Gelfand & Arpe, P. A.


INDEX - MEMORANDUMS TO CLIENTS
LISTED BY TITLE

TITLE DATE OF PUBLICATION
Access to Corporate Records February 1992
Accidental or Inadvertent Age Discrimination May Result in Liability January 1994
Accounting Records: A Separate Account Must Be Kept For Each Unit October 2006
After Hurricane Andrew September 1992
After Settlement of A Wrongful Death Action July 2005
Americans With Disabilities Act July 1992
Animals and Associations:  Free Speech and Damage Claims May 2004
Annual Meetings August 2006
Annual Meeting Refresher November 1993
Annual Meeting/Voting and Waiver of Reserves September 1995
Annual Meetings/Voting and Waiver of Reserves October 1996
Annual Reports: Don't Forget to File March 2004
Annual Reports: Do Not Throw Out Post Cards!  Update Addresses? February 2004
Annual Report and Fee January 2008
Arbitration: Negligence Lawsuit Must Be Decided By Arbitrator October 2007
Arbitration: More Line Drawing February 2001
Arbitration: Show Up or Pay Up July 2008
Arbitration: Unstated Filing Fees Chill Right To Enforce Important Contract Rights May 2005
Assessments: Can You Levy Owners At Different Rates? November 2002
Assessments:  Pay First, Ask Questions Later November 2004
Assessments: Waste Not Want Not October 2000
Association Liability for Contractors' Injured Employees and Sub-Contractors: Part III August 1997
Associations May be Liable for Sub-Contractor's Injuries July 1993
Associations Not Liable for Tourist Development Bed Tax March 1993
Attorney-Client Meetings: Ensure Your Confidences are Protected April 1996
Attorney's Fees: Judgment, No Matter How Small, Entitles Contractor to Fees

Attorney's Fees: HOA's Must Mediate Before Litigating

ATTORNEY'S FEES: PRODUCE RECORDS WHEN REQUESTED OR ELSE

Attorney's Fees: $1 Judgment May Not Be Enough

September 2007

February 2007

May 2002


January 2009

BAD DOG: NO FREE BITES April 2002
Banks: Notify Bank Immediately Of Any Unauthorized Transactions November 2007
Bankruptcy Petition Bars Unapproved Collection Effort August 1992
Bankruptcy: Sweeping New Changes June 2005
Bingo December 1992
Bounced Checks: Triple Grief For Worthless Rubber December 2001
Budget Funding Policy August 1993
Budgeting: Income Source Disclosure Requirements January 1997
Cable Contracts:  What Is Expected May Not Be What You Get April 2004
Cable Television: Deadline for Adelphia Claims January 2004
Cable Television: The Unthinkable Occurs June 2000
Cash is Cash March 1997
CHANGING THE RULES IN THE MIDDLE OF THE GAME: A CHILDHOOD LESSON TURNED UPSIDE DOWN November 2008
CIVIL PROCEDURE: SETTING ASIDE A DEFAULT MAY BE AN UPHILL BATTLE June 2002
Class Actions Work May 1996
Clubbed Into Submission May 1995
Code Compliance: Life, Liberty and the Pursuit of Happiness February 2000
Code Enforcement: "Parked" May Not Equal "Storage" July 2003
Collections: Laws Regulate Most Association Collection Efforts May 1995
Committee Assignments February 1995
Condemnation: You Want it, You Buy it May 1997
Condominium Act Amendments August 1996
Condominium Act Amendment Updates January 1992
Condominium Act Amendment Update March 1992
Condominium Act and Cooperative Act Amendments July 1997
Condominium Association Liability for Contractors' Injured Employees May 1993
Condominium and Cooperative Association October 1996
Condominiums (update 2004) July 2004
Construction: Digging Away January 2007
Construction & Maintenance: Ins & Outs, What Constitutes the Inside Versus the Outside of a Home? March 2004
Contracts: Almost Does Count November 2003
Contracts: Discrepancy Over Meaning of "Remove" Jeopardizes Lien July 2008
Contracts: Changing Construction Indemnification Agreements August 2001
Contracts: Minor Breach Does Not Stop Termination of a Lease March 2008
Contracts: When Does Pressure To Sign Become Illegal Duress? November 2007
Condominium Flood Insurance is Available August 1993
Condominium Law Public Workshop December 1992
Condominium Regulations: Changes in Administrative Rules June 1994
Condominium Unit Insurance November 1992
Contracts: Draft Construction Specifications Before Bidding to Save Time, Reduce Arguments, and Enhance Enforceability October 2003
Contracts: Small Print Brings a Tidal Wave of Consequences June 2008
Cooperatives and Community Associations July 2004
Corporations: Ignoring Corporate Policy Is A N0-NO January 2007
Corporate Procedures: Ring In The Year With Updated Records January 2002
Constitutional Law: Ride, Do Not Walk, When Playing Golf August 2004
Construction: When is Completion, Completion?
Construction: Little Pig Little Pig Let Me In - Or I'll Huff and I'll Puff and I'll Blow Your House Down.
May 2001
November 2001
Contractors: Hear No Evil, See No Evil Is No Defense April 2003
Contracts: A Florida Claimant May Have To File A Lawsuit In Another State August 2006
Contracts: A Name is Just A Name, Or Is It? November 2002
Contracts: A Penny Saved May Be Pound Foolish. March 2003
Contracts: Venue, Where Suit Can Be Brought March 2001
Contracting with Contractors: Exercises in Definiteness and Patience March 1997
Contracts: Dueling Papers January 2001
Contracts: Interpreting Words And Actions In Employment Contracts April 2006
Contracts: Read Before You Sign, Even Self Storage Leases January 2000
Contracts: Severance Pay December 2000
Corporate Annual Reports

