OLG News - The Orlando Law Group

Emotional Support Animals & Community Association Rules: What Does the Law Say?

All posts, Blog, Condominium Owners Association (COA), Home Owners Associations (HOA), Real Estate

Many Community Associations adopt rules and restrictions to limit pets within a community. When purchasing a home, this can be especially appealing to those who suffer from allergies, those that have animal phobias, or those who just simply dislike animals in general because of the noise they make or the mess they sometimes leave behind.

However, it has been well established that service animals, “trained to do the work or perform a task for an individual with a disability, whether physical, sensory, intellectual, or other,” cannot be kept out of a community based on a Community Association’s “pet restriction policy.” This is because the Fair Housing Act, which was adopted in 1968, was modified in 1988 to include persons with disabilities as a protected class. In summation, the Act states that no person can discriminate against another with a disability when renting, buying, or selling a house. Since the service animal is an accommodation for the disability, not allowing the animal would be considered discrimination. Also, since the Fair Housing Act is a federal law, this law supersedes any rules and regulations or any restriction within the declaration of the Association.

THE DIFFERENCE BETWEEN A SERVICE ANIMAL AND AN EMOTIONAL SUPPORT ANIMAL

The next question to consider is if there is a difference between a service animal and an emotional support animal. The answer is yes! Service animals require a high level of training and are typically trained to provide specific tasks for their owner. Emotional support animals on the other hand do not require any specific training. Their sole purpose is to provide, as their title suggest, “emotional support.” Service animals are easy to identify as they tend to be dogs and perform very specific tasks such as seeing eye dogs that provide guidance for the blind. However, with emotional support animals, Community Associations continue to see an increasing number of owners who claim to need emotional support animals with no outward demonstration of a need for support nor the animals demonstration of anything other than being a household pet.

This has left most Associations asking the quintessential question, “what criteria do we use to validate any claim from an owner as to the need for an emotional support animal or animals in some cases?” This is a difficult question to answer and has become a much-abused provision of the law in recent times.

THE AMERICANS WITH DISABILITIES ACT

But we are not without any legal support. The law does provide Associations with some guidance. The Americans with Disabilities Act limits support animals to dogs and miniature horses. The law also imposes penalties for false claims, although we do warn Associations that it is very difficult to prove such a claim. Associations can also require supporting documentation from an authorized physician or therapist stating the need for the animal. The law protects an individual’s right to privacy as to their specific disability but does not prevent an Association’s right to request proof of the need for an emotional support animal or the need for multiple animals if the case presents itself. The Association can also adopt reasonable rules that the owners must follow so that these animals do not interfere with the peaceable enjoyment of the community by the rest of the residents. For example, one such rule could include that all emotional support animals must always be on a leash when outside an owner’s residence or fenced in yard. Another rule could be that all owners are responsible for picking up after their animals and properly discarding all animal waste.

NAVIGATING THE FINE LINE

There is no denying that animals definitely provide therapeutic healing for those who need it. However, more often than not, we have seen many owners try to get their pets into communities that have “no pet” polices under the guise of them not being a pets but rather emotional support animal with a certificates printed off the internet. This has, in turn, created a very negative connotation and atmosphere surrounding emotional support animals.

As a community, we cannot let the selfish acts of some affect the true medial needs of others. So, Associations can arm themselves by knowing the laws regarding emotional support animals, require owners to provide proper documentation and implementing reasonable rules and regulations for emotional support animals within your community. This will allow those who truly need the support of a fury friend to receive the aid they need and hopefully deter others from violating the laws and instead choose to live in a pet friendly community instead.

July 24, 2020/by The Orlando Law Group

CDC Guidelines for Businesses Grappling with COVID-19

All posts, Coronavirus, COVID-19, Employment Law

With the world of change that we have been afforded, it is very easy to feel inundated with information regarding COVID-19. Businesses are clamoring for data that is not only useful, but also valid and from a source they can trust. The CDC has released a document detailing information that will help you understand practical protocols when someone has tested positive or could be a potential carrier of the Coronavirus, and we have broken that document down for you.

We at The Orlando Law Group understand that each business is unique, and the handling of an office may differ than the response of a restaurant. A plan that involves CDC Guidelines is a perfect defensive strategy in terms of keeping your employees confident and safe, your customers comfortable with how you are reacting, and your liability very low. You may never be sued over someone catching COVID-19 at your establishment, but not following proper guidelines could land you in a world of social media slandering that you could have preemptively avoided if you had utilized these methods of protocol.

What qualifies as exposed to the virus?

We have all seen the social media posts or heard whispers from our “In the know” neighbors saying, “Did you know someone tested positive at that location.” CDC guidelines state that persons deemed “exposed” are those who have been within 6 feet of a Positive Covid-19 person for more than 15 minutes.

What happens if an employee has been exposed to COVID-19?

If an employee has been in direct contact with a Positive COVID-19 employee, but is asymptomatic and has not been tested, they will need to quarantine from the date of exposure for 10 days. If symptoms appear within 10 days of isolation, a symptom-based strategy will implore an employee to not report back to work unless they are asymptomatic and without medication for symptoms.

What if an employee tests positive?

If an employee does test positive, then that employee will need to quarantine for ten days from the date of their positive test. After this, they will need to show that they have recovered fully from the effects of the virus. The CDC recommends that businesses take action if an employee has tested positive. Shutting down indefinitely is the last option you want to take, but there are many precautionary steps you can achieve that will put your customers at ease. If it has been less than 7 days since the sick employee went home, it is a good idea to close off any areas or stations where that employee might have spent a prolonged period of time working at. That employee should not return to work until they are in full recovery.

What defines recovery from the coronavirus?

In order to show recovery from the coronavirus, the employee will need to retest two more times, greater than or equal to 24 hours apart, in order to show that they have received two tests that were negative before returning to work. At least three days need to have passed since recovery, which is defined as resolution of fever without the use of fever-reducing medications and improvement in respiratory symptoms. One important aspect to remember is that, if an employee has visited a physician for care, the physician’s requirements supersedes the CDC guidelines.

What actions should you take to disinfect the store?

The CDC recommends waiting 24 hours before cleaning and disinfecting. This will minimize other employees being exposed to respiratory droplets. It is the best practice to open doors to the outside in order to allow as much air flow as possible during this 24-hour waiting period. If 7 days have passed since the employee that is sick has worked there, additional cleaning is not necessary outside of the usual routine process of cleaning and disinfecting of all high-touch surfaces in the facility.

What is the proper way for our business to fully disinfect?

It is very important to clean surfaces with soap and water before disinfecting them. When disinfecting surfaces, the CDC recommends using products that meet the EPA criteria for use against SARS-Cov-2, the virus that causes COVID-19. Make sure to wear gloves and gowns that will protect you while you use these chemicals to clean. If you want to make the cleaning process more thorough, the CDC recommends hiring a cleaning company. Reach out to us on our Facebook, and we can recommend the one that we used.

Requiring current employees to get tested for COVID-19

Subject to the rules of the federal Americans with Disabilities Act (ADA) and similar state laws, requiring someone to get tested for the coronavirus is not in accordance with the law unless a manager must do so to preserve the safety of the workplace as well as the ability for that employee to perform their job. The EEOC has recently detailed that those with the virus, “will pose a direct threat of others.” When deciding to test, the CDC recommends using a resource that is accurate and reliable by checking the U.S. Food and Drug Administration and other public health authority websites for the latest information, including their own.

Should we close the Business?

The CDC has made it up to the store’s discretion as to whether they should close. We are certain that businesses will work hard to maintain safety protocols and keep their facilities clean. It is very important to remember that, beyond anything else, you are not alone in this. With change always comes discomfort, and it is going to take a long time to adjust to the differences of these new conditions. When the world changes, we must change with it.

The Orlando law Group is here for you. We take each conversation, each client, and each situation as they are presented to us. If you are looking for updates on COVID-19, make sure to check out our Coronavirus Legal Update Panel. We know that no two circumstances are exactly alike, and there may still be lingering questions you want answered. We will figure this out together one day at a time, doing the best we can for those we care about.

Stay focused, stay safe, and if you ever have questions, The Orlando Law Group is here to help. Never hesitate to reach out to us.

July 20, 2020/by The Orlando Law Group

You Should Never Make These Real Estate Mistakes

All posts, Business Law, COVID-19, Real Estate

The Real Estate industry is filled with victories, losses, and mistakes. The fact that there are so many Realtors and so much business being conducted means that there is a high propensity for ingenuity as well as massive opportunities for pitfalls. You may have passed the Real Estate exam, and you may have a handful of experience on your resume, but that does not mean you have experienced it all. That does not mean that you are infallible. Whether you’re a Realtor working in the industry for the first time helping someone sell their home and upgrade or a seasoned investor looking to gain your next big investment property, these are great reminders of what not to do.

