Latest Blog Posts

How to Recover Compensation After a Sidewalk Accident in Florida

Though we do not traditionally think of sidewalks as inherently unsafe, when improperly managed or maintained, they can become very serious safety hazards. Inadequate lighting, standing water, loose debris, and other surface problems cause thousands of accidents nationwide, every single year. If you were injured in a sidewalk accident and are now seeking financial compensation, […]
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Suing Drunk Drivers for Negligence in Florida

Every year, drunk drivers are responsible for about 10,000 deaths nationwide. This number is unacceptable. Drunk drivers suffer from an inherent loss of coordination, which is further compounded by a marked decrease in decision-making skills, so very often, these accidents cause even more damage due to speeding or reckless driving. Those injured in drunk driving […]
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How do I Recover Compensation After a Truck Accident in Florida?

Our country is dependent on truck drivers. Businesses, including supermarkets, shopping malls, and more need truck drivers to arrive on time, with their merchandise intact. Additionally, truck companies and employers demand truckers drive long hours, sometimes working up to 70 hours in the week–much longer than most Americans. All this combined with the expectation that […]
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Condominium & Homeowner Association Emergency Powers to Address Hurricane Dorian

Associations have emergency authority to deal with the aftermath of this storm. Section 718.1265 Florida Statutes grants condominium association emergency powers, and Section 720.316 grants similar authority to homeowner associations. The special authority becomes effective upon the declaration of a state of emergency by Florida’s Governor. To exercise these powers, the property governed by the […]
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Barry Ansbacher Achieves Third Board Certification by Florida Bar

Barry Ansbacher was recognized as a Board Certified Specialist in Condominium and Planned Development Law by The Florida Bar on June 1, 2018. Condominium and Planned Development Law is the practice of law that involves serving as the attorney to community associations, property owners, sellers, purchasers, developers, lenders, governmental agencies, drafting governing documents, construction liens, […]
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Future Losses: Understanding the Lasting Impact of Car Accident Injuries

While most car accident victims are understandably concerned about their immediate circumstances, the greatest losses from accident-related injuries typically come in the future. From ongoing medical expenses to chronic pain and suffering, the lasting consequences of a personal injury from a car crash can be substantial, and they are among the primary reasons why all […]
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What Contractors Need to Know about Enforcing Construction Liens in Florida

While construction liens offer contractors the opportunity to ensure that property owners pay for labor and materials, enforcing a construction lien requires careful drafting and strict compliance with a long list of statutory rules and requirements. With even simple mistakes having the potential to extinguish contractors’ lien rights, all contractors should take appropriate steps to […]
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5 options if you are an accident victim and the driver does not have insurance.

What are your rights if you were injured in an auto accident involving an uninsured or underinsured motorist? Unfortunately, this is an all-too-common question here in Florida, where we have the nation’s second-highest rate of uninsured drivers. Orange Park personal injury attorneys at Ansbacher Law have some suggestions on how you can still achieve a […]
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Victims of Social Media: What to Do When You Are in a Crash is Caused by a Distracted Driver

If you were injured in an accident caused by a distracted driver, you are not alone. According to data from the National Highway Traffic Safety Administration (NHTSA), there are close to 400,000 distracted driving accidents in the United States each year. One of the most prevalent – and the most dangerous – forms of distracted […]
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Florida Developer Petitions Supreme Court for Review of Takings Case Involving Permit Denial

Under the law of eminent domain, there are limits on the government’s power to take private property for public use or public benefit. What constitutes a “taking” is far broader than the word implies, and fully condemning a parcel of land is not necessary to implicate property owners’ Constitutional rights. Many “takings” cases arise out […]
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Clay County, Florida Auto Accident Statistics: 2017

Serious auto accidents happen every day. Across Florida, there are hundreds of thousands of crashes every year, with roughly 40 percent involving injuries or fatalities. Florida has one of the highest auto accident rates in the nation, and it has the country’s highest rate of motorcycle accident fatalities. Although Clay County’s accident rate is slightly […]
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“Pay-If-Paid” and “Pay-When-Paid”: What Do They Mean and Why Does It Matter?

