win? Is the amount in controversy worth the risk? Would a judgment be collectable? What can I do if I choose to proceed to improve my chances of winning? What things should I avoid doing which would weaken my case? These questions and more will be explored in this look into the science of litigation assessment.

What triggers turnover for Florida condo associations and HOAs? Learn what the meeting procedures are to elect an owner-controlled board once turnover is triggered. This course details the many developer obligations in preparation for turnover. Once the Board is elected, what issues stemming from the period of developer control should be scrutinized? Learn that time is not on the new Board’s side when it comes to resolving transition issues.

This course expands upon the 1-hour course. Associations and managers faced with turnover or major repair expenses resulting in defects in construction need guidance and protection. A great expert can be an Association’s greatest asset in assuring proper repair and recovery against developers, contractors, insurers and other potentially liable parties. Proceeding without can be costly. Learn how to work with and direct the Board on selecting an appropriate expert and managing through this phase.

Courts will not question a board’s business judgment under most circumstances, but there are limitations. Find out what the limits are to the “business judgment rule” and what decisions of a board are going to be subject to being sanctioned no matter how well-intentioned.

You never know when a dispute will blossom into a full-fledged legal battle. When it does, it is often challenging to recreate the record to support a winning position in court. Learn in this course basic rules of evidence and what practices are best to put in place to support a clean record If and when a dispute erupts at one of your communities.

Learn the proper approach to major maintenance and repair projects to increase the chances of project success. Topics covered include choosing the right design professional and contractor for your job, conducting a proper investigation to assure an adequate scope of repairs, pre-startup condition documentation, essential contract terms, draw schedule leverage, clear plans and specifications, documenting the ongoing work and effective project closeout.

Florida developers originally developed duplexes and connected townhomes as condominiums. In the last couple of decades, developers came up with the concept of placing these connected residences under an HOA regime. Many HOA communities are now comprised of duplexes and connected townhomes comprising all or a portion of the buildings within the community. Absent a state statute requiring that the maintenance and repair of the common components of these type of buildings be handled in any particular fashion, developer lawyers have drafted HOA documents with widely disparate lines of demarcation between HOA maintenance and repair responsibility and owner maintenance and repair responsibility. Havoc has ensued. This CEU will explore all of the issues arising from connected residences having been placed with HOA communities.

What the keys to improving your chances for a successful reroofing project? It starts with fully investigating existing conditions, then designing a cure that is on target. What role should an engineer or consultant serve in this process? Then there is the contract. Is the draw schedule realistic? What about manufacturer’s warranties. Will the building be left free from liens? What about permitting? What work is a roofing contractor licensed to perform? How will the work be inspected and performed? How will you assure that the manufacturer’s warranty is issued? These questions and more will be addressed in this course.

Condo and homeowner associations fresh from turnover, or associations with buildings and improvements less than ten years old with latent defects (the outside date a developer is exposed to liability for construction defects), often are confronted with construction defects or financial deficits which they desire to hold the developer, its design professionals and its contractors, accountable for.  Associations administering properties of all ages undertaking major repairs are sometimes confronted with claims from the repair contractor for extras, or have claims against the contractor for delay, damage or defective work.  Negotiations then ensue for resolving the claims.  This course outlines best practices for improving the chances for the successful negotiation of claims, with the intent to avoid litigation if possible, while also highlighting pitfalls to avoid.

Even if expensive, by statute necessary repairs cannot be avoided for aging condominium buildings. Allowing the buildings to deteriorate could constitute a material alteration for which a unit owner could take issue. Termination is a cumbersome process, but should it be considered for aging condo properties? Does repairing the buildings no longer make economic sense? Learn what alternatives associations have when faced with aging buildings…Repair or Abandon?

Do I have a good case? It depends. Is the law on your side? Does the other side have strong defenses? Is there a basis to collect attorney’s fees if you win? Is the amount in controversy worth the risk? Would a judgment be collectable? What can I do if I choose to proceed to improve my chances of winning? What things should I avoid doing which would weaken my case? These questions and more will be explored in this look into the science of litigation assessment.

You’ve received notice that the developer intends to turn over control of the association. What is supposed to occur at the turnover meeting? What documents are required to be provided to the new owner-controlled Board? What issues post-transition should the new Board be attending to?

Associations and managers faced with major repair expenses resulting in defects in construction need guidance and protection. It is important to understand what to repair; how to repair it; and how to protect the Association’s right to recover its costs and damages. A great expert can be an Association’s greatest asset in assuring proper repair and recovery against insurers and potentially liable parties. Learn how to work with and direct the Board on selecting an appropriate expert for the situation.

Learn key rules of evidence impacting potential community disputes. Learn how to timely and accurately document incidents. Consider practices and procedures which will help your lawyer prove their case come to trial.

How much weight does the “business judgment rule” carry in the face of mandatory maintenance and repair obligations under statute and community documents? When a repair also represents a material alteration, when is the Board authorized to act without securing a vote of the membership? Learn how Florida courts have navigated these potential areas of conflict and how to protect the association from exposure in undertaking maintenance and repair.

Community associations, as owners, have substantial leverage for dictating favorable contract terms in repair contracts. Too often, however, they allow the contractors and design professionals to choose the contract form used, which forms tend not to be fully owner friendly. This course highlights the key features favorable to owners which should be negotiated into repair contracts to increase the chances that the project will be completed on time, within budget and with a minimum of flaws.

Boards and CAMS expect that engineers preparing the plans and specifications for major repair projects are going to be properly insured for their professional liability, and will, as well-paid professionals, stand behind their work.  Unfortunately, the Surfside condo collapse spooked design professional liability carriers who, in turn, raised the premiums and deductibles on such policies.  At the same time, to reduce their risk and the premiums charged, they induced the engineers to insert limiting clauses in the general conditions attached to the engineer’s proposals.  Learn what these limited clauses are, how they negatively impact associations, and what can be done to even the playing field between associations and the design professional liability insurers.