Over the years, many real estate and small business owners across the U.S. have witnessed numerous mistakes that have cost them thousands of dollars in overpaid taxes. We at The Orlando Law Group do not want that to be you (if it ever is call us). We want you to have a deep understanding of the mistakes people make before you must litigate. If you are looking to invest or simply finding ways to run your business like a business, never make these Real Estate mistakes:

Personal funds used for business and real estate expenses are nondeductible

If you are going to use your own personal funds to pay for real estate or business-related expenses, it is important that you are clearly tracking the expenses. Any expenses that are incurred for the business or for real estate are generally deductible, even if you use your personal money. The line between the two should be quite bold, and there should be distinct differences between personal finances and business finances. We have all heard of

Overpaying (Tipping) the IRS will make me “Audit Proof”

Rather than go over, or under, when dealing with taxes it is best to get it right. Err on the safe side and always pay exactly what you owe to the IRS. If you constantly under pay your taxes or cannot substantiate your deductions, then the IRS starts to take notice.

Even if you tip the IRS in one area, it does not necessarily mean the IRS will not make you pay penalties if you underpay in another area. Additionally, it is important for you to make sure to track everything correctly and have the right documentation. To ensure this, it would be best to have a knowledgeable tax advisor to help you with the process.

You are allowed more deductions by being incorporated

If you have a legal entity to operate your real estate business from, make sure to use it correctly. Forming a legal entity does not actually mean that you get more tax deduction. Real estate or business-related expenses may be deductible regardless of where it is paid from. Make sure that your income is being paid to your legal entity. If you need help setting one of these up, we are here to assist you. So many individuals think that they can run a business without being incorporated, but there are real advantages to going through the necessary steps. We can show you how.

Utilizing the Home Office Deduction Incorrectly

Currently, the above statement no longer applies. In fact, since there are so many people that work from home, the IRS cannot audit all tax returns claiming home office deduction. The key is to keep excellent records to satisfy the IRS’s requirements and you should avoid an audit. Make sure to benefit from the home office deduction, and if you have any questions about grey areas, reach out to us. We have worked with many individuals who run their business from a home office, some for many years of their life.

Claiming Deductions That Are Out of the Scope of Your Business

There are still ways to claim many deductions from your real estate business even if you do not take the home office deduction. Some of the items that you can still take deductions for include: real estate maintenance supplies, business-related phone bills, travel expenses, wages paid to contract workers for property improvements, depreciation of equipment used, and other home-based related expenses. Claiming items on your deductions can sometimes be treated like an art rather than a science. We recommend having a scientific, consistent, and tested approach. Never make assumptions by yourself, and include others’ perspectives to make sure you’re claiming the right items.

Filing an extension gives you an extension to pay any taxes owed

Even though filing an extension allows you to extend the filing date of your tax return, it does not extend the time you have to pay the taxes that are due. You still might be charged penalties and interests from the date your taxes are due if you have not submitted them on time. Make sure you set a schedule and keep to that schedule. If you need to, set reminders. Have business partners hold you accountable, and do not let taxes owed build up over time.

You Cannot Deduct General Expenses

Real estate investors have proven to be great at deducting property specific expenses such as mortgage interests, management fees, property taxes, and insurance. However, a lot of investors miss out on general and overhead expenses that real estate businesses have. These include car or travel expenses, marketing expenses, cell phones, and meals. If these expenses are directly related to your business, then they can be deducted. The key is having them planned and managed. With a good budget and great records, you will be able to successfully communicate where your business falls in terms of deductions.

Everyone is used to filing taxes every year, but big businesses try to look at their expenses quarterly. Attaining tracking practices that will maintain good habits and records is vital to understanding what occurs financially over time. Without systems and processes that you hold onto, it becomes easy to have details fall through the cracks.

We at The Orlando Law Group want you to stay aware of the mistakes that others often make. They may seem simple, but when you are running your business, it is easy to get lost in the day-to-day tasks and forget about these overarching items. As always, when there are grey areas involved, it is best to consult a legal professional. We take taxes seriously, and so will the government. We have seen cases where, if the business had been more preemptive and planned better, they would not be in the middle of an audit. This is only meant to encourage you to have a plan, know the pitfalls, and when you need advice, call us. We want to help, and we are here to make your life easier and your business that much better.

July 17, 2020/by The Orlando Law Group

Commercial Leases: What You Need to Know Right Now

All posts, Business Law, COVID-19, Real Estate

Courts have been slow to reopen and deal with eviction issues. Commercial lease evictions are able to continue, but practically they will still take time to get through the courts, so now is the time to try to work things out if possible to save time, money, and stress. Some considerations to think about with your commercial lease are as follows:

Considering How Shopping Center Commercial Leases are Unique

The fact that shopping center leases have co-tenancy provisions makes them unique and could grant tenants more options in court. The goal of this co-tenancy is to ensure that stores do not miss out on opportunities because other stores are closing and causing a continual downswing in foot traffic. In terms of the battle between landlords and tenants, tenants may have a potential argument that the landlord has not fulfilled its co-tenancy obligation.

It is important to note that one of the factors that many tenants’ arguments will stand upon is whether COVID-19 indeed prevented them from paying their rent. One of the considerations that many landlords are taking is the potential to fill the spot that would be left vacant.

Factors that will affect such decisions include supply and demand as well as how desirable the location is. It may even be more advantageous for landlords to settle disputes out of court, but we are certain once the moratoriums subside, the courts will see an influx.

What Exactly Is Co-tenancy and How Could It Apply?

When more than one entity has an interest in a property, co-tenancy agreements usually apply. In commercial property, many times increased traffic will cause businesses to be more successful over time. The inverse is true as well, with businesses that are forced to shut down causing damage to the potential of the stores that are left.

Many times, to assist with the finances of these stores, landlords will lessen the rent of the co-tenants. It is all up to the landlord and the documents that the businesses signed when they first decided to become situated in that location.

Complicating matters more is the fact that PPP Assistance may give a business the appearance of operating at a standard level when foot traffic is drastically lowered because of rising positive COVID-19 tests.

With a lack of pandemic provisions written into leases, landlords and tenants are having to get creative with the options that they are afforded. Co-tenancy has often been used to help businesses that are suffering due to the lack of success from an adjacent commercial listing.

However, what happens when an external factor is causing many of the businesses to suffer? It may just be that a battle is looming on the horizon between landlords and tenants, and every month we get a little bit closer to that battle becoming our reality.

What Options do Landlords Have?

Although landlords are in a predicament when it comes to shouldering tenants that are not paying rent, there are many points to take into consideration before filing for eviction.

For the high-end shopping centers, they may have the footing to stand on, mainly because filling the empty location will not be as difficult. For areas with less foot-traffic, landlords may be encouraged to work with their tenants.

Depending on the language found in the contracts signed between the owner and the occupant, some owners have been able to offer concessions to assist their tenants during this time; however, many are not going to be able to make such offerings.

Some have speculated that eventually, owners may turn to lenders to try and gain permission to offer concessions. The fact remains that all three parties are in a mode of cautious speculation over what options they may have to maintain some semblance of the bottom line when it comes to their businesses.

Although insurance does not usually cover pandemics, that could change down the line. Lenders are looking at options that involve insurance that would help landlords and, in turn, help their tenants through difficulties that are out of their control, such as a pandemic.

An important factor is assistance afforded by the PPP loans from the Cares Act. Even with an extension and another assistance check, the potential ending point could be early August when the program is set to expire.

We could be looking at many agreements being modified and tensions rising between landlords and their tenants as that time approaches. Once the PPP loans expire, we will be seeing an entirely different operating pattern for landlords and the businesses they rent to. That dreaded conflict could create many vacancies and fluctuations in the commercial market. We must be ready.

A Wave of Litigation on The Horizon

We believe that, although you can stave off conflict, many times it is only buying time that will eventually run out. With difficulties being placed on both sides, we certainly predict a wave of litigation concerning these issues.

Our recommendation is to cross these bridges before they are at your feet. One of the best practices you can have with the businesses you work with is to have open lines of communication. Of course, when relationships become too contentious to resolve certain complications, it becomes necessary to have a legal professional help.

Being situated where we are, The Orlando Law Group is keeping our focus on what we can do to help commercial businesses and their landlords through this difficult time. It could be the simple act of looking at your documents to have a deeper understanding of the potential you will have when facing mounting litigation.

When there is no easy answer, the law is there for us to rely upon, and we are remaining cautiously hopeful for the future. Businesses will have to adapt as well as their landlords, and as we go through this change, we will find new ways to protect the financial future of our endeavors.

July 8, 2020/by The Orlando Law Group

Navigating the Gray Areas of Paid Leave: What You Need to Know

All posts, Coronavirus, COVID-19, Employment Law

One of the goals of the Families First Coronavirus Response Act is to help assist families who are having to alter their normal ways of living due to canceled plans. One of the big areas to cover is paid leave, and what situations can qualify for effective paid time off.

Summer Camps Cancelling their Plans

If the parents were planning to send their child to summer camp, and that camp canceled due to COVID-19 complications, how can the parent take care of their child? The U.S. Department of Labor said Friday that workers could indeed take Federal Coronavirus Leave, up to ten weeks off at partial pay. Wage and Hour Division Head, Cheryl Stanton, mentioned this in a letter discussing possible employer violations. A complicated matter on both sides, there will most likely be parties trying to take advantage during this time, and clarity will be a powerful factor in determining if the worker does qualify. In this article, we discuss the details that go into qualifying for paid leave.

