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RPPTL Real Estate Leasing Committee

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[RPPTL LandTen] Legislative Changes

NB
Neil B. Shoter
Thu, Mar 17, 2011 2:31 PM

The attached prior discussion might be helpful.

[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Websitehttp://www.shutts.com/

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Thursday, March 17, 2011 10:19 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Arbitration Clauses in the residential setting

I have a residential REIT client (apartment communities) who wants to place some arbitration language in his leases.

  1. Security Deposits: I recommended against it as 83.49 clearly give the tenant the right to have access to the courts etc and for the small amount of security  deposit disputes that end up in court with attorney representation of the tenant, by agreeing to arbitrate could actually increase the costs and frequency of disputes and mediators/arbitrators are not free. In other words, the system "ain't broke" let's not fix it.

  2. Damages to personal property:  We run into a lot of cases where the tenant's personal property gets damaged by flood, fire, mold, car is damaged by landscaper etc.  I think an arbitration clause may work and be legal here. Most leases have clauses that state that the landlord is not responsible for the tenant's personal property. Whether this is in fact upholdable by the courts is questionable as there is an implied warranty of habitability. Most tenants believe that the landlord is not liable for damages to personal property if that is what the lease says.

  3. Personal injury:    This one is a doozy and way out of my league.  Can an arbitration clause be used to deal with slips and falls and other personal injury matters?  My gut instinct is NO.

Thoughts?

Harry

LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
[cid:606593014@17032011-2382]http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=1016157733

The attached prior discussion might be helpful. [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website<http://www.shutts.com/> ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com Sent: Thursday, March 17, 2011 10:19 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Arbitration Clauses in the residential setting I have a residential REIT client (apartment communities) who wants to place some arbitration language in his leases. 1. Security Deposits: I recommended against it as 83.49 clearly give the tenant the right to have access to the courts etc and for the small amount of security deposit disputes that end up in court with attorney representation of the tenant, by agreeing to arbitrate could actually increase the costs and frequency of disputes and mediators/arbitrators are not free. In other words, the system "ain't broke" let's not fix it. 2. Damages to personal property: We run into a lot of cases where the tenant's personal property gets damaged by flood, fire, mold, car is damaged by landscaper etc. I think an arbitration clause may work and be legal here. Most leases have clauses that state that the landlord is not responsible for the tenant's personal property. Whether this is in fact upholdable by the courts is questionable as there is an implied warranty of habitability. Most tenants believe that the landlord is not liable for damages to personal property if that is what the lease says. 3. Personal injury: This one is a doozy and way out of my league. Can an arbitration clause be used to deal with slips and falls and other personal injury matters? My gut instinct is NO. Thoughts? Harry LAW OFFICES OF HEIST, WEISSE, DAVIS & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. [cid:606593014@17032011-2382]<http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=1016157733>
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AC
Arlene C. Udick
Thu, Mar 24, 2011 5:05 PM

I have a client that executed a personal right to live contract in a
continuing care retirement facility.  The contract is clear that it is not a
lease nor an easement, I would describe it as a license.  There is a monthly
fee to live in one of the units.  There is also an Entrance Fee of almost
$400,000.00 of which he paid 10% when he signed the agreement.  The contract
was executed 1/30/2008.  There is no beginning date.  There might be
additional information that the client has not provided.

He was planning on paying the Entrance Fee with the proceeds from the sale
of his residence.  No surprise, his residence has not sold, despite being on
the market since 2008.  No contingencies.  He would like to cancel the
agreement.  There is a provision that allows him to cancel upon payment of
4% of the total Entrance Fee, which is deducted from his deposit.  This is
$16,000.

90% of the Entrance Fee is returned to him when he dies, or otherwise
cancels the agreement.  Now he wants out.  Could the argument of failure of
consideration work to void the contract?  He gets nothing in return for the
management holding or using those funds.  Your thoughts, please.  Thanks.
Arlene

Arlene C. Udick, Esq.

P.O. Box 2094

The Villages, FL 32158-2094

(O) 352-391-1888

(F) 352-391-9128

EMAIL CONFIDENTIALITY:  The information contained in this electronic message
may contain attorney-client privilege and confidential information intended
only for use of the owner of the email address listed as the recipient of
this message.  If you are not the intended recipient of this email message
you are hereby notified that any disclosure, dissemination, distribution, or
copying of this information is strictly prohibited.  If you have received
this email in error, please notify the sender by return email and/or by
telephone at 352-391-1888.

