Video Summary


Do I need a lawyer to establish an LLC in Florida?  The answer to that is no.

 

You can go on the Secretary State’s website and it’s very easy to establish an LLC.  However, the problem with that is once that you establish it, who is the owner of this LLC, what you need to go along with your LLC is what they call an operating agreement, which sets forth who the members are and their particular percentage interest.  It’s analogous to having a corporation and you don’t have any shareholders, so who owns the corporation?  So it’s easy enough to set one up.  However, who owns it once you have it established, who are the members, and so that’s where you do need a lawyer to set up an operating agreement designating who are the members, which is the membership interest in the LLC.

 

 

So if you would like me to set up an LLC or prepare an operating agreement for you, give me a call at (727) 847-2288.  Thank you.

 

Video Summary


Are there any Florida laws involving pets that I should be aware of as a new property owner?  Well, the only time you need to worry or be concerned about the Florida laws is if you’re on a gate-restricted community or on a condominium, and under those rules and regulations or the restrictive covenants of the Homeowner’s Association or the declaration of condominium, they may have some restriction as far as pet ownership is concerned, the size of the dog, the type of the dog, the type of the pet that you may have.

 

If you own your property and you don’t have a mortgage on it or even if you have a mortgage on it, that’s not determinative, there’s no restrictions as far as your ownership is concerned.  However, you do need to be concerned about your insurance.  Your insurance company may not write your insurance if you have what they consider a dog that may be considered a liability, such as a German Shepherd, Doberman Pinschers, Pit Bulls, and dogs of that nature, whether or not they are in fact dangerous or not, they may have a problem – you may have a problem in getting insurance ’cause they may ask you whether or not you have a pet.

 

But if you own cash and not worried about or even with a mortgage or – and it’s not in a condominium or there’s no restrictive covenants, there’s no laws that have anything to do with Florida laws of having anything to do with your pets.  I would tell you though with – there is zoning requirements if you consider a pet a horse or livestock or chickens and poultry and things like that, there may be some zoning, local zoning, ordinances that prohibit the maintaining of horses or livestock.  But if you want to keep the pet inside your home, there’s no restrictions as to your ability to maintain or have a pet in your home.

 

 

So if you have any questions about that, then give me a call at (727) 847-2288.

Video Summary

 

After a Notice of Commencement has been signed, can you change your contractor?  The answer is yes; however, it is circumstances surrounding changing your contractor is what’s critical.

If you change it before you go in to get your building permits, or while you’re getting building permits under a different contractor, well then you will simply prepare an Amended Notice of Commencement before you ever start work.  If however you terminate your contractor, well then you’ve got to through a termination process as far as terminating the contractor and simply filing an amendment as your Notice of Commencement is concerned.  So yes, you can.  It is somewhat difficult to do.  And usually involves discharging a contractor and then filing a Notice of Recommencement under a – filing a Notice of Recommencement to start your work.  So I guess the best way to say this you can, but you need to do it very carefully, and what the circumstances would be.  So if you have any questions about your Notice of Commencement well give me a call at 727-847-2288.

 

Video Summary

 

Am I required to allowed unattended access inside my home by my contractor?  The answer to the question is no; however, you need to look at the consequences and are you there, or someone there at every day to provide him access.

 

Because your contractor’s gonna want to be able to get in there and get the job done.  And so he’s not gonna want to have to wait until you’re at home or whatever.  Of course, if you have a contractor that hadn’t shown up, and he wants to show up every three of four weeks, well it sounds like you need to get rid of your contractor and get someone else.  But you could probably write into the contract that says that he is – that you will be available or negotiate that on the front end.  And particularly if you’re doing a remodeling and you’re living there in your home, the answer to the question is no.

 

However, it may impeded the progress of your job.  But my experience says, well, that hadn’t been a problem you being there to allow him access, it’s been a problem of him not showing up, and then him wanting to show up whenever he wants to and then complain that he couldn’t get in to do the work.  So it sounds like a problem between the owner and the contractor, and sounds we need to get a new contractor and go through that process rather than talking about access to the home.

 

So if you have any questions about your construction contract and your contractor, well give me a call at 727-847-2288.

 

Video Summary


Do I have any recourse in obtaining a home warranty that was promised by never delivered by my contractor?  The answer to the question is yes, if that’s part of the contract and they don’t deliver it, you’re entitled to sue them for breach of contract and what your damages are.

 

The problem is, is measuring your damages and what it will cost you to obtain that warranty through another source, or whoever it was going to be issued through.  So it’s a question of coming up with the measure of your damage as far as getting the home warranty contract.  Any time you have a breach of contract by your contractor, the first thing that I will advise if you call me about the problem, is call in another contractor, ask him to advise you how much it’s going to cost to complete the job that you contracted for.  And so then we take his costs, add it to what you’ve already paid to the contractor, and then subtract the total contract price to see what your damages may be.  In the case of a home warranty, that will be interesting to see if another contractor would be able to issue that home warranty and then assigning a value to it as far as your damages are concerned.  A tough question, not a very good answer.  But it is what it is.  So if you have any questions about your contractor and your home warranties, well call me at 727-847-2288.