Author:
Publisher:
ISBN: 9781522151302
Category : Condominium associations
Languages : en
Pages :
Book Description
Florida Condominium and Community Association Law
Author:
Publisher:
ISBN: 9781522151302
Category : Condominium associations
Languages : en
Pages :
Book Description
Publisher:
ISBN: 9781522151302
Category : Condominium associations
Languages : en
Pages :
Book Description
Florida Community Association Litigation 2016
Author: Ron M. Campbell
Publisher: Daily Business Review
ISBN: 9781576259825
Category :
Languages : en
Pages : 0
Book Description
This book is about the legal issues that arise repeatedly in litigating homeowners' and condominium association lawsuits in Florida. Homeowners' and condominium associations are common forms of community living in Florida, and the law regulating their operation touches on the lives of each of the owners and residents who own property and live within their purview. The book covers a broad range of topics because practice in this area of the law is multifaceted. Attorneys that practice community association law regularly prosecute and defend against claims that sound in the law of contracts, real property, civil rights, and more. Each of these topics is discussed to provide the reader with a set of practical tools that may be used to approach community association disputes. Students of this area of the law will also benefit from detailed discussion of the Florida statutes regulating community associations and construing case law. This book also discusses the motivations that underlie common community association disputes. Emotions run high when neighbors feud. By placing the dry legal issues in their context, the goal is to create a framework for understanding the root cause of the legal dispute. With some tact, the attorney may lead the client to adopt an objective perspective of the given circumstances and overcome his or her entrenched position. Of course, no amount of reason will resolve all differences. If litigation and trial is inevitable, then an understanding of the motivations underlying the dispute aids the attorney in effectively advocating in mediation and arbitration, and before the court. This book draws heavily on the Condominium Act, Chapter 718, and the statutes governing homeowners' associations, found in Florida Statutes Chapter 720. There is a great deal of similarity between these two chapters. To the extent possible, the book attempts to avoid repetition by referencing both chapters simultaneously where their provisions mirror one another. Some repetition was necessary to avoid confusion. Introductory information on the nature of the various forms of Florida community associations is in the first chapters of the book. The book focuses almost exclusively, however, on the most common forms: homeowners' associations and condominium associations. There is very little discussion of cooperatives, timeshares, and mobile home subdivisions, because there are simply not enough disputes involving these types of community associations to warrant lengthy discussion. This is an ever changing area of the law. As such, this book should serve as a springboard for the reader's own research. It is true that some critical principals discussed herein have guided the courts for decades, but the Florida Legislature revisits the statutory regulation of Florida community associations on a regular basis. In addition, Florida courts continuously create new law regarding issues affecting the operation of community associations on which we previously had little or no guidance. Moreover, there is no "one size fits all" approach to all community association litigation. Most cases are highly fact specific, and the courts typically approach them on a case-by-case basis. This book only aspires to guide and equip those who wish to learn more about community association litigation, providing direction as to issues impacted by statutory regulation and published case law.
Publisher: Daily Business Review
ISBN: 9781576259825
Category :
Languages : en
Pages : 0
Book Description
This book is about the legal issues that arise repeatedly in litigating homeowners' and condominium association lawsuits in Florida. Homeowners' and condominium associations are common forms of community living in Florida, and the law regulating their operation touches on the lives of each of the owners and residents who own property and live within their purview. The book covers a broad range of topics because practice in this area of the law is multifaceted. Attorneys that practice community association law regularly prosecute and defend against claims that sound in the law of contracts, real property, civil rights, and more. Each of these topics is discussed to provide the reader with a set of practical tools that may be used to approach community association disputes. Students of this area of the law will also benefit from detailed discussion of the Florida statutes regulating community associations and construing case law. This book also discusses the motivations that underlie common community association disputes. Emotions run high when neighbors feud. By placing the dry legal issues in their context, the goal is to create a framework for understanding the root cause of the legal dispute. With some tact, the attorney may lead the client to adopt an objective perspective of the given circumstances and overcome his or her entrenched position. Of course, no amount of reason will resolve all differences. If litigation and trial is inevitable, then an understanding of the motivations underlying the dispute aids the attorney in effectively advocating in mediation and arbitration, and before the court. This book draws heavily on the Condominium Act, Chapter 718, and the statutes governing homeowners' associations, found in Florida Statutes Chapter 720. There is a great deal of similarity between these two chapters. To the extent possible, the book attempts to avoid repetition by referencing both chapters simultaneously where their provisions mirror one another. Some repetition was necessary to avoid confusion. Introductory information on the nature of the various forms of Florida community associations is in the first chapters of the book. The book focuses almost exclusively, however, on the most common forms: homeowners' associations and condominium associations. There is very little discussion of cooperatives, timeshares, and mobile home subdivisions, because there are simply not enough disputes involving these types of community associations to warrant lengthy discussion. This is an ever changing area of the law. As such, this book should serve as a springboard for the reader's own research. It is true that some critical principals discussed herein have guided the courts for decades, but the Florida Legislature revisits the statutory regulation of Florida community associations on a regular basis. In addition, Florida courts continuously create new law regarding issues affecting the operation of community associations on which we previously had little or no guidance. Moreover, there is no "one size fits all" approach to all community association litigation. Most cases are highly fact specific, and the courts typically approach them on a case-by-case basis. This book only aspires to guide and equip those who wish to learn more about community association litigation, providing direction as to issues impacted by statutory regulation and published case law.
