News & Analysis as of

Florida Homeowners

Phelps Dunbar

Florida Imposes Mandatory 1-Year Warranty on Newly Constructed Homes

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Effective July 1, Florida law will require builders of newly constructed homes to provide a mandatory 1-year warranty against material construction defects. The new statute, Section 553.837, Florida Statutes, establishes...more

Marshall Dennehey

Fourth District Court of Appeals Rules in Favor of Homeowners, Citing Trial Court Calendaring Error

Marshall Dennehey on

Howard Roy Housen and Valerie Housen v. Universal Property & Casualty Insurance Company, Fla. 4th DCA, No. 4D2023-2720, January 22, 2025 - The Fourth District Court of Appeals found that the homeowners demonstrated excusable...more

Marshall Dennehey

Fifth District Court of Appeal Rules Insurance Benefit Assignment to Roofing Contractor Invalid Under Florida Statute § 627.7152.

Marshall Dennehey on

Holding Insurance Companies Accountable, LLC v. Leonard Caruso v. American Integrity Insurance Company of Florida, Fla. 5th DCA, No. 5D2023-2810, January 3, 2025 - The homeowner reported roof damage to his homeowners...more

Cozen O'Connor

Split Decision: Florida Districts Clash Over Insurance Coverage for Unperformed Repairs

Cozen O'Connor on

In the recent decision Universal Property & Casualty Insurance Co. v. Qureshi, the Florida Fourth District Court of Appeal held that homeowners cannot recover replacement cost benefits unless they have incurred expenses for...more

Butler Weihmuller Katz Craig LLP

New Florida Case Affects Presentable Damages in Homeowner’s Insurance Cases

A new Florida appellate decision may dramatically affect recovery in homeowner property insurance lawsuits.   In Universal Property & Casualty Insurance Company v. Qureshi, No. 4D2023-1338 (Fla. 4th DCA, July 24, 2024), a...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Governor DeSantis Signs HB 293 (2024), Requiring Homeowners Associations to Maintain Written Hurricane Protection...

On May 29, 2024, Governor DeSantis signed HB 293 (2024), which amends Fla. Stat. Sec. 720.3035 as follows...more

Shumaker, Loop & Kendrick, LLP

Client Alert: How to Handle Absent Condominium and Homeowners Association Board Members

Each election season, condominium association members elect one or more directors to serve on the association’s Board of Di­rectors. Many members consider their options carefully, understanding the importance of the board and...more

Lowndes

Florida Senate Bill Tries to Counter MV Realty’s 40-year Liens by Regulating “Residential Loan Alternative Agreements”

Lowndes on

In a move to protect homeowners from deceptive practices, the Florida Senate has passed CS/CS/SB 770, a bill that regulates residential loan alternative agreements for the sale of residential real property. The bill, which...more

Bilzin Sumberg

Florida Zoning Appeals Law: Miami Beach “Ban” on Short-Term Rentals Ruled Illegal

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In recent years, online platforms like Airbnb and HomeAway have made it easier for property owners to enter into the short-term rental market, which allows property owners to generate supplemental income and defray the cost...more

Troutman Pepper Locke

Submission of Pre-Suit Claim Notice Required by Construction Defect Statute Timely ‘Commences the Action’ Within the Meaning of...

Troutman Pepper Locke on

Gindel v. Centex Homes, 2018 Fla. App. LEXIS 13019 (Fla. 4th DCA Sept. 12, 2018) - A group of townhome owners (the “Homeowners”) sued the contractor and a subcontractor (collectively, “Contractor”) who built their...more

Carlton Fields

Alleged Violations of Florida Building Code Not Subject to Class Treatment

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Two couples who own homes in central Florida attempted to bring a class action against a homebuilder, stemming from alleged violations of Florida’s building code. Section 553.84, Florida Statutes, provides for such a private...more

Rumberger | Kirk

The Option to Repair: Making it Work

Rumberger | Kirk on

Florida homeowner insurers are seeing a significant increase in claims and litigation and are seeking ways to avoid costly litigation and expedite the claims process for their insureds. One option for the insurer is to...more

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