I have a client that executed a personal right to live contract in a continuing care retirement facility. The contract is clear that it is not a lease nor an easement, I would describe it as a license. There is a monthly fee to live in one of the units. There is also an Entrance Fee of almost $400,000.00 of which he paid 10% when he signed the agreement. The contract was executed 1/30/2008. There is no beginning date. There might be additional information that the client has not provided. He was planning on paying the Entrance Fee with the proceeds from the sale of his residence. No surprise, his residence has not sold, despite being on the market since 2008. No contingencies. He would like to cancel the agreement. There is a provision that allows him to cancel upon payment of 4% of the total Entrance Fee, which is deducted from his deposit. This is $16,000. 90% of the Entrance Fee is returned to him when he dies, or otherwise cancels the agreement. Now he wants out. Could the argument of failure of consideration work to void the contract? He gets nothing in return for the management holding or using those funds. Your thoughts, please. Thanks. Arlene Arlene C. Udick, Esq. P.O. Box 2094 The Villages, FL 32158-2094 (O) 352-391-1888 (F) 352-391-9128 EMAIL CONFIDENTIALITY: The information contained in this electronic message may contain attorney-client privilege and confidential information intended only for use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination, distribution, or copying of this information is strictly prohibited. If you have received this email in error, please notify the sender by return email and/or by telephone at 352-391-1888.
JM
Jeffrey Mazor
Thu, Apr 7, 2011 2:28 PM

I am working on a presentation for a Miami office building owner and manager
professional organizations. It will deal with the ADA, and focus on:

  •         what seems to be a renewed vigor in handicapped plaintiffs

bringing actions against buildings, and

  •         recent changes in the ADA.

Can anyone suggest some good panelists in these categories:

  •         Speaker from disabilities advocacy organization or an actual

plaintiff;

  •         Disabilities plaintiff's attorney;

  •         Disabilities defense attorney;

  •         Architect ADA expert.

Thanks,

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:      954-962-3560

Email:  Jmazor@Mazor.com

I am working on a presentation for a Miami office building owner and manager professional organizations. It will deal with the ADA, and focus on: * what seems to be a renewed vigor in handicapped plaintiffs bringing actions against buildings, and * recent changes in the ADA. Can anyone suggest some good panelists in these categories: * Speaker from disabilities advocacy organization or an actual plaintiff; * Disabilities plaintiff's attorney; * Disabilities defense attorney; * Architect ADA expert. Thanks, Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Phone: 954-962-3500 Fax: 954-962-3560 Email: Jmazor@Mazor.com
SW
Shane Weaver
Thu, Apr 7, 2011 2:41 PM

Jeffrey,

Matthew Dietz is probably the top FHA/ADA plaintiffs' attorney in the area. You can contact him at:

Law Offices of Matthew W. Dietz, P.L.

2990 Southwest 35th Avenue

Miami, Florida 33133

Telephone: (305) 669-2822

Facsimile: (305) 442-4181

Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 822-9885

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor
Sent: Thursday, April 07, 2011 10:28 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Arbitration Clauses in the residential setting

I am working on a presentation for a Miami office building owner and manager professional organizations. It will deal with the ADA, and focus on:

  •         what seems to be a renewed vigor in handicapped plaintiffs  bringing actions against buildings, and

  •         recent changes in the ADA.

Can anyone suggest some good panelists in these categories:

  •         Speaker from disabilities advocacy organization or an actual plaintiff;

  •         Disabilities plaintiff's attorney;

  •         Disabilities defense attorney;

  •         Architect ADA expert.

Thanks,

Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd.,  Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax:      954-962-3560
Email:  Jmazor@Mazor.commailto:Jmazor@Mazor.com

Jeffrey, Matthew Dietz is probably the top FHA/ADA plaintiffs' attorney in the area. You can contact him at: Law Offices of Matthew W. Dietz, P.L. 2990 Southwest 35th Avenue Miami, Florida 33133 Telephone: (305) 669-2822 Facsimile: (305) 442-4181 Shane Weaver, Esq. Legal Aid Society of Palm Beach County 423 Fern Street, Suite 200 West Palm Beach, FL 33401 Tel. (561) 822-9785 Fax (561) 822-9885 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor Sent: Thursday, April 07, 2011 10:28 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Arbitration Clauses in the residential setting I am working on a presentation for a Miami office building owner and manager professional organizations. It will deal with the ADA, and focus on: * what seems to be a renewed vigor in handicapped plaintiffs bringing actions against buildings, and * recent changes in the ADA. Can anyone suggest some good panelists in these categories: * Speaker from disabilities advocacy organization or an actual plaintiff; * Disabilities plaintiff's attorney; * Disabilities defense attorney; * Architect ADA expert. Thanks, Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Phone: 954-962-3500 Fax: 954-962-3560 Email: Jmazor@Mazor.com<mailto:Jmazor@Mazor.com>
HG
Haney, Gregory
Thu, Apr 7, 2011 3:42 PM

Jeffrey -

My partner, Jan Pietruszka, will contact you regarding potentially
contributing on the defense side of this.  He monitors ADA filings in
this area and I agree that they have been quite active on plaintiffs'
side.