Setting a Clear Stage of Planning

One of the biggest ways to get this right is by showing true proof that, if the current situation had been normal, your child would be enrolled and attending a summer camp. With the Families First Coronavirus Response Act, the first Federal Mandate was established, stating that employers with fewer than 500 employees must give workers short-term paid sick time for reasons associated with COVID-19, as well as long-term paid leave in order to care for children whose schools or childcare facilities are closed. The ruling took place on April 1st and will expire at the end of the year.

Getting the Exact Numbers Right

According to the FFCRA, if an employer has 500 or fewer workers, they must provide them with up to two weeks of sick leave at full pay, up to $511-per-day cap, if they are directly affected by COVID-19, and at partial pay, up to $200 a day, to care for affected family members. According to the law, there are six qualifying reasons for leave. The employee may qualify for sick leave if the employee is

Subject to a Federal, State, or local quarantine or isolation order related to COVID-19
Has been advised by a health care provider to self-quarantine related to COVID-19
Is experiencing COVID-19 symptoms and is seeking a medical diagnosis
Is caring for an individual subject to an order described in (a) or self-quarantine as described in (b)
Is caring for a child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID-19
Is experiencing any other similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.

As the level of cases fluctuates, these rules are having to be executed to give direction to a nuanced situation. The importance is being placed upon clarifications, and many individuals are still not certain about what rights to utilize to take time away from their job and care for loved ones.

Adding Clarity to the Situation

One of the important clarifications made was that the FFCRA’s 10-day emergency paid leave can be taken on top of any existing paid leave that an employer already provides. An area where they have expanded the law is the age of the child that is being cared for by the parent. Although the statute says that workers are eligible if they have to be home to care for a child who is under 18, the Department of Labor clarified and stated that the law will also cover children who are over 18 but have a physical or mental disability that requires a kind of care that is made unavailable because of the recent COVID-19 related shutdowns.

These alterations are in accordance with being able to successfully carry out the law. The law does state that the individual whom the worker is taking care of must be a family member, someone living in the same household, or someone with a quality of personal relationship where there would be an expectation of care from the employee.

As you can see by the detailed, specific language utilized, the propensity for someone to game the system could be high, and that is why having all of the facts aligned in your favor will be so very important. Establishing the concrete details that solidify the individual as having a personal relationship and needing your care will be vital to receiving your payment.

Does the child have to be fully enrolled in the camp?

Not necessarily. Although it is encouraged to not rely on any grey areas, it is potentially acceptable if your child is on the waiting list to get into a camp. However, it is very important to note that simply having the desire to send them to camp will not suffice. There needs to be a plan, and evidence that the plan was to be carried out until mitigating circumstances prohibited the camp from occurring.

Another option the law allows for is up to 10 weeks off at partial pay, up to $200 per day, to care for children whose schools or childcare centers have closed due to COVID-19. For the employers that are covered under the law, they are encouraged to seek reimbursement of the qualifying leave through tax credits.

What about companies with 50 or fewer employees?

For those companies that have 50 or fewer employees, they may be exempt in terms of having to provide leave. This is stipulated upon how essential the worker being present is in terms of upholding vital business operations.

As you can see, and as there usually is with new, unprecedented legislation, there are many angles and grey areas to consider. The catch 22 of having businesses struggle alongside their coworkers could potentially place them at odds with one another, and this is something that we want you to be aware of and ready for.

Having your information in alignment and accordance with the latest laws will be to your benefit. As always, The Orlando Law Group is here to help you through your specific situation. Although similarities exist, your world is your own and will require a specific interpretation of how the law applies. Our attorneys treat you as an individual, and we will not stop fighting for your rights to the time and money you deserve.

June 29, 2020/by The Orlando Law Group

Unbreakable Lease: Orlando Student Files Lawsuit for Refund

All posts, COVID-19, Real Estate

With what has been going on in our world lately, our daily lives have been interrupted in ways we cannot underestimate. One industry that has been affected is college living. With colleges moving towards virtual learning to stay healthy and cautious, students have been forced to leave their dorms and suddenly break their agreements.

Trapped in an Unbreakable Lease

Imagine being trapped in a rental agreement that you could not break with the stress of a semester upended. That is the reality that many students face, and they are beginning to file lawsuits to fight back.

Right down the street from The Orlando Law Group Waterford Lakes office near the University of Central Florida, a class action suit has been filed against a Georgia-based, off-campus apartment operator. Incongruent to what the University has accomplished (they refunded housing money for university-run dormitories), Preferred Apartment Communities Inc. had failed to refund rent paid by students who returned home when campuses closed the middle of March.

Those students are paying monthly rent for a location they are not living in, and for those who have lived near campus, they will attest to the fact that those payments are not low.

They are not alone

In Colorado, students are suing their University for fees that cover services they are no longer receiving due to the pandemic, which has paused on many parts of the campus.

Many of these dues account for the student recreation center, transportation, sports events, and the performing arts center. A local attorney representing the students highlighted the fact that colleges should be held to the standard of any other business. If students are not receiving services, they should not be paying for them.

For the suit that is being filed in Orlando, the client’s mother pays $810 for her daughter’s room at The Retreat. The complex is closely tied to the University and has a technology center, sports facility, a sauna, club room with pool tables, and a coffee bar.

This is highly relevant, as Preferred Apartment Communities stated in a letter that all fitness centers and inside amenity spaces would be shut down. They would only open if emergency repairs needed to be made. Later that month, on March 26th, the housing complex released a statement saying that though they were sympathetic to the hardships brought about by the pandemic, lease agreements would not be altered. They then proceeded to collect rent for March, April, May, and June.

Making a difficult time worse

The Lawyer who represents the student stressed for students and families; the defendant is making a difficult time worse by prioritizing profits over protecting its reputation as a company that cares for its clients. When a tenant breaks a lease, it will hurt their bottom line, but how long can students maintain paying for a space they are not currently living in?

It is unclear how many students have had to return home, but one can assume that this is not an issue within a vacuum. Campuses and the apartment complexes that surround them have begun to encounter these complications. Although there are procedures to prevent eviction, there are not many rules in place for early lease termination as a direct result of the pandemic.

Of course, like most controversial issues, there are always two perspectives. A lease is a legally binding contract. Although a moratorium has been placed on evictions (note that the moratorium only staves off the eviction process and does not prevent it), it does not exclude someone from the obligations placed upon them because of their lease.

Colleges can only provide limited help

Although colleges cannot stand between an off-campus apartment complex and the students who live there, they are trying to help by providing tips for anyone struggling. Indiana University gave its students advice on what to do if you must leave your rental unit early because of the COVID-19 virus.

They highly recommend having all communications done in writing and fully communicating to your landlord your situation. If your landlord agrees to lease termination, be sure that you get it in writing. Specific actions such as cleaning the unit before you leave, removing belongings entirely, and arranging to turn in your keys can help lessen the potential payment you have to make when breaking your lease. Still, unfortunately, such actions might make zero difference in the long run.

Consequences of an Unbreakable Lease

The consequences of breaking your lease could be vast and progressive. Lawyers speculate that once the eviction ban expires, landlords will sue to gain possession of their apartments and seek payment for rent that was unpaid. If you are sued, it could damage your credit, making it harder to own or rent a property in the future.

Landlords can be skeptical of who they decide to rent to, and if they see public records reflecting nonpayment for rent, this could be a dealbreaker. If they choose to work with a collection agency, this could damage your credit score. It is truly a complex issue with many angles to consider.

What can we learn from this situation? Legally speaking, contracts are like tools, each has a use, and each has restrictions and limitations as to how it can be used. We highly recommend starting any complex analysis by taking a deep dive into the language found in the documents that were signed. Sit down with a lawyer (preferably one of ours), to discover how the language in those contracts affects your situation.

Wrapping up

When a complex issue arises, both parties feel they are in the right, and both parties stand to lose value they feel entitled to. For the companies that rent to students, they are apprehensive of the mass exodus that would occur if they allowed their tenants to terminate their leases. For the students, paying rent for apartments they do not inhabit is a luxury they cannot afford, but it may be one they inevitably have to pay.

June 29, 2020/by The Orlando Law Group

Changes to the Paycheck Protection Program

The Paycheck Protection Program Has Changed

All posts, Coronavirus, COVID-19

The Payment Protection Program underwent changes on June 16, 2020. With these changes brings more flexibility and potential uses for borrowers. We at the Orlando Law Group want to keep you up to date with the assistance that is being provided, and below, you will find some valuable points that you need to know about the new PPP loan forgiveness application terms. If the Paycheck Protection Program has changed, we need to stay up to date and apprised to the situation. Below, you will find updates that

Extending the coverage period of the paycheck protection program

Starting off, borrowers may choose either an 8 week or 24 week coverage period where they can spend their PPP funds.

When they opt for the 8-week stipend, the maximum compensation amount is $15,385 for non-owner employees. For the 24-week stipend, the maximum compensation amount is $46,154.

