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|If you are omitting works or amending your contract, watch out!|
Paul Brecknell; Withers Bergman LLP;
March 4, 2015, previously published on February 25, 2015You want to undertake works and you appoint a contractor. You then change your mind, and decide to omit some of the works or amend the contract. You will need to consider whether this has an impact on other contractual provisions. In a recent case, the court has ruled that a commercially agreed...
|A New Case Interprets First Mortgagee’s Safe Harbor for Past Due Condominium Assessments|
Douglas L. Waldorf; Rogers Towers, P.A.;
March 3, 2015, previously published on February 3, 2015Florida Statute § 718.116(1)(b) limits a foreclosing first mortgagee’s liability for past due condominium assessments by providing that liability will be the lesser of twelve months of past due assessments or one percent of the original mortgage provided the association is named as a...
|Foreclosure Sales in Florida’s Federal Courts|
Scott Jonathan Kennelly, Janet C. (Jacy) Owens; Rogers Towers, P.A.;
March 3, 2015, previously published on February 10, 2015Although typically foreclosure actions are brought in state court, lenders may occasionally find themselves pursuing foreclosure in federal court. Although the costs and procedures for conducting the foreclosure sale are basically consistent across Florida state courts, procedures for foreclosure...
|Smith v. Home Loan Funding|
Law Office of Jeff A. Mann;
March 3, 2015, previously published on February 25, 2011Smith v. Home Loan Funding, Inc.
|Email Intelligence-does your Board Possess It?|
Donna DiMaggio Berger; Becker Poliakoff P.A.;
March 2, 2015, previously published on February 3, 2015In my last blog entry, I discussed the considerable downside to sending a resignation via email. Today, I am discussing the pros and cons of board members and managers using email for other purposes and how to craft a sound email policy for your association.
|It's That Time Again: Real Property Tax|
Karrie A. Zeits; Smith Haughey Rice & Roegge, P.C.;
February 27, 2015It is that time again. You should be seeing notices of assessment from your local assessor for your real property in the mail very soon, if you have not already received them. There are several items on your tax assessment notice of which you should be aware of in order to ensure they are correct...
|New Housing Law and Real Estate Business Law for Vietnam|
Hoang Anh Nguyen, Nguyet Thi Nguyen; Mayer Brown JSM Vietnam Limited;
February 27, 2015, previously published on December 22, 2014On 25 November 2014, the National Assembly passed the Housing Law and the Law on Real Estate Business. The passage of these two laws regarded as a long-awaited legislative breakthrough that establishes a transparent legal framework to meet the changing needs of Vietnam’s real estate market....
|California Senate Bill 474: Changing the Scope of Indemnities in California Construction Contracts|
Garrett DeFrenza Stiepel Ryder LLP;
February 26, 2015, previously published by Garrett DeFrenza Stiepel Ryder LLP on February 2013California recently joined a number of other states by enacting legislation limiting the permissible scope of indemnities in commercial construction contracts. California Senate Bill 474, which was signed into law by Governor Brown on October 9, 2011, makes unenforceable certain indemnity...
|California’s New Limited Liability Company Act Impacts LLCs, Old and New|
Margaret S. Ng; Garrett DeFrenza Stiepel Ryder LLP;
February 26, 2015, previously published on December 2013On January 1, 2014, a new limited liability company act becomes law in California. The new act, the California Revised Uniform Limited Liability Act (the “new law”), replaces the current law known as the Beverly-Killea Act (the “prior law”). While the new law leaves most of...
|Vacant and Abandoned: Can Creditors Discard Personal Property Following a Foreclosure in Ohio?|
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
February 26, 2015, previously published on January 27, 2015Personal property is often left by the prior owner or a tenant following a foreclosure. Sometimes it is difficult to determine whether the personal property has been abandoned. I am often asked what must be done with the personal property left behind once the creditor takes possession of an...