Commerce, Justice, Science, and Related Agencies Appropriations for 2016: Justification of the budget estimates
Author: United States. Congress. House. Committee on Appropriations. Subcommittee on Commerce, Justice, Science, and Related Agencies
Publisher:
ISBN:
Category : Administrative agencies
Languages : en
Pages : 360
Book Description
Publisher:
ISBN:
Category : Administrative agencies
Languages : en
Pages : 360
Book Description
The Law of Florida Homeowners Association
Author: Peter M Dunbar
Publisher: Rowman & Littlefield
ISBN: 1683343123
Category : Law
Languages : en
Pages : 201
Book Description
Completely updated guide to the laws governing homeowners associations in Florida. Cross-referenced to the latest Florida statutes, this book covers everything from creating and maintaining a budget to conducting productive meetings. Includes 27 forms that can be adapted to any association.
Publisher: Rowman & Littlefield
ISBN: 1683343123
Category : Law
Languages : en
Pages : 201
Book Description
Completely updated guide to the laws governing homeowners associations in Florida. Cross-referenced to the latest Florida statutes, this book covers everything from creating and maintaining a budget to conducting productive meetings. Includes 27 forms that can be adapted to any association.
Ensuring an Informed Public
Author: Martha Chumbler
Publisher:
ISBN: 9781641059572
Category : Government information
Languages : en
Pages :
Book Description
"This book discusses features shared by state statutes that regulate public records and open meetings"--
Publisher:
ISBN: 9781641059572
Category : Government information
Languages : en
Pages :
Book Description
"This book discusses features shared by state statutes that regulate public records and open meetings"--
Condominium and Homeowner Association Practice
Author: Wayne S. Hyatt
Publisher: Plaza y Valdes
ISBN: 9780831805265
Category : Law
Languages : en
Pages : 334
Book Description
This edition offers an overview of the basic principles of this rapidly growing form of ownership and its related community association. It incorporates case law and other developments since the first edition was published in 1981.
Publisher: Plaza y Valdes
ISBN: 9780831805265
Category : Law
Languages : en
Pages : 334
Book Description
This edition offers an overview of the basic principles of this rapidly growing form of ownership and its related community association. It incorporates case law and other developments since the first edition was published in 1981.
Alternative Dispute Resolution
Author: Mark V.B. Partidge
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 268
Book Description
Alternative Dispute Resolution (ADR) has become a critical competency for intellectual property (IP) practice. Litigators and corporate counsel are compelled by the realities of federal court litigation to master the skills, strategies and tactics of ADR. The escalating cost of IP litigation leads clients to demand alternative solutions. Industry surveys disclose that the average cost to pursue an IP case through trial will exceed $5,000,000 (five million). Despite that high cost, the likelihood that counsel has relevant trial experience has dramatically declined as less that 1.5% of civil actions are resolved by trial. Thus it is no surprise that corporate clients favor some form of ADR as an alternative to federal litigation. As a result, successful litigators must master ADR or be left behind as clients turn to attorneys with the experience and knowledge to use ADR to achieve the clients' goals. This book provides litigators, corporate counsel and in-house attorneys with the information and knowledge necessary to understand the options available for using ADR to resolve IP disputes, to create an effective strategy for using ADR, to achieve better results at a lower cost, and to control the ADR process as an effective advocate. The title serves as a handbook to explain the nature and use of ADR for IP disputes, including an assessment of the rising need for the use of ADR, the benefits available through the use of ADR, the tactics and tools available as an alternative to civil litigation, cases studies where ADR has been used to achieve improved results, and advice and tips for advocacy in ADR, with special emphasis on mediation skills. Relevant statutes and case law are included within a larger narrative built on stories and cases studies. Part One of the book deals with strategic considerations involved in ADR. It explores why ADR is important today for the resolution of IP disputes. It then covers the key benefits of ADR and dispels the typical reasons given to avoid the use of ADR. Part Two of the book covers the nuts and bolts of ADR. It describes the various types of ADR available to counsel for IP disputes. This section also explains the various providers of ADR services, the means to lead a problem into ADR (contractual provisions, court mandate, corporate and industry policy) and the legal basis for the use and enforcement of ADR results. Part Three shows the application of ADR methods to various disputes through the use of case studies. This section shows how ADR allows for creative solutions that cannot be obtained in the all or nothing environment of a court decision. Part Four closes the book with tips and advice on advocacy in ADR, especially mediation which involves a distinctive skill set that is often misunderstood and poorly utilized by litigators.