     Time To Update Records

March 1992

January 2005

Corporate Annual Reports Must Be Filed February 1994
Corporate Officer Liability December 1992
Corporate Procedure: Annual Meetings December 2000
Corporate Procedures: Records For The New Year January 2006
Corporate Records: Ex-Members Inspection Rights October 2002
Corporations: Annual Reports Are Due March 2000
January 2001
Corporations Must Promptly File 1993 Annual Corporate Reports March 1993
Court Fees December 1992
County Funds: No Money For Gated Communities August 2002
COVENANTS:
Covenants: A Dog With Nine Lives August 2003
Covenants: Deed Restrictions Cannot Be Canceled To Allow A Medical Building November 2004
Covenants: Restrictive Covenants: May Restrictions be Abandoned? March 2003
Covenants: A Rose By Any Other Name ... Is Still A Truck May 2003
Covenants: Traveling Billboards Invade Neighborhoods June 2000
Covenant Enforcement: Act Now or Lose Later

Covenant Enforcement: If It Is Important,    Then Act; If Not, Then Do Not!

Covenant Enforcement: To Be Or Not To Be, What is "Around or Near?"

Covenant Enforcement: Homeowners' Associations Fines Bare Teeth of Liens.

Covenant Enforcement: Undermining Flexibility and Adaptability.

Covenants: Get Permission before, not after alterations.

Covenant Enforcement: Keeping Property In The Family

August 1997,

February 2000

March 2000

April 2000

May 2000

August 2002

 

 

November 2008

Damage Flows From Unoccupied Units February 2008
Directors: No Liability Unless Conduct is Willful August 2004
Directors: What is the Right Number September 1995
Directors Are Selected to Vote, Not to Sit October 1993
Directors, Considerations of Whether to Run or Resign December 1993
Directors: How to Remove a Board Member From Office January 2004
Director Liability: Officer Selection Proper Judgment April 1997
Disability Discrimination:  A Slight Limp Is Not a Disability April 2004
Dividing and Selling Does Not Equal Less Assessments April 1994
Dog Bite Update: Judge sentences Dog Owner to 4 Years August 2002
Dog Restrictions:  Two is The Limit October 2004
Dot Your "i's" and Cross Your "t's" November 1995
Drafting: You Get What You Ask For April 1997
E-Law: Legal Eagles on the Internet April 2000
Elections: September 10, 2002 September 2002
E-Mailing: Send Documents In Proper Format February 2006
Employment Discrimination: What Constitutes a Disability? March 2007
Employment: Hold Harmless Agreement Does Not Waive Employer's Workers' Compensation Immunity September 2006
Employment: Late For Work - Lose Your Benefits October 2006
EMPLOYMENT: NO OVERTIME FOR HOURLY WORKERS? May 2002
Employment: Problems when A Boss Fires An Employee. December 2002
Equine Communities:  Signage Reduces Liability Risks September 2004
Failing to Use Entrusted Funds for Proper Purposes September 1997
Fair Housing Law

Fair Housing Act: Act Now, Or Lose Later

Fair Housing: Do Not Play Games, Go To The Seminar

Fair Housing Laws: More Forms and Fees

Fair Housing: Show Your Cards!