Employees who are business owners, general partners, and self-employed individuals get a maximum compensation amount of $15,385 and $20,833 for the 8 and 24 week coverage period, respectively.

It’s up to the borrower which coverage period they think is best (8 or 24 weeks). At first glance, it may seem that the compensation period of 24 weeks is better as it gives the employees more time to use their PPP funds; however, the employer must maintain his or her employment levels as stated in the pre-COVID 19 references for the same length of time.

Borrowers may decide to apply for the PPP loan on the following periods- January 1, 2020, to February 29, 2020, or February 15, 2019, to June 30, 2019. The period that has a lower employee number can be more advantageous for employers.

Full-time equivalency or FTE calculation will be used to determine employment levels.

Which coverage period makes the most sense?

In the same vein, employers must take measures and refrain from reducing compensation to more than 25 percent of earnings in their most recent employment quarter, usually January 1 to March 31, 2020.

If a business remained operational and he or she has paid their employees recently, then the 8 week coverage period would make more sense to utilize as they would not need to reduce their employees’ salaries or fire them in the future. On the other hand, if a business was closed and the employer did not pay its employees recently but intends to open after the restrictions are lifted, then it makes more sense to choose the 24-week coverage.

It’s important to note that the major factor in determining forgiveness is average FTE or full-time equivalency. Borrowers can compute this by adding up all weekly paid hours and dividing that by forty and rounding it up to the nearest tenth. The ceiling per employee must not exceed 40 hours.

an alternative way to compute Full-time equivalency

An alternative way to compute for FTE is by assigning a value of 1 for employees who work 40 hours a week, while employees who work less than 40 hours per week are assigned a value of .5

Borrowers may use similar methods when calculating full-time equivalency in qualified reference periods and when comparing numbers in the coverage period.

Take note that there are safe harbors in place which can reduce FTE without affecting PPP loan forgiveness. An example of where it can be applied is when an employer is unable to rehire employees for valid reasons.

designing the paycheck protection program to be flexible

The Payment Protection Program is designed to be flexible and can accommodate different employment factors and situations. Computing for PPP forgiveness can either be simple to extremely complex depending on your business’ circumstances.

As the economy shifts, so will the rules behind these programs that are aiding individuals and businesses that have gone through strife. We want to make sure that you have the most up to date answers and will be monitoring the situation to see what the future brings. It is important to note that if you have questions about the intricacies of these forgiveness programs, do not hesitate to reach out to us at The Orlando Law Group. We are truly here to listen, to care, and to solve.

If you have questions regarding what is happening regarding

June 26, 2020/by The Orlando Law Group

Community Associations Navigate COVID-19

All posts, Blog, Community, Consumer Law, Coronavirus, COVID-19

The role of a Community Association Manager is both innately complex in how it gets done, but also quite pointed when it comes to the main objective: to ensure increasing connectivity and value within the community. Attorneys can play a big role in how they help. There are many legal crossroads that can make navigation complex, and that is where a great lawyer can help you through the process. As one might imagine, COVID-19 has placed upon us new challenges to overcome. In this article, The Orlando Law Group is here to help Community Associations navigate COVID-19 and any hurdles they may be facing.

We are always striving to become your source for information that can help you navigate these crossroads, and below, you will find some questions and answers to help during this time. If there is something specific that your community is undergoing, do not hesitate to reach out to us. So many times, people have niche problems that require specific answers. What if someone tests positive within the community?

What if someone tests positive for Covid-19 within the community?

There are really two perspectives of thought if someone tests positive for Coronavirus. On one hand, you must have the community’s best interests in mind, but you must also protect the privacy of the individual. If the individual gives permission, you can disclose their name. This can be specifically helpful because it will allow anyone who believes they have met that individual to get tested as well.

What if the person wants their identity kept from the community?

If that person wants to be kept anonymous, you still may want to let the community know that an individual has tested positive. This will allow them to take more precautions and at the very least be aware. You want to avoid potential liability if a board becomes aware of a concern and simply fails to notify the community in any way. Silence simply could result in damages and liability, which we want to stave off at all costs.

How should Community associations navigate shared facilities during this time?

You might be asking yourself, what about our gym? What about the common areas? It all depends on whether the board feels that closing those facilities down will preserve the health of the community. No matter what the action, it should always be done because it is in the best interest for the owners and people that live there. If such actions are executed, clearly written notifications should be produced.

Should this affect the Association’s collections?

One of the complications that COVID-19 has placed upon us is the fact that many are out of work and are struggling financially. As Community Associations navigate COVID-19, they must stay sympathetic yet strong. The hard truth is that because collections are a part of the annual budget, they cannot be waived. We recommend carrying on with collections as usual, and if special circumstances are needed, apply them as temporary assistance only. The money owed cannot and should not be waived no matter how hard the struggle may be, only to preserve the fairness of what is written in the agreements that have been signed by the owners.

How Should community Associations navigate potential renovations?

For the time being, having contractors enter the community may be on an emergency basis. Although it may be a complicated issue to navigate, the risk of having COVID-19 spread could be very dangerous indeed. Activities such as open houses and showings should be avoided, and work on the property should only be accomplished if it is necessary.

Although we are beginning to enter Phase Two of getting back to business, we want to remain cautionary with our approach. It is very important that you remain in good communication and dialed in to what your community needs during this time. If complications arise, you can be ahead of the game if you are clued into what is on their minds.

As lawyers, it is our intent to help clients navigate complicated issues, and many times that involves being caught between two objectives. With COVID-19, keeping the community thriving as well as safe and healthy are very important aspects of what Community Associations aim to achieve. We want you to stay encourages as your Community Association navigates COVID-19 during this time. How are they accomplishing their goals?

The points above are just the beginning of our journey back to normalcy. It will take time, and there will be hurdles that we face along the way. It is important to remember that, with a moratorium placed on foreclosures and evictions, we could be facing all kinds of complications in time. Having processes and procedures in place to be ready for all possible outcomes will benefit us in the future. As Community Associations navigate COVID-19, The Orlando Law Group is always here to listen, to care, and to help you solve any problems you may be facing. Give our HOA Page a look for more information regarding Homeowners Associations for examples of services we provide.

June 24, 2020/by The Orlando Law Group

[Advisory] Understanding the Paycheck Protection Program Flexibility Act

All posts, Business Law, Community, Consumer Law, Coronavirus, COVID-19

Here is a round-up of what we know about the Paycheck Protection Program Flexibility Act that was signed into law this past Friday.

President Trump signed into law the Paycheck Protection Program Flexibility Act (PPPFA) with the intent of easing requirements for loan forgiveness under the PPP loan program.

Here is a brief review of what is included in PPPFA:

Changes in the required spend on payroll

The requirement to spend 75% on payroll costs has been adjusted to 60%. The requirements for using the remaining 40% (formerly 25%) have not changed; intended use includes rent/mortgage payments and utilities.

Increase in the timeframe to spend the loan proceeds

The PPPFA extends the time to spend loan proceeds from 8 to 24 weeks.

Since the PPP loan calculation included the average of monthly payroll costs in 2019 multiplied by 2.5, providing more time to use the funds should allow businesses some breathing room to spend the loan proceeds on qualified expenses.

Important notes on the PPP loan compensation

The timeframe to apply for forgiveness has not changed; businesses can apply for forgiveness as early as eight weeks after receiving proceeds.

The deadline to rehire employees is pushed back to December 31, 2020, giving employers a bit more flexibility in getting wages to count towards forgiveness.

The requirements to rehire employees have also been eased. However, employers need to document carefully, in writing, attempts to rehire an employee who rejected the job offer.

If an employer can demonstrate an inability to hire a similarly qualified individual, the business may still qualify for loan forgiveness.

If a business is unable to return to the same level of activity that was engaged before February 15, 2020, the business may still qualify for loan forgiveness.

Extension on repayment

The terms for loan repayment have been extended from 2 years to 5 years. The repayment schedule now defers the first payment for six months after the SBA makes a forgiveness determination

The loan repayment term is extended from 2 years to 5 years. The first payment will be deferred for six months after the SBA makes a forgiveness determination.

PPPFA allows businesses to take advantage of deferring the employer’s payroll taxes. Initially, the CARES Act did not permit deferment on the forgivable portion of the loan.

The deferrable amount is the employer’s portion of social security taxes that would have otherwise been due between March 27, 2020, and December 31, 2020. Now, 50% can be deferred until the end of 2021, and the remaining 50% is due by the end of 2022.

Breathing room for business working to operate at 2019 levels

This new law appears to be a step in the right direction. For companies that have been unable to perform at the same levels as in 2019 and early 2020, this law provides some breathing room.

In the hands of the SBA

It will be up to the SBA to interpret the Paycheck Protection Program Flexibility Act. Our recommendations on moving forward include meticulously documenting every financial transaction in your business and making sure you pay close attention to the expenditures that qualify for loan forgiveness.

