On December 3, 2024, ruling by the U.S. District Court for the Eastern District of Texas granted a preliminary injunction that applies nationwide for all beneficial ownership interest (BOI) reports.1 What initially appeared to be a straightforward implementation of the Corporate Transparency Act (CTA) has transformed into a complex legal and regulatory challenge that demands
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Navigating HB 1203: Changes Impacting Homeowners’ Associations in Florida
Part II: New Rights and Protections for Homeowners
On July 1, 2024, CS/CS/HB 1203 became effective, which created significant changes impacting homeowners’ associations (“HOA”) in Florida. Those changes include new educational requirements for community association managers and HOA directors, access to certain HOA records, prohibitions against a HOA limiting or placing requirements on the interior…
Navigating HB 1203: New Changes Impacting Homeowners’ Associations in Florida
Part I: New Educational and Regulatory Requirements for HOA Board Members, Community Association Managers, and Homeowners’ Associations
On July 1, 2024, CS/CS/HB 1203 became effective, which created significant changes impacting homeowners’ associations (“HOA”) in Florida. Those changes include new educational requirements for community association managers and HOA directors, access to certain HOA records, prohibitions against…
Navigating HB 59: Homeowners’ Associations Are Now Required to Provide Copies of its Rules & Covenants to Members
On July 1, 2024, HB 59 became effective. This bill created new requirements for Homeowners’ Associations (“HOA”) to provide copies of certain records to members of the HOA, including the HOA’s declaration of covenants, amendments to the declaration of covenants, and the HOA rules. HOAs, as well as Community Association Managers, must ensure that they…
5 Tips for Navigating Corporate Disputes
Navigating corporate disputes can feel like walking through a minefield. One misstep can result in costly and time-consuming legal battles that jeopardize relationships and the business. These five tips below can help you manage corporate disputes effectively without resorting to litigation.
Tip #1: Know Your Governing Documents
Knowledge is power during a corporate dispute. Understanding…
Contesting Construction Lien Claims – Contractor’s Beware of the Notice of Contest of Lien During Litigation
In Florida, persons and entities that perform work on a construction project may be entitled to record a construction lien. Chapter 713 of the Florida Statutes governs the recordation and perfection of construction liens and contains many traps for the unwary. Moreover, Florida courts have consistently ruled that Florida Construction Lien law is to be…
The Whole Truth – Defending Against Claims That a Debtor Failed to Disclose in Bankruptcy Court
The Bankruptcy Code provides debtors with a fresh start or an opportunity to reorganize their debts. In doing so, the Code requires all debtors to provide, under oath, a full disclosure of their assets and liabilities. This requirement promotes fairness to the debtor and its creditors by ensuring a complete and candid disclosure of assets…
Proposed Amendments to the Florida Rules of Civil Procedure: A Brief Guide to Possible Changes in 2025
By Ty Robare
In a significant move aimed at enhancing the efficiency and effectiveness of civil litigation, the Florida Supreme Court has issued two[1] separate[2] per curiam opinions introducing substantial amendments to the Florida Rules of Civil Procedure (the “Rules”). Set to take effect on January 1, 2025, these changes are designed to streamline case management,…
Insurance Costs on the Rise: What Can Community Associations Do?
by A. Hunter Faulkner and Maxwell A. Salain
With a major hurricane making landfall somewhere in Florida on nearly an annual basis over the past several years, Florida’s property insurance market is in turmoil. Many carriers have left the state and those carriers still willing to write policies in the state have drastically increased the…
5 Tips for Drafting Representations and Warranties for M&A Deals
By Joseph Luna
Representations and warranties are more than just legal formalities in business mergers and acquisitions (M&A) and deserve careful attention when drafting and negotiating these terms. Representations and warranties are essentially statements made by each party (most importantly, Sellers) about the general state of affairs, including statements about the party’s financial health, assets, and legal compliance.…