August 1996

March 2000

November 2001

August 2001

June 2008

Federal Fair Debt Collection Practices Act, New Math Means 10 Now Equals 30 October 1997
Fictitious Name Use Restricted August 1994
Filing Fees and Cost Deposits Increased December 1992
Finances: Unauthorized Credit Card Expenditures December 2006
Fire and Safety Code: All High-Rise Condominiums Must Be Retrofitted With Fire Sprinkler Systems By 2014 December 2003
First Amendment:  Speech Protesting Animal Rights Violations May 2004
Foreclosures: The Importance of Following Your Own Rules

Foreclosures: Flag Man's Home Cannot Be Sold To Pay For Association's Attorney's Fees

Foreclosures: Searching For Absentee Owners

Foreclosures: Written Agreements Cannot Be Changed Without Consideration

March 2002

April 2005

May 2006

 

December 2007

Florida Clean Indoor Air Act July 1992
Foul Language Does Not Mandate Dismissal February 1993
Fiduciary Duty: Looking Out For "Number 1" Can Lead To Trouble September 2003
Frequently Asked Questions and Answers Sheets and Disclosure Summaries January2008
Garnishment: When To Stop Payment on a Check July 2007
Get the Lead Out, Seriously October 1996
Goodbye Frances, Jeanne, Ivan and Charley October 2004
GOODBYE SNOWBIRDS, HELLO HURRICANES May 2002
Homeowners Association Law August 1996, July 1997, July 2004
Homeowners Association Law Amendments: Reform, Clarification and New Regulations March 1995
How Many Directors November 1994
HUD Invites 55 and Over Communities To Welcome Katrina and Rita Evacuees January 2006
Hurricane Preparedness, part II: Water Control Structures September 2000
Update Records and Paperwork. April 2003
If I Testify, Will I Be Fired? June 1994
Independent Contractor v. Agent: When Is An Employer Liable? December 2008
Independent Contractor: Liability For Negligent Hiring March 2002
Increased Director at Liability July 1993
Insurance: Condominium Rebuilding After Another Hurricane December 2005
Insurance: Insurers are Not Liable For Everything October 1994
Insurance: The Importance of Reading the Fine Print to Know What Your Policy Covers December 2003
Insurance: Potential Liability For Interfering With Claim December 2006
Insurance: Who Pays For Condominium Hurricane Damage? March 2006
Insurance: Workers' Compensation Coverage Diminishes as Managers or Supervisors Negligence Becomes Outrageous December 1994
Insurance and Insolvencies Require Policy Re-inspection January 1993
Insurance Applications are Important March 1993
Insurance Assistance? September 1993
Insurance: Management Company May Have To Contribute Money July 2005
Insurance: No coverage For Intentional acts of Harm December 2002
Insurance: No Quick Fixes February 2007
IRS Knocking on Associations' Doors Reviewing Association Papers May 1993
Judicial Retention and Election October 1992
Keep on Trucking February 1997
Landlord and Tenant: Removal Issues April 1994
Leasing Restrictions: No More Vacancies February 2002
Legislative Action April 2008
Legislation:  Preparation For Compliance September 2004
Legislative Update: Condominium and Cooperative Association Financial Reports May 1994
Legislative Update: 1997 Association Law Amendments July 1997
Legislative Update: Awaiting Signatures