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 268
Book Description
Alternative Dispute Resolution (ADR) has become a critical competency for intellectual property (IP) practice. Litigators and corporate counsel are compelled by the realities of federal court litigation to master the skills, strategies and tactics of ADR. The escalating cost of IP litigation leads clients to demand alternative solutions. Industry surveys disclose that the average cost to pursue an IP case through trial will exceed $5,000,000 (five million). Despite that high cost, the likelihood that counsel has relevant trial experience has dramatically declined as less that 1.5% of civil actions are resolved by trial. Thus it is no surprise that corporate clients favor some form of ADR as an alternative to federal litigation. As a result, successful litigators must master ADR or be left behind as clients turn to attorneys with the experience and knowledge to use ADR to achieve the clients' goals. This book provides litigators, corporate counsel and in-house attorneys with the information and knowledge necessary to understand the options available for using ADR to resolve IP disputes, to create an effective strategy for using ADR, to achieve better results at a lower cost, and to control the ADR process as an effective advocate. The title serves as a handbook to explain the nature and use of ADR for IP disputes, including an assessment of the rising need for the use of ADR, the benefits available through the use of ADR, the tactics and tools available as an alternative to civil litigation, cases studies where ADR has been used to achieve improved results, and advice and tips for advocacy in ADR, with special emphasis on mediation skills. Relevant statutes and case law are included within a larger narrative built on stories and cases studies. Part One of the book deals with strategic considerations involved in ADR. It explores why ADR is important today for the resolution of IP disputes. It then covers the key benefits of ADR and dispels the typical reasons given to avoid the use of ADR. Part Two of the book covers the nuts and bolts of ADR. It describes the various types of ADR available to counsel for IP disputes. This section also explains the various providers of ADR services, the means to lead a problem into ADR (contractual provisions, court mandate, corporate and industry policy) and the legal basis for the use and enforcement of ADR results. Part Three shows the application of ADR methods to various disputes through the use of case studies. This section shows how ADR allows for creative solutions that cannot be obtained in the all or nothing environment of a court decision. Part Four closes the book with tips and advice on advocacy in ADR, especially mediation which involves a distinctive skill set that is often misunderstood and poorly utilized by litigators.
SLAPPs
Author: George William Pring
Publisher: Temple University Press
ISBN: 9781566393690
Category : Law
Languages : en
Pages : 300
Book Description
In a democracy that for over 200 years has prided itself on public participation and citizen involvement in government, thousands have been and will be the targets of multi-million-dollar lawsuits. They will be sued for such "all-American" activities as circulating a petition, writing a letter to the editor, testifying at a public hearing, reporting violations of the law, filing an official complaint, lobbying for legislation, or otherwise communicating their views. Such cases, named "Strategic Lawsuits Against Public Participation," with their apropos acronym, SLAPPs, are a shocking abuse of one of our most basic political rights - the Right to Petition. So extensive and grievous is the phenomenon that Justice Nicholas Colabella remarked, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined."George W. Pring and Penelope Canan explore the full range of SLAPP stories in this first study of SLAPPs - retaliatory lawsuits by real estate developers; teachers; police; politicians; opponents of civil rights; consumers' rights; women's rights; and many others. This comprehensive book examines what happens to the targets of SLAPPs and what is happening to public participation in American politics. Addressing the ultimate dilemma - what can be done to turn the tables and fight back - Pring and Canan offer concrete, well-supported, balanced solutions for preventing, managing, and curing SLAPPs at all levels of government. Author note: George W. Pring is Professor of Law at the University of Denver. >P>Penelope Canan is Associate Professor of Sociology at the University of Denver. They are the co-directors of the Political Litigation Project at the University of Denver.
Publisher: Temple University Press
ISBN: 9781566393690
Category : Law
Languages : en
Pages : 300
Book Description
In a democracy that for over 200 years has prided itself on public participation and citizen involvement in government, thousands have been and will be the targets of multi-million-dollar lawsuits. They will be sued for such "all-American" activities as circulating a petition, writing a letter to the editor, testifying at a public hearing, reporting violations of the law, filing an official complaint, lobbying for legislation, or otherwise communicating their views. Such cases, named "Strategic Lawsuits Against Public Participation," with their apropos acronym, SLAPPs, are a shocking abuse of one of our most basic political rights - the Right to Petition. So extensive and grievous is the phenomenon that Justice Nicholas Colabella remarked, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined."George W. Pring and Penelope Canan explore the full range of SLAPP stories in this first study of SLAPPs - retaliatory lawsuits by real estate developers; teachers; police; politicians; opponents of civil rights; consumers' rights; women's rights; and many others. This comprehensive book examines what happens to the targets of SLAPPs and what is happening to public participation in American politics. Addressing the ultimate dilemma - what can be done to turn the tables and fight back - Pring and Canan offer concrete, well-supported, balanced solutions for preventing, managing, and curing SLAPPs at all levels of government. Author note: George W. Pring is Professor of Law at the University of Denver. >P>Penelope Canan is Associate Professor of Sociology at the University of Denver. They are the co-directors of the Political Litigation Project at the University of Denver.
Construction Checklists
Author: Eric A. Berg
Publisher: American Bar Association
ISBN: 9781604421453
Category : Law
Languages : en
Pages : 580
Book Description
Publisher: American Bar Association
ISBN: 9781604421453
Category : Law
Languages : en
Pages : 580
Book Description
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.