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|Florida’s Land and Water Legacy Proposed Constitutional Amendment|
Maribel N. Nicholson-Choice; Greenberg Traurig, LLP;
November 28, 2014, previously published on October 24, 2014Florida’s Water and Land Legacy was founded in July 2012 by approximately thirteen environmental groups, including 1000 Friends of Florida, the Sierra Club and Audubon Florida, who with the support primarily of other environmental groups, citizens and civic organizations gathered sufficient...
|Don't Fall Into the Net...Contribution Clause|
Paul Brecknell, Julie Teal; Withers Bergman LLP;
November 28, 2014, previously published on November 13, 2014If you are appointing an architect or any other consultant to undertake services, and...(also happen to be a banker (or are just savvy),) you will need to watch out for a Net Contribution Clause (NCC) in the consultant's appointment. If you sign up to an unamended 'industry standard' consultant...
|Foreclosure Without Closure: Sixth Circuit Analyzes Claims Asserted by Borrower Following State Court Foreclosure Proceedings|
Patricia J. Scott; Foster, Swift, Collins & Smith, P.C.;
November 28, 2014, previously published on November 5, 2014The financial and housing crisis that began in 2008 led to a huge wave of foreclosures and foreclosure-related litigation. While foreclosure is rooted in state law, the initiation of a foreclosure proceeding by a lender often leads to federal bankruptcy proceedings initiated by a borrower, giving...
|Solar PV: Key Points for Landowners|
Paul Brecknell, Bertie Hoskyns-Abrahall; Withers Bergman LLP;
November 28, 2014, previously published on November 13, 2014Since its initial boom in 2011, and despite subsequent issues with subsidies in the years that followed, solar panel electricity generation technology (known as solar photovoltaics (or 'PV')), continues to be one of the UK's most important renewable energy sources. With prices of solar panels...
|Immigration Act 2014 - Compliance by Private Landlords|
Paul Brecknell, Henry Stuart; Withers Bergman LLP;
November 28, 2014, previously published on November 13, 2014The Immigration Bill received Royal Assent on 14 May 2014 and the provisions relating to letting of private property are gradually being introduced. From 1 December this year private landlords will be required to check the immigration status of tenants both before they rent, and on an ongoing...
|2015 Real Estate Tax Abatement Process|
David Barry Connolly, Thomas W. Madonna, John H. Sokul, Lisa A. Zaccardelli; Hinckley, Allen & Snyder LLP;
November 28, 2014, previously published on October 28, 2014With November almost upon us, now is an ideal time for property owners to review their real estate tax assessments to determine if a tax abatement or appeal is warranted. Hinckley Allen has successfully handled numerous tax abatements and tax appeals in Connecticut, Massachusetts, New Hampshire,...
Paul Brecknell, Graham Elliott; Withers Bergman LLP;
November 28, 2014, previously published on November 13, 2014There is a well-known principle in drafting sale or lease contracts that prices are quoted net of VAT, but the contract specifically reserves that the Seller or Lessor can add VAT if appropriate. The reason for this is the fact that any contract that fails to mention that VAT may be added purports...
|Does Your Condominium, Cooperative or HOA Board Know If and When it is Appropriate to Grant a Hardship Exemption?|
Becker Poliakoff P.A.;
November 22, 2014, previously published on October 5, 2014I am often asked by boards for whom I am rewriting or amending governing documents to include the right to grant hardship exemptions for a variety of use restrictions. Typically, boards want the leeway to grant exceptions when it comes to leasing or selling units, altering units or limited common...
|What Access Should A Board Member Have To Official Records?|
Elizabeth "Beth" A. Lanham-Patrie; Becker Poliakoff P.A.;
November 22, 2014, previously published on October 9, 2014Two attorneys with our law firm recently had the pleasure of presenting at the September 26th Florida Community Association Journal Expo a class entitled Covering Your Assets: Avoiding Board Member Liability. One of the questions that came up at that presentation was whether a Manager had to give a...
|Amendments To HOA Governing Documents Can Be Complete Restatement|
Joseph E. Adams; Becker & Poliakoff, P.A.;
November 22, 2014, previously published on October 14, 2014Question: The board of directors of my homeowners’ association recently sent out proposed amendments to our declaration of covenants and restrictions. The amendment we are being asked to vote on includes the new language the board wants to add but does not call out the changes by underlining...