June 10, 2020/by The Orlando Law Group

Personal Injury Overview (Updated for 2020)

All posts, Personal Injury

Published: June 2020
By: Sophia Dean, Personal Injury Lawyer

People hear the phrase personal injury and they usually think, “I’ll never need that.” The truth is that, at the end of the day, accidents always happen when we least expect them. We cannot foresee them, but we can be prepared for them. We cannot avoid them, but we can conquer them with the right tools. That is where one of our personal injury lawyers can help, and in this article, we wanted to give you a general overview of what Personal Injury Law entails and break some of the myths that follow suit.

At the end of the day, every single category of law grows to develop its own culture, systems, and practices; however, as inevitable change occurs, universal truths bubble to the surface.

To dig deep into what Personal Injury Law is all about, we must concretely determine the definition of certain terms, one being negligence. The doctrine of negligence requires that every member of society act responsibly and avoid putting others at risk. Sounds simple, right?

Unfortunately, this does not always happen, and that is when personal injury attorneys work hard to seek justice for situations such as wrongful death, property damages, or medical bills that have been accrued. Our law firm takes personal injury cases very seriously, mainly because an injured person could be facing mounting medical expenses due to their accident.

We are a law firm that is fully equipped to handle different types of injuries that have occurred due to a car accident, and we work diligently to help your insurance company maximize your monetary compensation. Not only this but if you feel that you were harmed due to purposeful wrongdoing, then you could be entitled to punitive damages.

These are meant to not only offer more assistance but also punish the party that has instigated the damage to the injured party. It is important to note that these can be rare in medical malpractice cases, mainly because the doctor would have had to purposefully cause the patient harm.

Although the statute of limitations in Florida is four years from the date of the accident to file the lawsuit, this should not warrant waiting to any degree. One of the important factors of personal injury law is how expedient we can be in filing your claim.

Personal Injury Overview – Aspects

When breaking down aspects of personal injury lawsuits, it is sometimes easiest to begin with the cause. We are going to take a deep dive into five different situations that can result in the need for a Personal Injury Lawyer.

1. Were you recently in an accident? Many of our clients come from car accidents, but personal injuries happen beyond the confines of an automobile.

2. Did someone intentionally do harm to you? We take great pride in the fact that our compassion always equals our commitment to seeking justice for those who have been harmed, especially on purpose.

3. Did a defective product cause damage? Thanks to the internet, companies can sell just about anything, no matter the effectiveness or quality of the product. Be aware that we are here to help you if you have been damaged by a faulty product.

4. Has your character been harmed in any way? We live in a time when people engage in massive amounts of conversation every day. The internet is a ripe location for negativity, and your character must always be protected.

Even though those four situations may encapsulate what makes up the “why” behind Personal Injury Law, you may have guessed that there is much more nuance involved. Here are some questions I get on the matter.

1. What would you say is a common misconception about Personal Injury Law? One big misconception is that people are milking their injuries for money. The whole purpose of personal injury law is to make someone as whole as possible. The system we have is complicated and can be terrible on the individual. The only way we can make that better is money, but that money many times goes towards medical bills and making the person’s life better.

2. What is one of the hardest aspects of what you do as a Personal Injury Lawyer? One of the more difficult tasks involves dealing with insurance adjusters. Their entire job is to minimize the amount of injury my client has suffered. Insurance companies do not make money when claims are paid. It is an odd dichotomy, but it is true.

3. What would you want people to know most about Personal Injury Law? Contact me immediately after an accident. Speaking with an insurance company by yourself will not help anything at all, and they might try to take advantage of you. If they can pay out less on a claim, they save money. If they can save money, they will. The time after the accident happens matters so much. You get involved in an accident and your shoulder hurts a little bit, but you do not think anything of it. Take it seriously, quickly, and that can be in our favor.

4. How has technology changed the way you do your job? Google Maps and Good Street View allows us to get and use more relevant information quicker. Technology, simply put, has allowed me to be more thorough, and that increases the prospect of victory with my clients.

In conclusion, if you have a personal injury claim, it would be a good idea to have a conversation with one of our attorneys. We want you to be able to benefit from our experience, and the only way to do that is to properly assess the situation and see what specific advice we would be able to give. For us at the Orlando Law Group, we take our job very seriously because many times, it means helping the livelihood of another human being. If you feel that you have been harmed in any way due to an accident, do not feel powerless. Do not let it paralyze you from acting fast. Reach out to us as soon as possible, and we will work hard to help. It is more than just our job. It is our purpose, and we take it personal.

June 8, 2020/by The Orlando Law Group

Traumatic Injury: The Advantages of Using Full-Service Firm

All posts, Personal Injury

At the Orlando Law Group, we are often asked, “Why choose us for a traumatic injury case?” One of the things that we like to explain to our potential clients is that, while we are a full-service law firm, you will receive the personalized attention that you need.

And what we mean by that is that you will know your attorney, you will know your paralegal and we will be working together as a team to get you the best result possible. Why it is important to have a team when dealing with one case? A grouping of factors.

A traumatic injury case can often have several facets, things that you initially do not think might be impacting your life. The other attorneys in our office practice different areas of law, and one of those areas that we see most often in traumatic injury cases is the need for disability. Imagine that you have been severely injured, and you are no longer able to work. Social security disability is often difficult, especially if you are injured. Trying to get through the process alone is not the answer. You need a dedicated team that will help you get the paperwork needed to file.

And as terrible as that sounds, as difficult as it is to even think about, when you are trying to deal with an injury and getting treatment, you have so much going through your mind. Dealing with a disability claim is the last thing that you want to do, and that is why we are honored to be there to help. Booking for another attorney to handle your disability claim is going to only add to the stress that you are already going through. By working with a firm and having that same firm handle your claim, a more streamlined approach can be taken. We will already have access to your medical bills as well as all your necessary information. There will be very little for you to do, so you can relax and focus on recovering.

Another facet that is very hard to even consider, but something important to talk about, is if someone has died due to the accident. Often, when there is a traumatic injury, we are dealing with a death, and any time someone is killed in an accident, they need a probate. Probate is another area of law that we focus on at The Orlando Law Group. I encourage anyone that needs to talk to somebody about this hardship, whether it was the death of a family member, a child, or friend to speak with an attorney that handles the probates and go over what is going to need to be done and how it relates to your personal injury case.

Again, this is not something that you want to go out looking for after you have already been injured or lost a loved one. By keeping everything in the same firm, we already have all the information and its easily transferable. We can work together as a team to get the issues resolved swiftly. Another matter that often comes up is child support and time-sharing issues. Take a moment and imagine a scenario where you could not work. How would you pay your child support?

There could be a high level of nuance to your situation. Maybe you have over-due child support that you owe. Maybe you cannot take care of the children the way that you need to, and you need adjustments to your time-sharing or adjustments to your child support.

That is, often, a stressful issue for somebody who is injured. You need a team that will analyze your exact situation and offer detailed solutions. We have attorneys that deal specifically in family law and can make those adjustments for you. Anything that you can possibly imagine will arise when you are injured, and all facets of your life can be impacted. If you have got outstanding debts and now have some money to spend, you may forget that you have a judgment outstanding.

We see this happen many times. Money gets deposited into a bank account. You owe that bank money, and the money suddenly disappears. By talking to an attorney who knows how to handle outstanding judgments, these things can be reduced or even avoided, so it is important to have a team that can help you navigate this area while you are trying to heal and get better.

The Orlando Law Group cares just as hard as we work, and helping you stay on the path to healing is a priority we do not take lightly.

Another point that we often see come up is a complication with businesses. If you have been injured and your business is failing because you cannot work or you cannot manage your company, you may be asking yourself, “What can be done to help sustain you and your livelihood?” We have specific business law attorneys to help you navigate the process and offer you overall support throughout.

When you are looking to hire an attorney for your traumatic injury you need somebody that can handle all facets of your situation. No matter what might be thrown your way during this time, we can get through it together.

It is vital to make sure that you know the attorney, you have met with the attorney, and you feel comfortable with them. That is something that we not only believe at The Orlando Law Group, we live by it. Feel free to contact us or give us a call for a free consultation at 407-512-4394. If we can help you in any way, we will.

June 1, 2020/by The Orlando Law Group

How Extensions in the CARES Act can Help Hurting Homeowners

All posts, Bankruptcy, Consumer Law, Coronavirus, COVID-19, Real Estate

COVID-19 has changed our lives as well as our livelihoods. Income sources have taken a massive hit, and with that, rules are having to change, deadlines are having to be extended, and significant changes are being implemented to help families survive during this stressful time.

Although a phased approach is being taken to open the economy back up, it will be a long road back to normalcy and the financial status many maintained before the coronavirus pandemic.

Specific extensions in the CARES Act are designed to help.

The article below details some points about the CARES Act that are important for homeowners.

Section 4022 – Moratorium on Residential Foreclosures

On March 27, 2020, Congress enacted the Coronavirus Aid, Relief and Economic Security Act of 2020, also known as The CARES Act, which provides for financial relief due to the COVID-19 Virus Pandemic. This Act is put into place to do precisely what the name implies. The CARES Act provides care for this who are struggling because of the stress of a halted economy.