Legislative Update: Part II

June 2000

August 2001

2003 Legislative Update - Part One

2003 Legislative Update - Part Two

Legislative Update: MARTA Revisions

2004 Legislative Update - Part I

2004 Legislative Update - Part II

2005 Legislative Update

2006 Legislative Update

2007 Legislative Update

2008 Legislative Update I

2008 Legislative Update II

2008 Legislative Update Part III

2009 Legislative Update Part IV: Ringing In The New Year

June 2003

July 2003

August 2003

June 2004

July 2004

April 2005

June 2006

June 2007

May 2008

June 2008

August 2008

December 2008

Lending Restrictions Will Affect Owners, Businesses and Communities August 1993
Lessons Learned from Hurricane Andrew November 1992
Liability and Notice: When Does Notice Create Liability, Particularly for Dog Bites November 1996
Liens: Facsimile Saves A Foreclosure Action May 2003
Lien Foreclosure in a Quandary September 1993
Lien Foreclosures in a Quandary Part II August 1994
Liens: Town's Right To Enforce Code Violation Lien is Limited by Homestead Rights. February 2004
Limited Federal Exception September 1997
Limited Liability for Charitable Non-Profit Volunteers July 1993
Manager Liability --Do Not Let This Slip By February 2006
Is A Memo To File Part Of The Association's Official Records February 2008
Money, Money Everywhere But Not A Drop To Spend November 2006
Mortgage Foreclosure: Causing Financial Problems for Associations March 2008
Negligence: Dancing on Wet Napkins March 2007
Negligence: Overgrown Landscaping May Lead To Liability? January 2008
New Check Handling Laws: Protect Yourself from Stolen or Fraudulently Signed Checks March 1994
New Check Handling Laws: When Is It Not Safe to Accept Money? February 1994
New Condominium on Cooperative Financial Rules October 1993
New Financial Report Guidelines January 1996
New Homeowners Association Act November 1992
New Laws October 1992
1992 Condominium/Homeowners/Cooperative Association Amendments April 1992
1994 Association Law Amendments July 1994
1995 Association Law Amendments July/August 1995
Nominating Committees January 1993
Notary Law (Strictly Enforced) February 1993
Official Records: Is It All There? January 2008
Palm Beach Towing Ordinance April 1992
Parking Lot and Garage Signage Must Comply with State Laws November 1993
Patients are Free to Choose May 1993
Paying the Price January 1997
Please, Please Do Not Ask May 1996
Post Storm Planning November 2005
Premises Liability: "Store With Care" Applies to Dangerous Chemicals

Premises Liability: Slip and Fall on a Banana Peel

December 1996


January 2002

Promises, Promises, Promises: Lender and Buyer Estoppel Letters May Make you Liable! December, 1996
Property Owners May Be Liable for Independent Contractors' Negligence December 1994
Punitive Damages: That's Outrageous!!!! February 2008
Question and Answers January 1994
Real property: Diggers Beware of What Lurches Below July 2003
Real Property: Failure To Confirm Address Dooms Claim October 2005
Real Property: Gate Can Stay Despite Easement May 2007
Real Property: Gate Can Stay Without Easement May 2007
Recall: How, When and Why June 1995
Records: The Same Old Thing Every Year, Not for Y2K January 2000
Releases: Boxer Did Not Release Night Club From Negligence January 2004
Releases: Pulling The Ripcord without a Parachute? May 2001
Report Now! March 1996
Reserves and Accounting: Report and Pay Now, or Pay Significantly More Later Get an Education May 1996
Resource Directory for Not-for-Profit Organizations: A Tool April 1995
Restrictions: Antenna and Satellite Dishes: To Be Or Not To Be? November 2003
Restrictions: Gate Opening For Associations To Stop Speeding On Private Roads July 2006
Restrictions: Older Aged Communities September 2003
Restrictive Covenants: One Class Of Owners Cannot Amend Documents Without Consent of All Owners November 2005
Restrictive Covenants: Lack of Wheels Does Not Exempt Porch From Setback Requirements December 2004
Restrictive Covenants: The Right to Prohibit Signs Does Not Apply to the Inside of a Car! June 2004
Restrictive Covenants: Homeowner Jailed Until Trees Are Removed. March 2005
Review of 1991 and 1992 Association Law Amendments May 1992
Rules Preventing Overcrowding May Be Discrimination October 1995
School's Open: Watch for Children! October 1996
Self-Help: The Sure Easy Way to Great Problems and Liability March 1996
Security Gates: Is It Time To Update Your Model? December 2001
Security Deposits for Residents September 1992
SHODDY CONSTRUCTION : YUCK, YUCK ... IT'S MUCK June 2002
Smoking: No More Lighting Up During Meetings and Parties September 2003
Solar Energy Access July 1992
Special Assessments to Pay Judgments Valid? February 1995
Sprinklers: Who is Exempt? April 2007
Statutory and Regulatory Update June 1997
Stop The Presses: Governor Vetoes Community Association Legislation August 2006
Swim at Your Own Risk October 1995
Swimming Pools: New Federal Law Requires Drain Covers January 2009
Taxation: Justice for "Taxpayers for Fairness, Inc.

