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We are all familiar with the Florida constitutional homestead protection against the forced sale of real property. Pursuant to Article X, Section 4, of the Florida Constitution, a natural person can claim a homestead exemption from forced sale on 160 acres of land if located outside a municipality, and one-half acre of land if located
The Federal Fair Housing Act (42 U.S.C Section 3604) (“FHA”) prohibits discrimination against persons with handicaps. The Florida Civil Rights Act contains similar provisions (F.S. Section 760.23). One provision of the FHA prohibits discrimination in connection with the design and construction of dwellings (42 U.S.C. Section 3604(f)(3)(C)). Applicable dwellings must be readily accessible to and
Mr. Rubin was among six Palm Beach County attorneys who were awarded a Silver Lapel Pin in March, 2014 by the Florida Supreme Court for their 2013 pro bono representation of clients who were referred to them by the Legal Aid Society of Palm Beach County. The Florida Supreme Court annually recognizes attorneys who have
What remedies does a unit owner have if the condominium association fails to collect assessments and pay the bills? Perhaps the owner could sue each director for breach for fiduciary duty or sue the association to compel it to comply with its duties under the governing documents and Chapter 718. Another remedy might be the
[Mr. Rubin was recently interviewed by a reporter from the South Florida Sun-Sentinel. The caption of this post is the title of the newspaper article.] By Donna Gehrke-White, Sun Sentinel 5:11 p.m. EST, January 21, 2014 Bankruptcy filings in South Florida have dropped more than a third since they peaked in 2010, according to new
When a person buys a new home, the contract for sale and purchase with the developer typically contains construction warranties for the major structural components of the home. If the home is located in a subdivision, the developer also usually constructs and installs essential subdivision infrastructure to make the home habitable, such as roads for
The Florida Rules of Appellate Procedure designate all post-final judgment orders as “non-final” orders for purposes of an appeal. The Florida Rules of Civil Procedure only authorize motions for rehearing of “final orders”. Can a post-final judgment order simultaneously be a “final order” under the Rules of Civil procedure so that the trial court can
The recent case of Popescu v. Laguna Master Association, Inc., 38 Fla. Law Weekly D2361a (Fla.4th DCA 2013), was reported in the Daily Business Review, a leading business publication in South Florida. Mr. Rubin successfully represented the prevailing Association in the Appeal: Mistaken Foreclosure Sale To Be Reexamined By Adolfo Pesquera Contact All Articles Daily Business Review
In a residential development governed by a homeowner’s association, it is common for the declaration of covenants and restrictions to require lot owners to properly maintain their lots in good condition. Typically, the association will periodically inspect the lots, and if a lot is not in compliance, it will send a written notice of violation
Florida’s Marketable Record Title Act (“MRTA”), codified in Chapter 712 of the Florida Statutes, eliminates stale claims which may encumber title to land. Unless an interest in the land is properly preserved in the chain of title, or there is a MRTA exception, generally speaking, the interest in land created by a deed or other