Section 4022 focuses on homeowners and provides a moratorium on residential foreclosures for borrowers with federally backed 1-4 family mortgage loans. It addresses the right of a homeowner to request forbearance from payment on these loans.

Understanding the Requirements – Extensions in the CARES Act Regarding the Foreclosure Process

The requirements only apply to federally backed mortgages, which are loans insured or guaranteed by FHA, VA, USDA, or loans that are owned or securitized by Fannie Mae or Freddie Mac. The moratorium does not apply to vacant or abandoned property or private bank loans. Under the Act, no mortgage servicer of any federally backed 1-4 family mortgage loan is permitted to do the following beginning March 18, 2020, and ending May 17, 2020; and now further extended until June 30, 2020:

Initiate any judicial or non-judicial foreclosure process;
File a motion for foreclosure judgment or order of sale; or
Execute a foreclosure-related eviction or foreclosure sale.

Utilizing the Extensions – Requesting a Forbearance

Section 4022 also allows a borrower on a federally backed 1-4 family mortgage loan to request forbearance from payment up to 180 days with the right to request an additional 180-day extension. Section 4023 allows a borrower on certain federally backed multi-family mortgages to request forbearance for up to 30 days with two 30-day extensions. During the term of forbearance, a tenant cannot be evicted or charged late fees. Section 4024 establishes a temporary moratorium on eviction filings for particular single and multi-family housing. During the above referenced period beginning on March 27, 2020, a lessor cannot initiate an eviction for nonpayment of rent. After the moratorium period, the landlord may not evict a tenant unless a 30-day notice is provided to the tenant.

Governor DeSantis also issued Executive Orders 20-94 and 20-121, consistent with the CARES Act, extending the foreclosure moratorium to all foreclosures and tolling residential evictions until June 2, 2020, but did not waive the obligation to make scheduled payments. Many Florida judicial circuits have also entered administrative orders which limit or prohibit foreclosure and eviction actions. These are meant to stave off the process and help families who are struggling to make ends meet.

What About Title Derived Through Foreclosure?

As a result of the federal and state law foreclosure moratoriums, until further notice, you are required to obtain approval from Underwriting to insure the title or issue a policy based on a foreclosure action where the certificate of title or writ of possession was issued after March 18, 2020, but before the expiration of the CARES Act and Executive Orders 20-94 and 20-121, now on June 30, 2020.

Additionally, title to any property derived through a foreclosure initiated during the effective period of the CARES Act and/or Executive Orders 20-94 and 20-121, will not be insurable.

As deadlines get pushed, and laws get stretched to allow for more financial breathing-room, it is essential to keep in mind how these rules apply to your specific situation. We have many questions that come into our office, and we are always honored to take the time and help someone gain clarity. Sometimes, legal rulesets can become cumbersome. That is why our lawyers are professionals at translating the legal jargon into a crystal-clear understanding of the law.

We are here to help you understand how these rules can apply to you. If you have questions, do not hesitate to reach out to us. We can, and we will help you through it.

Critical Advice: Selling Your Home During COVID-19

May 28, 2020/by The Orlando Law Group

What to do now if there’s a chance of future bankruptcy

All posts, Bankruptcy, Business Law, Coronavirus, COVID-19

Filing for bankruptcy is on the minds of many people right now. For some, it’s clear that the only solution available to free them from financial hardship is bankruptcy. For others, it might not be a consideration, but should it be?

If you have recently lost your job or the current economic conditions are making it difficult or impossible to pay your debt, it might be advantageous to file for bankruptcy.

In either case, whether you know that bankruptcy is your only option or it is just entering your thinking, it is time to planning strategically. You might need to forget about conventional advice on money management and begin thinking differently.

We’ll explain.

It should be no surprise that we are having this discussion as a result of the coronavirus pandemic. The virus and COVID-19 have caused staggering numbers of people to lose their jobs, businesses to shutter operations, and economies around the world to topple.

Some suggest that it could be a year before we see signs of recovery. Maybe longer by some estimations.

So what does this mean for you or your business? If you or your business are struggling to stay afloat, is a bankruptcy on your list of options?

If bankruptcy is in your plan, and it probably should be, here are the things you should be doing right now.

Talk to a bankruptcy lawyer as soon as possible

If you currently cannot pay your debts or you believe that you will soon face insurmountable financial hardship, now is the time to seek out a bankruptcy attorney. A reputable and ethical bankruptcy attorney will offer a free consultation. You will need to understand the types of bankruptcy available to you, the attorney can help with that.

The move that most people make when money gets tight is to get the advice of a financial planning expert. But if bankruptcy is a real possibility, your best move is to speak with a bankruptcy lawyer as soon as possible.

The people who do best after bankruptcy are typically those who worked with a legal expert well in advance of filing.

The strategies you need to employ before filing for bankruptcy are unique to your situation. With the help of a bankruptcy attorney, you’ll be more prepared for what will happen before, during, and after the bankruptcy.

Need to speak to a bankruptcy lawyer? Start here.

Clearly evaluate your situation and don’t rush to file bankruptcy

One of the biggest benefits to working with a bankruptcy lawyer well before filing is the knowledge about the process that professional counsel can share.

Because there are time restrictions on how often you can file for bankruptcy, you’ll want to make sure you are in a position to get rid of the maximum amount of debt.

Also, it is essential to consider what might happen if your financial position changes between now and filing for bankruptcy. If your situation improves, should you back out of filing? If it worsens, should you file more quickly?

Working with an experienced attorney will help clarify the answers to those questions and give you peace of mind as you move forward.

If you have a large amount of cash, it’s time to protect it from creditors

Many people do not realize that if you have stockpiled cash in a checking or savings account, that money can be seized to pay your financial obligations to creditors.

Protecting the money you have is critical.

A bankruptcy attorney might advise that you move that money into something like an individual retirement account. In broad terms, if you were to put the money into a Roth IRA, you could still get access to the money if needed and it would be protected from creditors.

Resist the temptation to sell things to pay your debt

If there is even a chance that you are going to be declaring bankruptcy, selling unused or underused possessions to pay credit card or other debt should be taken off your to-do list.

Why? When you complete a bankruptcy, you will have erased your debt. Paying that debt before filing might feel like you are doing the right thing. But the money you could get from selling things might be better used after the bankruptcy.

Leave your retirement plan alone

It might be tempting to consider taking money out of your retirement accounts to pay debts, student loans, or other secured and unsecured debts. But this is generally something you want to avoid.

Even before coronavirus, bankruptcy lawyers would advise leaving your retirement funds intact because they are generally protected from creditors.

Also, there are new retirement fund coronavirus hardships withdrawals which let people acquire up to $100,000 from their 401(k)s or IRAs without penalty. And while these withdrawals are taxable, if they are paid back within three years there are provisions to reverse that tax.

The problem is, if you are facing bankruptcy, it’s likely that you will not be able to pay back the withdrawal. So, using that money to pay down debt could create further financial hardship in the future. It’s a good idea to avoid that.

Tirelessly explore your forbearance options

If your financial future is cloudy and you are unsure if you will quickly get a job or be re-hired by your employer, exploring forbearance options is important.

In forbearance, a lender will allow you to skip some payments on your loan. Skip does not mean that those payments are erased, but instead means that those payments will need to be made in the future.

If you are a consumer filing Chapter 7 bankruptcy, your unsecured debt like credit card debt will be eliminated. Secured debt like your car loan or mortgage generally will not be erased. Forbearance on secured loans like these can offer a bit of financial breathing room and allow you to use the money you have to pay for the absolute necessities like food and utilities. You might also need the money to pay your bankruptcy lawyer’s fees and filing fees.

A bankruptcy lawyer can explaing your forbearance options? Start here.

Do this right now

It should be clear that if bankruptcy is even a remote possibility for you, there are many steps you need to take. Being strategic and moving away from the advice you might get in credit counseling will often make things better for you during your bankruptcy proceedings.

Debt relief is on the minds of just about everyone right now. If this is you, talking with a bankruptcy lawyer is something you should do right now.

May 21, 2020/by The Orlando Law Group

Baby Boomer Breakups: Truths about Grey Divorce

All posts, Divorce, Family Law

You may be surprised to find that the overall rate of divorce in the U.S. has gone down in the past 20 years; however, that does not necessarily apply to people over 50. Grey Divorce, or the act of getting a divorce later in life, has seen a rise occur lately. This goes directly against the common statement that we often hear: the point that young people do not stay together like they used to. When taking a critical approach to looking at the numbers, we must analyze what are the contributing factors to divorce for couples who have been in a long-term marriage.

It is important to note that divorce is a struggle with a stigma. Not only are you going through one of the most difficult times of your life, but there is also the added fact that shame can play a role, even though it should not. Although this stigma has gone down over the years, it does not affect younger couples as much as it does older ones. As the stigma diminishes over time, individuals begin to look at divorce differently. More couples are deciding that they would rather be happy than be married to someone for the rest of their lives. When we analyze the reasons why many older couples get divorced, it enlightens us on mitigating factors.

