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March 2018 Archives

Lessons on construction defects from the Miami bridge collapse

In this day and age, catastrophic structural collapses are rare in the developed world. Yet they do still happen, as last month's fatal bridge collapse in Miami so vividly illustrated. And structural defects in all kinds of construction occur on a much broader scale, costing property owners significant sums of money to remedy.

Florida court ruling sheds light on insurance involvement in Chapter 558 construction defect process

For property owners facing the headache of construction defects, Florida law establishes an early opportunity to resolve the dispute. Instead of going straight to court, owners must first provide the contractor (or other responsible parties) with written notice of the defects and damages, and give them an opportunity to perform repairs.

Condo association loses legal battle

In April 2013, Williams Island Property Owners Association filed a lawsuit against the city of Aventura, Florida, Gary Cohen and Prive Developers LLC, which is a partnership between BH3 and Cohen. The lawsuit was to halt any new development on a two-tower condominium (The Privé at Island Estates) in Aventura.

What should condo associations look for in a turnover inspection report?

Turnover is a major milestone in the life of Florida condominium communities. At this critical juncture, the baton is passed from the developer to the unit owners. The condo owners' association (COA) takes responsibility for the governance, maintenance, repair and other components of the community.

Where can homeowners' associations ban smoking?

For many nonsmokers, the smell of cigarette smoke, even from a distance, can be highly unpleasant and even nauseating. For those with respiratory ailments, it can be particularly problematic. Many homeowners' associations (HOAs) for condominiums and townhomes where residents live in close proximity to one another face complaints from residents about neighbors' smoking. However, to what degree can HOAs regulate it?

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