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BUYER BEWARE: ONEROUS GENERAL CONDITIONS MANY ENGINEERS ARE ATTACHING TO THEIR AGREEMENTS, AND NOT WARNING YOU ABOUT
Alan E. Tannenbaum
News
Florida engineering firms servicing condos, and connected townhome and duplex buildings under HOA control, before the tragic Surfside condo collapse were already paying very high premiums for professional liability insurance. Plus, the per claim deductibles under these policies were very high, sometimes up to $100,000 per claim. After the Surfside ...
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Delayed HOA Turnovers -  Can the Lot Owners Force Turnover?
Alan E. Tannenbaum
News
Florida has a strong, comprehensive Condo Act (Chap. 718). It has a weak HOA Act (Chap. 720). It is apparent that developers in Florida kicked themselves for having allowed a consumer-friendly Condo Act to have been passed in the early 1970's by The Florida Legislature and vowed never to allow it to happen for deed-restricted HOA communities. The r...
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Pandemic Supply-Chain Problems Shine Spotlight on Force Majeure Clauses in Major Repair Contracts
Jon Lemole
News
Many Americans are by now familiar with the shortage of consumer goods resulting from the Covid-19 pandemic.Condominium and homeowners' associations have also been faced with supply disruptions affecting planned or on-going major repair projects.Many a community association is being asked by its contractors to accept both delays and price increases...
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CONNECTED TOWNHOMES ADMINISTERED BY FLORIDA HOAs
Alan E. Tannenbaum
News
ARGUMENT FOR AMENDING THE CCRs EARLY ON TO MAXIMIZE THE HOA's MAINTENANCE, REPAIR, AND CLAIM AUTHORITY For decades after condos were first developed in Florida in the '60s, developers desiring to build and sell connected townhomes (duplexes, triplexes, quadruplexes, etc) declared the buildings to condominium. Under the condominium regime, typically...
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Miami's condo industry is scrambling after the Surfside collapse
Michelle Colburn
News
Alan Tannenbaum, a board-certified construction lawyer, told Insider more than 400 attendees recently showed up to an educational Zoom session held by his firm on the topic of aging condominiums. He said he viewed it as "an awakening" of what condo boards' responsibilities are to the unit owners. "The [condo] boards are very concerned about their l...
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Aging Condo Buildings – Repair or Abandon
Michelle Colburn
News
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 m...
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The laws every Florida condo owner needs to know
Alan E. Tannenbaum
News
"There are many statutes and regulations surrounding condominium ownership in the state of Florida. Often, you're at the mercy of your association." Click below to watch the video.
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Why do we need a construction defects’ lawyer to negotiate our defect claims against the developer? Why can’t the Board negotiate on its own?
Alan E. Tannenbaum
News
The Board can negotiate on its own, but it may not be wise. Here's why: Preservation of Warranties: For condos, steps should be taken to preserve statutory warranties, which are limited in time. A construction defects' lawyer would be attuned to these and act to preserve the warranties while negotiations proceeded. A condo board acting alone could ...
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My Building Might Be Defective – What’s Next?
Jon Lemole
News
 Controlling The Compensation Game With Three Decisive Plays We are fortunate to live in a world where our vehicles are equipped with a "check engine" light to alert us to impending problems with our cars. Wouldn't it be wonderful if buildings came with the same type of warning system? Unfortunately, the first hint of a design or construction ...