Here’s why Grey Divorce could be on the rise

Money

First and foremost, how a couple manages their money can lead them down paths of difference. There is no right answer except for the fact that a couple must be willing to work together to achieve a balance in their decision making. One person cannot hold the reigns completely, and compromise can truly lead to the other party feeling validated.

If one party makes all the money and marshals all the power in the household, that can lead to another party feeling insignificant. Another aspect is that if one individual believes that the other spends money too frivolously, those tensions can build up over time and result in conflict. Research shows that marriage tends to be stronger if the husband increases his earnings, but money management does not necessarily mean more is better. Balance overrules security sometimes and having a partnership that is truly based on equality is the healthiest option.

The Spark

Many times, this is the first discussion point for divorce. The spark, the excitement, and the reasons they got together in the first place have diminished over time. It is worth reminding that sparks come from somewhere. True love, at first sight, is an illusion. You must work at it to make those sparks happen. Many times, if the work has primarily been poured into raising children, then the focus on building and cultivating that spark can lessen.

When you are at a crossroads, and many couples are when their children leave the home, it can lead to the desire to change circumstances altogether. When you are forced to try and cultivate that spark and you realize that it is much harder than you think, divorce lingers on the mind.

The Individual

We have become a society that values individuality, which can be a good thing. This does have some drawbacks, mainly in relation to making sacrifices for another party. Sometimes, when a person has spent so much of their life sacrificing for another, they want their years to be invested in themselves again. They want to pursue their dreams, and that causes conflict in the relationship. More and more, baby boomers are attaining this perspective, and it is causing many to think about divorce as a solution to their situation.

Living Longer

We are experiencing so much value placed on health, and because of that, we are living longer. This causes individuals to re-think and re-decide their commitments at a later age in life. They are beginning to take advantage of the fact that 50 is not as old as it used to be, and go for the dreams they may have put on hold during their 30’s and 40’s.

It is ironic, but the longer we live, the more time we must spend trying to reinvent ourselves. Sometimes individuals find this need later in life, and it can lead to life changes such as divorce to help them find what truly makes them happy.

Dependency

Addiction can be the true destroyer of a relationship. An individual with a dependency that controls their life can feel like a liability, and that is not conducive towards a healthy relationship. It is all about working together, and if the couple cannot see eye-to-eye, then someone else’s habits can wear the relationship down. It is when individuals put their habits before those that they love that divorce becomes the tool to solve the situation they are in. It is truly difficult, but worth it if the couple cannot find common ground and depend on each other for happiness.

Our Stance…

We want to leave you with the implications of Grey Divorce. Ultimately, it might not be a bad thing. One important point to remember is the fact that divorce is not a failure. It is the beginning of progress. Many times, everyone involved can feel like they are losing the game when life is game where change is always inevitable. It is important to remember that children, no matter how old or young, can internalize the process and feel just as broken as the parents.

The difficulty does not stop there. The division of assets and worth can subsequently divide a family even more, and that is why our lawyers take special care with each situation. We want to remind you that if you are thinking about divorce, talk to one of our attorneys. Their experience can become your advantage. Most of all, you should not feel like a failure. Life is filled with change, and the worth of anything is not directly tied to how long it lasts. On the other side of change exist possibilities that we cannot immediately see. We believe that change is always good, eventually.

May 12, 2020/by The Orlando Law Group

Opening Up Phase One: A Guide to Re-opening Associations

All posts, Business Law, Community, Consumer Law, Coronavirus, COVID-19

As we enter Phase One of re-opening Florida, a question in all of our minds is, how does this affect re-opening associations and our communities? As managers and board members, we are sure you are getting a lot of pressure from both ends of the spectrum. On one end, protect the residents, and on the other, open everything up! While managers and board members certainly have no legal obligation to guarantee the health and safety of their residents, there is a degree of care that is expected given that the Association is responsible for the maintenance and the running of the Association amenities. The Association can be held liable for negligence for failure to take precautionary steps in light of foreseeable harm.

It is accepted that we are amid an international healthcare crisis that has been acknowledged and addressed by our National and State Government officials. With guidelines from the Center for Decease Control (CDC) and State officials, it is reasonable to expect that residents would have a right to hold a Manager and their Association board to a Duty of Care comparable to those standards.

While the board does have the authority to shut the Association amenities down, per the DBPR issued Emergency Order 2020-04 (Florida Statute 718, 719, 720 Board Emergency Powers have the same application under this order as they do under the Statute), we are not saying this is always in the best interest of the Association.

It is a case by case situation and will depend on the amenity, the resources of the Association, the Association documents, the location of the Association, and the particular circumstances affecting that Association. Below are some general guidelines to assist you with beginning your “reopen” discussion. However, we strongly recommend you speak with your attorney before implementing any plan.

Phase One: A Guide to Re-opening Associations Step 1:

Are you insured? It is crucial that the Association contact your insurance agent and determine what exposure the Association, the board members, and managers have by reopening the amenities. Some policies do have bacterial exclusions, but most policies do not have viral or infectious disease exclusions.

Phase One: A Guide to Re-opening Associations Step 2:

Create specific guidelines for each amenity within the Association. Generalized instructions and waivers are easy, but also create more of a gray area, opening the door for potential claims against the Association. Having specific guidelines and exemptions for each amenity shows that the Association took the extra steps to ensure that the residents were aware of the particular restrictions for that amenity and accepted and agreed to abide by the rules for that specific amenity.

Tennis Courts/ Racketball Courts

Require residents to sign a waiver/ disclaimer before use
Post guidelines/rules next to court
Remove observation seating
Limit playtime to allow usage by maximum residents and consider a signup sheet with time slots to avoid gatherings
Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use
Require proper social distancing of 6’ at all times

Swimming Pools

Require residents to sign a waiver/ disclaimer before use
Post guidelines/rules next to the pool and within the pool area
Remove all pool furniture and suggest residents bring their own if desired
Close off all areas except the pool and direct access to the pool
Limit the number of residents allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.
Consider a signup sheet with time slots to avoid gatherings and disappointments.
Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use
Require proper social distancing of 6’ at all times
Consider having an Association attendant at all times the pool is open to ensure the rules are being followed.

Community Workout Room

Require residents to sign a waiver/ disclaimer before use
Post guidelines/rules next to the workout room and within workout room
Require face mask to be worn when not working out
Require personal gloves to be worn at all times
Limit the number of residents allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.
Consider a signup sheet with time slots to avoid gatherings and disappointments.
Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use
Require proper social distancing of 6’ at all times
Consider having an Association attendant at all times the workout room is open to ensure the rules are being followed and equipment is wiped down after each use.

Basketball Courts

Because basketball is a contact sport, we are recommending at this time that basketball courts remain closed.
You can consider removing the rims to ensure that no play will be permitted.
Post clear signs that the court is closed until further notice

Playgrounds

We are recommending at this time that playgrounds and child play areas remain closed.
Post clear signs that the playground/play area is closed until further notice

Spa/Jacuzzi

We are recommending at this time that spas and jacuzzies should remain closed at this time.
Post clear signs that these facilities are closed until further notice

Restaurants

We are recommending at this time that these should remain closed at this time.
Post clear signs that these facilities are closed until further notice

Clubhouse Meeting Rooms

Require residents to sign a waiver/ disclaimer before use
Post guidelines/rules next to the facility and within the facility
Require face masks and gloves to be worn when appropriate
Limit the number of residents/guests allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.
Consider a signup sheet with time slots to avoid gatherings and disappointments
Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use
Require proper social distancing of 6’ at all times
No gatherings of over ten individuals at this time per State requirements
Consider having an Association attendant at all times that the facilities are open to ensure the rules are being followed and facilities are properly cleaned after each use.

Dock

Require residents to sign a waiver/ disclaimer prior to use
Post guidelines/rules next to the dock and along the dock
Require residents to wear face masks
Limit the number of residents/guests allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.
Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use
Require proper social distancing of 6’ at all times

Your primary objective as managers and board members is to ensure the wellbeing of the residents of your Association. Our objective is dual-focused, the safety of the residents, and also the protection against liability of the Association. Please apply best practices and proper risk management. Speak with your attorney and get an action plan together prior to opening up your amenities to your residents. It will be in the best interest of you and the residents of your Association.

We hope you all stay safe and healthy.

May 11, 2020/by The Orlando Law Group

Why Uninsured Motorist Coverage Can Save You Hardship and Hassle

All posts, Personal, Personal Injury

One of The Orlando Law Group’s main goals is to help you avoid problems before they happen. We cannot control the possibility of chaos, but we can give you armor so that when the unexpected strikes, you are ready, capable, and protected. We take trends that we are privy to and apply our experience so that you can remain informed.

Uninsured motorists, or underinsured motorist insurance coverage are both terms that you may have heard of, but many times these products are known without a deep understanding of why they are so necessary and how they can help you. Let us dive into those details and why they matter so much.

Orlando Drivers Take Note: Uninsured Motorist Coverage

In Florida, you are required to have anything other than $10,000 for property damage caused to the other person’s vehicle. In addition to that, you are also provided $10,000 of personal injury protection, or what we call PIP. That is considered full coverage in Florida, believe it or not. What does that mean if you are hit by someone who only has that coverage? If you are not carrying uninsured motorist coverage, or underinsured motorist coverage, that means that there is nothing for your medical bills. Your insurance company considers uninsured motorists and underinsured motorists as existing in one group.

