On April 27, 2012, a bill amending Florida’s Self-Storage Facility Act (Act) was signed into law by Governor Rick Scott. The bill primarily implements changes to the notice requirements related to enforcing an owner’s lien against items stored in a self storage facility. According to the Self Storage Association, these changes could save Florida’s self storage industry more than $4 million annually. More...

Many condominium associations have policies that prohibit or regulate the ownership of pets. For the most part, associations have become adept at dealing with those having pets and those requesting permission to have a pet. However, as a recent lawsuit filed by the Justice Department in Utah shows, things are very different when the pet in question is a service animal. More...

Florida’s Motor Vehicle No-Fault Law requires motorists to carry at least $10,000 of no-fault insurance. This insurance requirement, known as personal injury protection (PIP) coverage, has existed in Florida since 1972. To make sure that those injured in an auto accident quickly get money to treat their injuries, the law requires a driver’s insurance company pay up to $10,000 for medical bills and lost wages, no matter who is at fault.More...

Unfortunately, the concepts of right and wrong often may not influence the decision to breach a contract. This is particularly true during difficult economic times when parties to a contract often use the threat of litigation to forcibly renegotiate the terms of their agreements. Needles to say, when asking a party to honor their contract, it is unsettling to hear someone respond with “sue me.” More...

According to the Centers for Disease Control and Prevention, approximately 785,000 Americans suffer their first heart attack every year, while another 470,000 experience their second. Unfortunately, the number of those who die from sudden cardiac arrest is equally disturbing. More...

On numerous occasions, we have discussed the importance of obtaining insurance from a financially secure insurance company. Though there are already many reasons to avoid doing business with financially unstable insurance companies, the Florida Supreme Court recently provided another. More...

One purpose of the personal injury protection, or PIP, requirement in Florida’s Motor Vehicle No-Fault Law is to provide medical, surgical, funeral, and disability insurance benefits without regard to fault. Although the amount an insurance company is required to pay is set by law, recent court decisions may force insurance companies to adjust either their insurance policies or their reimbursement practices. More...

Florida’s Condominium Act confers broad authority upon condominium associations to manage and maintain the communities they serve. Included within an association’s authority is the significant power to enter into contracts. This power, however, does have its limits. More...

Many homeowners employ an employee, whose duties are related to the maintenance or use of the owner’s home, including household or domestic services. Unfortunately, many of these same homeowners do not fully understand the risks associated with employing a domestic employee, or whether such risks are covered under their homeowners’ insurance policy.More...

A consequence of the struggling real estate market is the increased number of condominium units occupied by tenants rather than unit owners. Not surprisingly, many tenants do not have the same commitment—financial or emotional—to the condominium community as owners. As a result, condominium associations have to deal with non-owner tenants who fail to observe the association’s rules more frequently than before. More...

As with any business, self-storage facilities must take affirmative steps to protect the bottom line. Unfortunately, too many self-storage facilities overlook perhaps the most important and effective step of all—using the rental agreement to limit their liability exposure. More...

The U.S. Longshoreman and Harbor Worker’s Compensation Act (Act) was enacted to create a uniform system to compensate longshoremen and harbor workers for workplace injuries that did not depend on the precise site of his or her injury. However, the Act states that such compensation will be provided “only if the disability or death results from an injury occurring upon the navigable waters of the United States.” More...

When it comes to enforcing a storage lien against a delinquent servicemember-tenant, owners and operators of self-storage facilities must make sure they proceed in accordance with the Servicemembers Civil Relief Act (SCRA). The SCRA is a federal law designed “to provide for, strengthen, and expedite the national defense” by temporarily suspending various judicial and administrative proceedings that may adversely affect the civil rights of servicemembers during their military service.More...

If a coin comes up tails 100 times in a row, is it more likely that the next toss of that same coin will be heads? The answer is no. Since, as they say, "a coin has no memory," the first 100 tosses do not change the fact that the probability on the 101st toss remains at fifty percent. Though significantly more complex, the insignificance of past events when calculating the probabilities of future events also applies to hurricanes. More...

The overall health and stability of a condominium community is often viewed as a function of the whole rather than the sum of its parts. As such, those choosing to make their home in a condominium community understand the manner and extent to which their standard of living is dependent upon one another. This is particularly true in the context of a condominium community’s financial situation. More...

Although telecommuting is not a new phenomenon, it has certainly gained traction since the turn of the century. According to the American Community Survey, which is conducted annually by the U.S. Census Bureau, the employee work-at-home, or WAH, population grew 61% from 2005 to 2009. Though the past few years have shown a small decline, which is generally attributed to a decline in the overall labor market, the outlook suggests significant growth over the next five years. More...

As of the release of the Standard Operating Procedures (SOP) 50 10 (5) (C), effective October 01, 2010, if an entity is “primarily engaged” in the provision of mini warehouse / storage services, not the leasing of real estate, it falls under the passive businesses currently eligible. In short, self-storage facilities are now eligible for small business financing from the Small Business Association (SBA). More...

If an admitted insurance company becomes insolvent, the Florida Insurance Guaranty Association (FIGA) generally becomes obligated to pay up to $300,000 for each covered claim. However, for multi-building condominiums, the manner in which the association’s property insurance is structured could affect the amount FIGA will pay if the association’s admitted insurer becomes insolvent. More...

The Volunteer Protection Act of 1997 (VPA) is a federal law designed to promote volunteerism by protecting volunteers from liability if an injury occurs while they are volunteering. Many organizations relying on the services of volunteers assume that the protections afforded by the VPA extend to the organization itself. Unfortunately, this assumption is incorrect, and the consequences of this misunderstanding can be severe.More...

Most people believe their standard homeowners’ insurance policy is all they need to protect their property. While this may be true in terms of protecting their dwelling and other structures, the same may not be the case when it comes to protecting their personal property. This is because a standard homeowners’ insurance policy typically limits the amount an insured can recover for specific kinds of personal property. More...