Taxation: Dock Renters May Not Have To Pay Taxes

March 2001; April 2002

August 2006

Taxpayers Lawsuit September 2000
February 2001
Technical Violations Place Condominium and Cooperative Associations on Defensive October 1997
Telecommunications Act of 1996: Homeowners' Antennas Dishing Up Disputes September 1996
Terror October 2001
The Notary Law January 1992
There are Few Things That are Certain in This Lifetime, Except... May 1996
Timing is Everything: Fair Housing - Older Aged Housing Update February 1996
Torts:  Association Not Liable For Injury To AN Univited Licensees

Torts: Beware of What You Ask For Invited Defamation Is A Complete Defense to Defamation

Torts: City Has No Duty To Warn About Defects

Torts:  Failure To Trim Trees May Lead To Liability Even If A Tenant Resorts To "Self Help"

Torts: Failure To Warn Of Rip Current May Lead To Liability For Drowning

Torts: Officers Can Not Hide Behind Corporations To Escape Liability For Fraud

Torts: Landlord May Be Held Liable For Pit Bull Attack Occurring Off Its Premises

Tort Liability: Liability for Failure to Provide Security 

Torts: Liability for Passing Out While Driving

Torts: Liability for Injuries Occurring On A Thoroughfaire

March 2008

April 2005


July 2005

October 2007

May 2005

July 2006

January 2006

February 2005

February 2005

April 2006

Tort Liability: Old Window Blinds and How to Make Them Safer October 2003
Torts: City Not Responsible For Placing Incomplete Building Official In Position of Authority February 2004
Torts: Hazardous Waste Give a Hoot, Do Not Pollute or Go to Jail September 2001
Torts: Intoxication Defense To Employee Injuries September 2006
Torts:  A Picture Speaks A Thousand Words April 2003
Torts:  An Animal Owner Cannot Collect Emotional Distress Damages For Mistreated Pet May 2004
Torts: The Importance of Maintaining Property In A Safe Condition October 2005
Torts: Hidden Tree Roots May Prove Costly August 2007
Torts: No Presumption of Liability Because a Male is Present February 2006
Torts: Not Trimming Follage Can Lead To Liability January 2005
Torts:  Signing Your Rights Away April 2008
Torts: When is a Landowner Liable for Lighting Strikes? September 2002
Torts: When Is There A Duty To Warn About Sex Offenders? March 2005
Torts: Who Pays When a House Bursts? September 2004
Torts: You Win Some, You Lose Some August 2003
Torts: What Happens When People Overstay Their Welcome? December 2007
Transfers: Limitations Upon the Rights of First Refusal June 1997
Transfer: Thou Shalt Not Discriminate June 1997
Transfers: Under The Penalty of Perjury? April 2001
Trespass: Damages for Invading Common Areas May 1997
Unauthorized Partial Payments: Money in the Hand is so Enticing! June 1996
Unemployment Compensation:  Error Which Cost Bank $6,000 Is Poor Judgment, Not Misconduct.

Unemployment Compensation: Misconduct Disqualifying An Employee From Collecting Benefits

Unemployment Compensation: Protection for Even the Less than Perfect

Unemployment Compensation:  When Foul Language Goes Too Far

December 2004


June 2005

October 1994

April 2004

Unlicensed Work March 1994
Vehicles: City Truck Zoning Prohibition Is Unconstitutional September 2007
Voting Machines: Let's Get IT Right The Next Time Around January 2002
Water: It All Flows Downhill April 2000
What is in a Name? April 1995
What to Do With Foreclosed Property November 1994
What Records Must Associations Furnish to Members April 1996
When are Communications between a Corporation and its Attorney Privileged? January 1995
When Is a Dish a Dish and When Is a Dish an Antenna? November 1995
Who Can Sue the Condominium Developer? May 1994
Who Pays for Vandalism? September 1995
Worker's Compensation: Exemption From Coverage Requirements April 2007
Workers' Compensation: Immunity or Liability? May 2006
Workers' Compensation: No Protection for Condominium Associations September 2001
Worker's Compensation: The Owner Of A Building Is Not Immune From Liaiblity March 2006
Worker's Compensation: When Is Immunity A Defense? August 2007
Zoning: ARC Cannot Stop High Rise In Historic District July 2007
1996 Legislative Update August 1996



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