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney@slk-law.com
http://www.slk-law.com/

IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey
Mazor
Sent: Thursday, April 07, 2011 10:28 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Arbitration Clauses in the residential
setting

I am working on a presentation for a Miami office building owner and
manager professional organizations. It will deal with the ADA, and focus
on:

  •         what seems to be a renewed vigor in handicapped plaintiffs

bringing actions against buildings, and

  •         recent changes in the ADA.

Can anyone suggest some good panelists in these categories:

  •         Speaker from disabilities advocacy organization or an

actual plaintiff;

  •         Disabilities plaintiff's attorney;

  •         Disabilities defense attorney;

  •         Architect ADA expert.

Thanks,

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:      954-962-3560

Email:  Jmazor@Mazor.com

Jeffrey - My partner, Jan Pietruszka, will contact you regarding potentially contributing on the defense side of this. He monitors ADA filings in this area and I agree that they have been quite active on plaintiffs' side. Gregory R. Haney Attorney at Law Shumaker, Loop & Kendrick, LLP Bank of America Plaza 101 East Kennedy Boulevard Suite 2800 Tampa, FL 33602 813.229.7600 813.227.2277 direct 813.229.1660 fax ghaney@slk-law.com http://www.slk-law.com/ -------------------------------------------------------------------------- IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action. Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor Sent: Thursday, April 07, 2011 10:28 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Arbitration Clauses in the residential setting I am working on a presentation for a Miami office building owner and manager professional organizations. It will deal with the ADA, and focus on: * what seems to be a renewed vigor in handicapped plaintiffs bringing actions against buildings, and * recent changes in the ADA. Can anyone suggest some good panelists in these categories: * Speaker from disabilities advocacy organization or an actual plaintiff; * Disabilities plaintiff's attorney; * Disabilities defense attorney; * Architect ADA expert. Thanks, Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Phone: 954-962-3500 Fax: 954-962-3560 Email: Jmazor@Mazor.com
JM
Jeffrey Mazor
Tue, May 17, 2011 6:02 PM

Thanks, Shane. Matthew has kindly agreed to be on our panel, and I'm looking
forward to it.

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:      954-962-3560

Email:  Jmazor@Mazor.com

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Thursday, April 07, 2011 10:41 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Arbitration Clauses in the residential setting

Jeffrey,

Matthew Dietz is probably the top FHA/ADA plaintiffs' attorney in the area.
You can contact him at:

Law Offices of Matthew W. Dietz, P.L.

2990 Southwest 35th Avenue

Miami, Florida 33133

Telephone: (305) 669-2822

Facsimile: (305) 442-4181

Shane Weaver, Esq.

Legal Aid Society of Palm Beach County

423 Fern Street, Suite 200

West Palm Beach, FL 33401

Tel. (561) 822-9785

Fax (561) 822-9885

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor
Sent: Thursday, April 07, 2011 10:28 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Arbitration Clauses in the residential setting

I am working on a presentation for a Miami office building owner and manager
professional organizations. It will deal with the ADA, and focus on:

  •         what seems to be a renewed vigor in handicapped plaintiffs

bringing actions against buildings, and

  •         recent changes in the ADA.

Can anyone suggest some good panelists in these categories:

  •         Speaker from disabilities advocacy organization or an actual

plaintiff;

  •         Disabilities plaintiff's attorney;

  •         Disabilities defense attorney;

  •         Architect ADA expert.

Thanks,

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:      954-962-3560

Email:  Jmazor@Mazor.com

Thanks, Shane. Matthew has kindly agreed to be on our panel, and I'm looking forward to it. Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Phone: 954-962-3500 Fax: 954-962-3560 Email: Jmazor@Mazor.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver Sent: Thursday, April 07, 2011 10:41 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Arbitration Clauses in the residential setting Jeffrey, Matthew Dietz is probably the top FHA/ADA plaintiffs' attorney in the area. You can contact him at: Law Offices of Matthew W. Dietz, P.L. 2990 Southwest 35th Avenue Miami, Florida 33133 Telephone: (305) 669-2822 Facsimile: (305) 442-4181 Shane Weaver, Esq. Legal Aid Society of Palm Beach County 423 Fern Street, Suite 200 West Palm Beach, FL 33401 Tel. (561) 822-9785 Fax (561) 822-9885 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor Sent: Thursday, April 07, 2011 10:28 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Arbitration Clauses in the residential setting I am working on a presentation for a Miami office building owner and manager professional organizations. It will deal with the ADA, and focus on: * what seems to be a renewed vigor in handicapped plaintiffs bringing actions against buildings, and * recent changes in the ADA. Can anyone suggest some good panelists in these categories: * Speaker from disabilities advocacy organization or an actual plaintiff; * Disabilities plaintiff's attorney; * Disabilities defense attorney; * Architect ADA expert. Thanks, Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Phone: 954-962-3500 Fax: 954-962-3560 Email: Jmazor@Mazor.com
HH
Harry Heist
Thu, Jun 30, 2011 8:32 PM

