HD Law Partners Blog

Recently, one of the largest home builders in the nation lost a $16.3 million judgment to a condo association after the judge found that it had engaged in deceptive practices, leaving the association in poor financial condition.

The company—D.R. Horton—started developing the association—Majorca Isles Master Association in Miami Gardens—back in 2005, but decided to stop building when the recession hit. Because of this, many of the condo owners stopped paying their fees, resulting in a deficit for the association. In response, the directors appointed by Horton diverted funds to pay the expenses of the associations, breaching their fiduciary duty to the association, and ultimately shifting the economic loss of the company to the homeowners themselves by cutting services and amenities.

When Horton turned over management of all the associations to the homeowners in 2011, they had gaping holes in funding, leading to a Chapter 11 bankruptcy reorganization filing. The company also failed to keep detailed financial records and mischaracterized the income, recording unpaid assessments fraudulently as assets in order to give off the false appearance that the association was solvent, even though it was not.

Although the state of Florida has abolished the concept of fault when individuals file for divorce, that doesn’t make the process of obtaining a divorce any simpler, nor does it completely eliminate the impact that an individual’s behavior during marriage has when it comes to important decisions that come out of divorce, such as property distribution, alimony, timesharing, and related issues.

In addition, many would be surprised to find out that adultery (or, rather, “living in open adultery”) is still considered to be a crime in the state of Florida, thus, it’s fair to say that behavior during marriage–regardless of what’s listed in state statute as technical grounds for dissolution–can have its effects.

The No-Fault Divorce Law in Florida

Florida being a no-fault divorce state, which means parties can dissolve their marriage by indicating that the marriage is “irretrievably broken.” When either spouse files, they must simply prove that they have been married and at least one has been a Florida resident for at least six months immediately preceding the filing date.

A new survey conducted by PolicyGenius reveals that while many Americans may believe that they understand their insurance policies, in fact, they do not, resulting in the mistaken belief that they are often the victims of bad faith insurance decisions. Unfortunately, this mistake could end up costing policyholders a fortune: Not only did the survey find that only four percent of policyholders were able to correctly define the terms that correlate their co-pays, but most individuals did not understand the basics when it comes to co-pays, deductibles, and out-of-pocket maximums, even though they were overly-confident of their understanding.

Unfortunately, not only are consumers overconfident about their own out-of-pocket costs, many aren’t confident at all when it comes to selecting the right insurance plan for their needs. This results in policyholders not only being at risk of choosing the wrong insurance plan, but also misunderstanding their exposure to charges when they receive treatment.

Anyone who’s lived in Florida knows that we go through a “state of emergency” from time to time, either due to heavy rains, tropical storms, hurricanes, or other natural disasters. When there are events which give rise to property damage, this will inevitably lead to insurance disputes, as upkeep and welfare issues arise with respect to all of the various types of damage these disasters can bring.

With the number of condominiums and homeowners associations on the rise in the Sunshine State, inevitably, questions come up concerning whose responsibility it is to ensure that property and people are protected when these disasters occur. In that respect, it can be helpful for association boards to make it clear to residents, beforehand, what their responsibilities are with respect to their authority under the law.

The Law in Florida

Homeowners and condominium associations are provided with a certain amount of powers and protections under Florida laws. For example, under the Florida Condominium Act, the board of administration—in response to damage caused by an event for which a state of emergency is declared—may partake in activities necessary to protect the health, safety, and welfare of the association and mitigate any further damage, such as conduct board meetings, name assistant officers, enter into agreements with local counties and municipalities and/or contracts for items or services, implement a disaster plan, require evacuation, and engage in other necessary activities to protect the property and its residents.

Florida is no stranger to hurricanes and storms, especially during the months of September and October. Unsurprisingly, Florida is also the third most expensive state for homeowners’ insurance coverage. According to Insurance.com, Florida’s average home insurance rate is nearly $1,338 higher than the national average.

Just because your homeowners’ insurance policy covers damages caused by a hurricane does not necessarily mean that your hurricane insurance claim will be successful. Since many homeowners do not understand how to navigate the insurance claims process and may deal with bad faith insurance practices, some of their mistakes may hurt their insurance claim.

5 Things Florida Homeowners Should Avoid When Filing a Hurricane Insurance Claim

There are certain things you, as a homeowner, should avoid in order to protect your legal rights and obtain the reimbursement you deserve as a homeowner whose property has been damaged or destroyed by a hurricane.

Florida has some busy roads, and we have a lot of car accidents here in Bradenton, FL. Understanding how auto liability works is important to protecting your rights, and you should talk to an auto liability lawyer quickly if you’ve been in an accident.

Florida has a no-fault insurance system. All drivers in Florida are required to carry personal injury protection insurance, or PIP. The law requires that this insurance cover 80% of your medical expenses, 60% of your lost wages, and provide $5,000 in death benefits to your beneficiaries if an accident should be fatal. PIP is supposed to cover drivers no matter who is responsible for an accident.This rule means that there are fewer liability claims in Florida, particularly with small accidents, but it does not do away with liability completely. When someone is responsible for an accident and there is property damage (which isn’t covered by PIP), the responsible person can be held liable. Their property damage liability (PDL) coverage would kick in at this point. This is also a requirement in Florida, and all drivers need to have at least $10,000 of PDL coverage.Bodily Injury Liability (BIL) coverage, however, is optional for most. BIL coverage provides liability coverage for causing injury to another person that exceeds what PIP can cover. That’s because ,when injuries are bad enough, victims in Florida are allowed to “step out” of the no-fault system and bring a liability claim against the at-fault driver.