Contractors frequently hire subcontractors to perform many aspects of a construction project. In some cases, all of the work is performed by subcontractors. In order to pay the subcontractors for their work and materials, the contractor typically anticipates receiving payments from the owner for the work performed. Contractors will sometimes seek to transfer the risk […]
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8 Most Common Causes of Construction Injuries and Fatalities

Working in construction is one of the most-dangerous occupations in the United States. According to the U.S. Occupational Safety and Health Administration (OSHA), approximately one out of every five work-related deaths occur in the construction industry, and an unknown number of construction workers are seriously injured in accidents every year. Why is working in construction […]
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Top 7 Safety Tips for Motorcyclists

While motorcycles are fun and fuel-efficient, they are, statistically speaking, much more dangerous than cars. The Insurance Institute for Highway Safety estimates that motorcycle crashes are about 30 times more likely to be fatal than a car crash. Even more alarming is the fact that motorcycle injuries and deaths are going up, not down. Motorcycle-related […]
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How Are Lost Future Earnings Calculated?

In a personal injury claim, the injury victim or plaintiff typically seeks compensation for various types of damages caused by the defendant’s negligence (e.g., medical expenses, pain and suffering, loss of income while injured). One of the most important categories of damages in these cases is lost future earnings (sometimes called lost future earning capacity). […]
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Understanding Rent Provisions in a Commercial Lease

Commercial leases are lengthy, complicated documents and the sections about rent can be particularly confusing for a prospective tenant. To avoid unpleasant surprises and unexpected expenses during your lease term, you need an experienced real estate lawyer who fully understands these intricate contract provisions and knows how to negotiate them with landlords and management companies. […]
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Florida Eminent Domain Law 101

Eminent domain, sometimes referred to as condemnation, is the government power to take private property. This power requires the government to prove that the taking is for a public purpose (e.g. building a road) and to pay fair compensation to the landowner. In many instances tenants are also entitled to compensation in addition to the […]
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Who Owns a Road?

A Florida appellate court recently attempted to answer that question. In Mathers v. Wakulla County, Case No. 1D16-0582 (Fla. 1st DCA, May 2, 2017), the appellate court heard a dispute regarding whether a quarter-mile strip of a dead-end gravel road was a private or public road. A dispute arose between two neighbors involving use of […]
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What you need to know about St. Johns County Ordinance 5.03.02H

Current St. Johns County ordinances require, under most circumstances, that homeowners obtain architectural review and approval from their community association before a building permit is issued by the County. This good law has benefitted both homeowners and the community associations. Homeowners who are unfamiliar with the covenants, or perhaps the unwary victim of an unscrupulous […]
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Today is the Deadline to Register Florida Homeowner Associations with Division of Florida Condominiums, Timeshares, and Mobile Homes

The Florida Legislature amended Chapter 720 Florida Statutes this year to require registration of every Florida community association. The law requires the community association manager to file the registration no later than November 22, 2013.If an association does not use …
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Land purchase: it’s not a simple process

(Story as it appears in Realty/Builder Connection) The National Association of Realtors’ “Home Ownership Matters” bus tour made a stop in Jacksonville last month and was parked outside the Jacksonville Marriott for the NEFAR meeting. The bus tour started in March and will run through November. It’s stopping at association meetings and consumer shows, and a team from NAR is available to talk about the value of home ownership.
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Legislative Tracking Chart

The 2011 Florida Legislature gets underway. We will track legislation of interest during the course of the session. Our Legislative Tracking Chart will be updated approximately once a week to reflect the progress of the bills through the Florida House and Senate. Links on the chart will direct you to the bill text and to analysis of each bill prepared by legislative staff.
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Association Wins Battle Against Bank

Interesting case reported from Southwest Florida appeal. The mortgage lender filed a lawsuit attempting to foreclose a mortgage. The community association successfully challenged the lawsuit due to the bank’s inability to show is was the proper holder of the mortgage. On appeal, the homeowners’ association also obtained an award of its attorneys’ fees. The case illustrates the importance of carefully reviewing each case filed by a bank attempting to foreclose an association’s lien rights and when appropriate to aggressively challenge the lawsuit.
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Ansbacher Lectures at Civic Association Roundtable

Barry Ansbacher delivered a lecture on How Homeowners Associations Can Deal with the Impact of Short Sales and Foreclosures to the St. Johns County Civic Association Roundtable. The speech was delivered on February 14, 2010. The Roundtable consists of over 30 civic groups and homeowners associations representing a population of approximately 40,000 members. The Roundtable has been active since the 1980’s.
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Ansbacher Quoted in “This Old House”

15 Trade Secrets No Broker Will Tell You In much of the country, real estate brokers provide a form document for both buyers and sellers to sign when a sale goes into contract. These printouts often include a provision known as a Disclaimer of Promises, which states that the buyer is not relying on any verbal statements of the seller or real estate agent. “In reality,” Florida attorney Ansbacher says, “the buyer typically relies almost exclusively on such promises.”….
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