Family Law

• Adoption

Criminal Law

• Fraud
  8.    An association or any officer, director, employee, or agent of an association may not use a debit card issued in the name of the association, or which is billed directly to the association, for the payment of any association expense. Use of a debit card issued in the name of the association or billed directly to the association for any expense that is not a lawful obligation of the association may be prosecuted as credit card fraud pursuant to s. 817.61.
• Theft
• Misdemeanors
  Any board member who knowingly, willfully, and repeatedly refuses to comply with a valid request to inspect the official records is guilty of a second degree misdemeanor
• Embezzlement
  §718.111(2)(o): Condominium Association Director Crimes. An officer or director charged by indictment or information of felony theft or embezzlement of their condominium association’s funds, are suspended, until the earlier of a resolution of charges or the end of their term.
• Forgery
  2.    Theft, embezzlement, forgery of ballot envelopes, election fraud, the destruction of official records in the furtherance of a crime and the acceptance of kickbacks are all classified as crimes.

Business and Corporate Law

• Corporate Law
  Gerstin & Associates Business Transactions Practice Group provides full service counsel to privately held U.S. clients, ranging from start-up entrepreneurs to major, award wining large corporations. Our services cover the wide range of challenges and opportunities clients encounter throughout the business life cycle. From formation to mergers and acquisitions, daily operations to protecting intellectual property and corporate governance to employment related issues, our legal skills keep our clients
• Mergers and Acquisitions
• Business Transactions
• Limited Liability Companies
• Intellectual Property

Employment Law

• Employment Discrimination
  Compliance with applicable Federal laws, such as the Telecommunications Act of 1996, the Fair Housing laws, Employment Discrimination Laws, as well as similar state and local statutes and ordinances.
• Employment Contract
  1. Maintains the confidentiality of personnel records but allow owners to inspect employment agreements and financial records that disclose employee compensation.
• Non-compete Agreement

Property Law

• Real Estate Litigation
• Premises Liability
  An elderly patient visiting a medical facility in a strip mall fell near a curb in the parking lot and sued the medical facility, the manager of the mall and the owner of the mall based on a premises liability negligence claim. In support of his claim, the injured patient relied up a provision in the Florida Accessibility Code of Building Construction requiring the shortest accessible route between the handicapped parking space where he parked and the entrance to the medical facility. This requirement is
• Construction Litigation
  The above list is not exhaustive; however, by beginning to request these items the association will be in a better position as the transition progresses.   Additionally, it is recommended the association accept the transition of the developer via the resignation of developer members of the Board and then placement of owner member directors after an election.  At that time, developers often request the association sign a release.  By signing a release the association will waive any and all rights that it might have to claims for construction defects and/or misappropriation of funds.  As such, the association should have the transition of control occur and then retain the services of an accountant, an attorney and an engineer.  These professionals will perform what is commonly known as “due diligence”.  Without hiring these professionals there is no way the association can truly know whether or not they are aware of every issue that remains outstanding, or liability incurred by the developer, that is now an association liability.
• Real Estate Transactions
  The Association’s ability to demand the payment of the estoppel certificate fee prior to the anticipated closing of a real estate transaction remains in effect.
• Eminent Domain
  (1)   POWERS AND DUTIES.—An association which operates a community as defined in s.720.301, must be operated by an association that is a Florida corporation. After October 1, 1995, the association must be incorporated and the initial governing documents must be recorded in the official records of the county in which the community is located. An association may operate more than one community. The officers and directors of an association have a fiduciary relationship to the members who are served by the association. The powers and duties of an association include those set forth in this chapter and, except as expressly limited or restricted in this chapter, those set forth in the governing documents. After control of the association is obtained by members other than the developer, the association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all members concerning matters of common interest to the members, including, but not limited to, the common areas; roof or structural components of a building, or other improvements for which the association is responsible; mechanical, electrical, or plumbing elements serving an improvement or building for which the association is responsible; representations of the developer pertaining to any existing or proposed commonly used facility; and protesting ad valorem taxes on commonly used facilities. The association may defend actions in eminent domain or bring inverse condemnation actions. Before commencing litigation against any party in the name of theassociation involving amounts in controversy in excess of $100,000, the association must obtain the affirmative approval of a majority of the voting interests at a meeting of the membership at which a quorum has been attained. This subsection does not limit any statutory or common-law right of any individual member or class of members to bring any action without participation by the association. A member does not have authority to act for the association by virtue of being a member. An association may have more than one class of members and may issue membership certificates. An association of 15 or fewer parcel owners may enforce only the requirements of those deed restrictions established prior to the purchase of each parcel upon an affected parcel owner or owners.
• Easement
• Land Use and Zoning
• Property Damage
• Condominium Law
  Homestead Exemption; Authorizing a person to report to a local property appraiser a possible homestead exemption violation under certain circumstances; requiring that the tax collector pay a specified maximum reward to the reporting individual after the recovery of any back taxes, interest, or penalties; requiring associations for condominiums and cooperatives to provide a list of rented units to the property appraiser’s office, etc.

Trusts and Estates

• Estate Planning

Finance Law

• Bankruptcy
  § 720.307 Transition of association control in a community —Added to the threshold for an “automatic transition” to member control are a developer’s abandonment of its assessment, maintenance or construction responsibilities or if the developer files for Chapter 7 bankruptcy, enters receivership or loses title to a common area through a foreclosure.
• Foreclosure
  Within the last decade, almost every community association has encountered the same problem, a lender forecloses on an owner and nothing happens for years.  Either the owner vigorously contests the lender’s foreclosure, the lender simply does not move forward or both.  While the lender’s case meanders through the courts, the association is left with a “zombie house”, an abandoned home lowering property values and/or an owner no longer paying his/her maintenance assessments.  Until now, once a lender filed a foreclosure lawsuit a community association could do nothing other than sit and wait, sometimes for years.
• Tax Law
• Debt Collection
  Enforcing Outdated and Illegal Provisions. Banning solar panels, improper age restriction enforcement (16 instead of 18), banning satellite dishes or improper debt collection techniques are only a few of the many outdated provisions in the