Is anyone in the group interested in a blatant Fair Housing Violation by a
condo assn? Condo is in Bradenton. These associations are out of control and
need to be sued.

See below from a client:

I have an owner wanting me to rent and manage a unit in a condo development
called XXXXXXX. Their condo docs explicitly state that children under the
age of 16 are not permitted to live in certain sections of the community -
see attached.

Upon talking with XXXXXXXX of XXXXXX XXXXXX Management Services, she
confirmed the rule and stated that the condo association could write
anything they wanted to into their rules.  I told her it was, in my opinion,
a complete breach of fair housing and I got her permission to have you give
her a call -

LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

Is anyone in the group interested in a blatant Fair Housing Violation by a condo assn? Condo is in Bradenton. These associations are out of control and need to be sued. See below from a client: I have an owner wanting me to rent and manage a unit in a condo development called XXXXXXX. Their condo docs explicitly state that children under the age of 16 are not permitted to live in certain sections of the community - see attached. Upon talking with XXXXXXXX of XXXXXX XXXXXX Management Services, she confirmed the rule and stated that the condo association could write anything they wanted to into their rules. I told her it was, in my opinion, a complete breach of fair housing and I got her permission to have you give her a call - LAW OFFICES OF HEIST, WEISSE, DAVIS & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
SW
Shane Weaver
Thu, Jun 30, 2011 8:58 PM

Harry,

I've forwarded your e-mail to Matthew Dietz, who I think will be interested in handling it. Assuming he is, he should be contacting you shortly. Unfortunately, my office is constrained to Palm Beach County.

Thank you,
Shane

Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 822-9885

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, June 30, 2011 4:32 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Condo Assn FH Violation

Is anyone in the group interested in a blatant Fair Housing Violation by a condo assn? Condo is in Bradenton. These associations are out of control and need to be sued.

See below from a client:

I have an owner wanting me to rent and manage a unit in a condo development called XXXXXXX. Their condo docs explicitly state that children under the age of 16 are not permitted to live in certain sections of the community - see attached.

Upon talking with XXXXXXXX of XXXXXX XXXXXX Management Services, she confirmed the rule and stated that the condo association could write anything they wanted to into their rules.  I told her it was, in my opinion, a complete breach of fair housing and I got her permission to have you give her a call -

LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

Harry, I've forwarded your e-mail to Matthew Dietz, who I think will be interested in handling it. Assuming he is, he should be contacting you shortly. Unfortunately, my office is constrained to Palm Beach County. Thank you, Shane Shane Weaver, Esq. Legal Aid Society of Palm Beach County 423 Fern Street, Suite 200 West Palm Beach, FL 33401 Tel. (561) 822-9785 Fax (561) 822-9885 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Thursday, June 30, 2011 4:32 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Condo Assn FH Violation Is anyone in the group interested in a blatant Fair Housing Violation by a condo assn? Condo is in Bradenton. These associations are out of control and need to be sued. See below from a client: I have an owner wanting me to rent and manage a unit in a condo development called XXXXXXX. Their condo docs explicitly state that children under the age of 16 are not permitted to live in certain sections of the community - see attached. Upon talking with XXXXXXXX of XXXXXX XXXXXX Management Services, she confirmed the rule and stated that the condo association could write anything they wanted to into their rules. I told her it was, in my opinion, a complete breach of fair housing and I got her permission to have you give her a call - LAW OFFICES OF HEIST, WEISSE, DAVIS & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
HW
Heist, Weisse & Wolk
Tue, May 14, 2013 6:52 PM

One of my clients made a $900 a month mistake on a lease renewal. Total
scrivener's error and tenant is taking advantage of it.  I told client to
return the $900 which has half what the rent was supposed to be.

Email me if any interest in filing a reformation of contract case in Tampa
area.

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

One of my clients made a $900 a month mistake on a lease renewal. Total scrivener's error and tenant is taking advantage of it. I told client to return the $900 which has half what the rent was supposed to be. Email me if any interest in filing a reformation of contract case in Tampa area. Harry Heist LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
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