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New Requirements for Residential Landlords

July 18, 2022
Jeffrey R. Margolis

Effective July 1, 2022, landlords of transient or non-transient apartments in Florida are required to perform background checks on all employees and licensees.  Such background checks, which are a condition to employment, are required to be performed by a consumer reporting agency in accordance with the Fair Credit Reporting Act, and must include screening of criminal history records and sexual predator and sexual offender registries of all fifty (50) states and the District of Columbia.  If the background screening of a prospective employee reveals that the prospective employee has been convicted or found guilty of, or entered a plea of nolo contendere, regardless of adjudication, of certain criminal offenses, the landlord may find the prospective employee ineligible for employment.  

Does it Pay to Use Joint Checks in Construction?

June 15, 2022

Using joint checks is an important tool in the construction industry. Joint checks can affect all parties to a construction project. However, joint checks, can create a host of problems. This blog discusses the benefits of joint checks, the legal consequences that can result from joint checks, and how to address potential issues.

Governor Signs New Condominium Legislation Requiring Inspections and Reserves

May 31, 2022
Jeffrey R. Margolis

Senate Bill 4D, which requires regular building inspections and requires condominium associations to maintain reserves, unanimously passed both the Florida House and Florida Senate on May 24th and 25th respectively. Governor DeSantis signed the bill on May 26th.

Client Alert: Biden FY 2023 Budget Plan Extends for Corporate, High-Net-Worth Individuals Tax Hikes

May 9, 2022

On March 28, 2022, the White House released its Fiscal Year 2023 Budget (the “FY23 Budget”), and concurrently, the U.S. Treasury released the General Explanations of the Administration’s Fiscal Year 2023 Revenue Proposals (commonly known as the “Green Book”). 

Bright Outlook for Southeast Multifamily Investment and Development

April 5, 2022
Jeffrey R. Margolis  |  Real Estate, Multifamily, Real Estate Develpment

Despite inflation, rising interest rates, increased construction costs, and supply chain issues, investors, developers, and lenders all agree that the outlook for Southeast multifamily investment and development is bright. The Southeast Multifamily Forum provided the latest market data, analytics, and analysis of the Southeast multifamily market. Data presented at the Southeast Multifamily Forum on the Southeast multifamily real estate market, opportunities, challenges, and trends is highlighted below.

Should AED’s be Installed in Association Facilities?

March 9, 2022
Jeffrey R. Margolis  |  AED, Condominiums Association

An automated external defibrillator (AED) is a portable medical instrument that delivers an electrical impulse to the heart to disrupt and correct an otherwise fatal irregular heartbeat (arrhythmia) and allows a normal rhythm to resume.  AEDs have been credited with saving countless lives by making it possible for non-medical individuals to respond to a medical emergency, leading the question whether AED’s should be installed in community association facilities. 

Client Alert - It's Complicated: Welcome to Wild World of Appraisals

March 8, 2022
Samuel Gilot  |  Insurance Appraisals, Appraisals

In theory, the appraisal process is designed to be a quicker and more cost-effective alternative to litigation in which the insured and the insurance company get down to the crux of most insurance disputes: the amount of loss. When money is involved, things are never so simple. Two recent decisions highlight the continuing appraisal quagmire. 

Supreme Court Stays OSHA “Vaccinate or Test” Emergency Temporary Standard

February 21, 2022
Terron L. Clark  |  Workplace Vaccine Mandates

On January 13, 2022, the United States Supreme Court granted emergency relief to stay the implementation of the Occupational Health and Safety Administration (“OSHA”)’s Emergency Temporary Standard (“ETS”) regarding COVID-19, often referred to as the “vaccine or test” mandate.

E-Mails Are Official Records

February 10, 2022
Condominiums Association

The Division of Florida Condominiums, Timeshares and Mobile Homes (the “Division”) recently considered the question whether e-mail communications regarding association business between and among the board of directors of a condominium association which are sent to and/or from the board member’s personal computers and devices are official records of the condominium association that must be maintained and made available to unit owners.  

U.S. Supreme Court Set to (Finally) Resolve Clean Water Act Uncertainty?

January 31, 2022
Brooke Lewis Humphrey and Sidney C. Bigham, III  |  Infrastructure Bill, Infrastructure Task Force

The U.S. Supreme Court recently agreed to review whether the Ninth Circuit applied the proper test for determining if given wetlands are “waters of the United States” under the Clean Water Act (“CWA”).  The case has broad implications for developers and other private and public property owners in connection with how wetland impacts may be regulated and require approval under the CWA.

New Fannie Mae Requirements for Condominium and Co-Op Projects

January 28, 2022
Jeffrey R. Margolis  |  Condominiums, Condominiums Association

Following the tragic collapse of the Champlain Tower South Condominium and the resulting concerns over buildings with aging infrastructure, Fannie Mae issued new temporary eligibility requirements for loans secured by units in condominiums or co-op projects with five or more units and insured by Fannie Mae (“Loans”). The temporary requirements became effective as of January 1, 2022, and apply to Loans purchased on or after January 1, 2022, and to Loans delivered into MBS pools with issue dates on or after January 1, 2022.

5 Things You Should Know About the Proposed Revisions to Florida's Construction Defect Statute

January 20, 2022
Jeffrey S. Wertman  |  Construction Defects Claims

A new bill making its way through the Florida Legislature, SB 736, if enacted into law, will significantly affect future construction defect claims