Posts by Gelfand & Arpe
INSURER IS LIABLE FOR REPAIR COSTS EVEN WHEN A REPAIR CONTRACT CAN BE CANCELLED AT ANY TIME
It is not unheard of for a building in South Florida to sustain water damage from a leaking pipe in the wall. It can be quite costly to repair the damage because not only do you have to rip open the wall but then the pipe will have to be fixed. Will your insurer pay…
Read MoreFines: No Notice-No Money!
Fining has always seemed so easy, especially for those on the receiving end – when seen through the flashing blue lights in the rear-view mirror! Not so easy for Florida community associations restrained by the Florida legislature after years, actually decades, of fears and complaints by residents fearful of association powers. In sullen response, why…
Read MoreJune 2022
GET WHAT YOU CAN: FLORIDA LEGISLATURE ENACTS A FRACTION OF THE SURFSIDE TASKFORCE RECOMMENDATIONS IN QUADRUPLE OVERTIME A billion dollar settlement fund, appearance of major news network reporters, and the first year anniversary of Surfside’s Champlain Towers South Condominium’s collapse may have finally pushed the Florida Legislature and Governor to act. After failing to move…
Read MoreDecember 2021
INSURANCE CLAIMS: POLICY REQUIRES DOCUMENTATION DELIVERY BEFORE APPRAISAL OF LOSS It never was “if.” It is when! Living in Florida, we have observed that hurricanes are more and more frequent. Not always making landfall, but dangerous in their approach. On the heal of these storms, whether we are in a hurricane’s “cone of death” or…
Read MoreMissing Evidence?
MISSING EVIDENCE? YOU MAY BE TO BLAME IF YOU DESTROYED OR EVEN IF MERELY LOST! When a lawsuit is filed, evidence to prove a point is frequently sought. What happens when a party to the lawsuit destroyed or lost the evidence? If the evidence is critical for the other side proving its case, then…
Read MoreAugust 2021
“TOO BUSY TO READ MY EMAIL” ARGUMENT REJECTED BY COURT IN LAWSUIT Inundated with emails? Emails from friends, from work and from vast unknown unsolicited sources. Yes, times have changed. No more is there the one delivery in late morning or afternoon, looking at the return addresses on paper envelopes, sorting into stacks of read,…
Read More2021 Legislative Session
THE 2021 LEGISLATIVE SESSION It is still too early to determine which community association bills will be adopted by the Florida Legislature and, of course, which may be vetoed by the Governor. Though we are a month into the 2021 Legislative Session significant new proposals are making their way into bills, and provisions that were…
Read MoreDOES IT MATTER WHAT PHASE IT IS? COMMUNITIES RESPONDING AS ADULTS, NOT ADOLESCENTS!
Floridians brace for a potential autumn resurgence of COVID-19. “Snowbirds” reevaluate whether it is safe to return to Florida. In the midst of all this directors and managers seem to be caught in a vortex trying to meet their duties, generally to the public and more specifically to owners and residents. The current proliferation of…
Read MorePunitive Damages
PUNITIVE DAMAGES: PUNISHMENT FOR MANAGEMENT LANDSCAPING CONDUCT? Can a manager subject a Florida community association to punitive damages? Over landscaping?? For $15 million??? Because an association normally is a corporation, the purpose of punitive damages, to punish, is not always clear cut, and thankfully, few and far between. But, bad things do happen! Because there…
Read MoreSuspension and Termination
New Decision: Suspension and Termination (Voluntary Association) (The Naked Lady Ranch v. Wycoki) Never argue with a naked lady? Lady Godiva may be recalled by the appellant’s name, but punishment for a perceived transgression was a serious issue in Wednesday’s decision, Naked Lady Ranch, Inc. v. Wycoki, Case No. 4D18-2868 (Fla. 4th DCA November 20,…
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