January, 2017

Make a Resolution to Create or Review your Estate Plan

January 24th, 2017

Posted in Estate & Personal Planning

Often, people explain that they do not have enough assets to need an estate plan.  However, regardless of the value of assets you have, reviewing your personal financial plan from a legal and estate plan perspective is highly recommended.  In fact, even those who have substantial debt may be able to pass assets on to beneficiaries.  Everyone can benefit from creating and reviewing an estate plan including the elderly, married couples, parents with minor children and singles.
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Condominium and Homeowners’ Association Acts do not Always Trump a Community Association’s Governing Documents

January 6th, 2017

Posted in Condominium & Homeowner Association Law

A common question we receive from community association board members and managers is whether pertinent provisions of the governing documents or Florida Statutes control when a conflict exists between them.  Understandably, a layperson’s initial reaction might be, “the law is the law, so it obviously trumps any contrary provisions in the governing documents, right?”  The short answer is “no” because Article I, Section 10 of the United States and Florida Constitutions generally prohibit States from passing laws that impair contracts.  A recent case illustrates the importance of understanding that the Florida Statutes will not necessarily control over conflicting provisions of a community association’s governing documents.
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