The truth is that those two insurance coverages are different, and we are going to explain a little bit of the differences to help you understand why they should not be considered the same. Uninsured motorist coverage would be an example of a hit-and-run, or a documented accident where you were not at fault.

Here is an example. You have been in an accident. There is clearly documented evidence that you were not at fault, and the other person is not carrying any bodily injury coverage. Where does that leave you? You then would need to call your insurance company and provide them the information about the accident. If you are carrying uninsured motorist coverage, they would then provide those benefits to you.

This is extremely important. We run across these policies often, and many times people do not have this coverage. It is heartbreaking to tell them that the person that injured them was not carrying coverage to pay their medical bills, and unfortunately, they also did not elect for uninsured motorist vehicle coverage, so they are left without any way to pay. It is important to understand uninsured motorist coverage because Orlando has a lot of drivers who might be affected, and we do not want you to suffer because you were not informed. The best knowledge is being informed of all your options.

The Other One: Underinsured Motorist Vehicle Coverage

Underinsured motorist vehicle coverage is different. For example, consider the possibility that you get hit by another car that only carries $10,000 worth of bodily injury coverage, and you sustain an injury that requires surgery. It is revealed that the surgery far exceeds that amount.

Once the at-fault policy tenders the $10,000; you would then call your insurance and tell them that you’ve been offered the 10,000 by the other party, and that you have to get their permission to then tap into your underinsured motorist vehicle coverage. Your claim must be worth more than the amount that you were paid by the other party in order to access your underinsured motorist vehicle coverage or UIM.

This is vital because a lot of people underestimate the medical expenses that can be accrued when you have been in an accident. While you may have assistance with bodily injury, anytime, that may not be good enough. Everyone knows how expensive medical bills can be if they are only carrying $10,000. The cheap option is not the best, and you may have a surgery that is going to cost $100,000. You need help with an expense like that. Policies that protect you from pitfalls we often see are armor to us. They keep us protected and informed, and it is impossible not to care when so many get taken advantage of because they simply did not consider their options before the accident happened.

If you are looking at your policy and you find that it can be confusing, and you are thinking to yourself, “I don’t know what else I may need in the future,” we can do a free review of your policy to see what you can do to better protect yourself. Contact us or give us a call at 407-512-4394. We will be happy to help you out.

May 7, 2020/by The Orlando Law Group

Opening Up Phase One: The Rules That You Need to Know

All posts, Business Law, Coronavirus, COVID-19

Today, we have officially entered Phase One of reopening, and as one would expect, there is much anticipation for things to “go back to normal.” We want to stress that this is going to be a very gradual move back into normalcy, and we want to ensure that you understand what this phase entails.

There are still severe measures being taken to help flatten the curve, so we want to encourage you to maintain these regulations. If you are a business, it is a good idea to print this blog off and go over it with your employees. It is only natural that there is still some degree of difficulty with a new normal, and to create a habit, one must consistently remind themselves of the ruleset.

One way we stay strong and focused on these regulations is reminding ourselves about the bravery of the first responders and medical staff that are working so hard to keep patients healthy and safe. It is a simple way to stay motivated as well as embolden the significance of the points below. As always, if you have questions or concerns, our lawyers remain at the ready to help.

Effective today, May 4, 2020, Governor DeSantis’ Executive Order 20-112, shall entail the following:

Restaurants and Food Establishments. Restaurants and food establishments may allow customers to eat and drink on the premises, as long as they adhere to social distancing guidelines and limit their occupancy to 25%. This 25% calculation does not include employees. Outdoor seating in a restaurant is permitted only if customers are 6 feet apart, and there are ten people or fewer in one area. Bar counters must remain closed.

Bars, pubs, and nightclubs. Bars, pubs, and nightclubs that derive 50% of their gross revenue from the sale of alcoholic beverages shall continue to suspend the sale of such beverages for on-premises consumption.

Congregation limitation. No more than ten people shall congregate in any public space that does not allow for social distancing.

Travel and Isolation. If you have traveled on a cruise, traveled to any international destination, or have been in any area with a significant presence of COVID-19, you must isolate yourself for 14 days upon return.

Gyms and Fitness Centers. Gyms and fitness centers shall remain closed.

Retail Stores. Retail stores may open as long as they operate at 25% capacity and abide by the safety guidelines established.

Museums and Libraries. Museums and libraries can open as long as they operate at 25% capacity, but all interactive functions or exhibits, including child play areas, must remain closed.

Medical Procedures. Elective medical procedures may resume. Ambulatory surgical centers, office surgery centers, dental offices, orthodontic offices, endodontic offices or other health care practitioner offices can perform procedures if

the facility can be converted to assist with the treatment of COVID-19 patients in a surge capacity situation;
the facility has adequate personal protective equipment;
the facility has not sought additional federal, state, or local government assistance regarding personal protective equipment supplies; and
the facility has not refused to provide support to or engage with assisted living facilities or long-term care residential providers.

Recommendations during this Phase One:

Act Reasonably. Courts will look to the reasonable person standard when evaluating the actions of business owners and their compliance with the administrative orders, so do your absolute best to adhere to the safety guidelines set out.
Administrative Orders. Owners should print out a copy of the most recent order and go over it with their employees.
Be Consistent. Business owners must be consistent with their actions and the procedures they implement from this moment forward.
Consider releases. There are releases you can create for both clients and customers (hair salons, doctors’ offices, gyms, and medical spas). This will not eliminate all liability, but it will show that you have made both employees and customers aware of any possible dangers.
Establish Policies. Every business should have a policy in place for not only their employees but for their clients and customers as well. (ex. when and how you allow your employees to work)
Medical Information. Medical information collected from your employees must remain private. HIPAA law must still be adhered to, even if an employer is only taking temperatures of its employees.
Stay Safe. Business owners must continue to adhere to the administrative orders so that you can remain open. (Keep masks on and remain 6 feet apart)
Insurance Agent. We recommend giving your insurance agent a call to discuss what you must do to remain covered under your policy.
Workers’ Compensation. Workers’ compensation claims are “no-fault”, so we recommend that you ask your insurance agency whether there is some type of coverage preclusion for your specific policy or whether you can get a rider (an insurance policy provision that adds benefits or amends the terms of your insurance policy).
Keep Records. Keep a record of all the safety measures you have implemented in your business and all that you require of your employees. This may come in handy if any issue should arise in the future.

It is important to remember that the safety of the public is essential at this time, so make sure you are adhering to the social distancing guidelines, as well as any current or future Administrative Orders executed. Should you have any questions or want to discuss a matter you are currently dealing with, we encourage you to give The Orlando Law Group, PL a call at 407-512-4394 today, to schedule a consultation.

We hope you all stay safe and healthy.

May 4, 2020/by The Orlando Law Group

Gig-Workers And COVID-19 Unemployment – What You Need To Know

All posts, Business Law, Coronavirus, COVID-19, Personal

COVID-19 Unemployment Assistance for Gig Workers and Freelancers

Ambiguous statutory language is consistently being clarified to help those affected by the coronavirus pandemic on both the Federal and local levels. So many individuals are asking themselves if they can collect unemployment, and recently it has come to light that app-based drivers, as well as gig workers, are eligible for unemployment benefits.

According to the federal government, if you are an independent contractor and you have experienced a “significant diminution of work as a direct result of COVID-19,” then you could potentially collect unemployment. These provisions fall under the Pandemic Unemployment Assistance program.

The Department of Labor has been informed that clarity will be necessary when it comes to broad and ambiguous language that could lead to states not offering benefits to contractors that the law was intended to protect.

COVID-19 Unemployment Insurance Benefits Confusion

However, there is a lot of confusion around who is eligible to collect. One common questions are: do you have to test positive to potentially drawn unemployment? Not necessarily.

The difficulty is due to language in the section states that a nonemployee ride-hailing driver may not be able to gain unemployment unless “He or she has been forced to suspend operations” due to the COVID-19 outbreak.

There have indeed been “Additional criteria to cover gig workers.” For so many individuals, clarity is going to become power in this situation. If you are a driver and your business has been affected by COVID-19, do you have a chance at qualifying for unemployment?

There are some companies providing benefits for those affected by COVID-19. If diagnosed with COVID-19, companies like Uber, Instacart, and Door Dash are offering two weeks of financial assistance. Under the criteria used by the ADP Research Institute, one in six workers count as gig workers in the United States.

That equates to more than 25 million Americans. That is a massive percentage of the workforce. And programs are being put into place to alleviate the hardships they are going to experience or have already gone through.

Florida and COVID-19 Unemployment Benefits for Gig-Workers and the Self-Employed

In terms of Florida, studies have suggested that gig workers and the self-employed make up a fifth of the state’s workforce. Drivers for Lyft and Uber have had some confusion, only because although they do not qualify for typical unemployment benefits given by the state, they do qualify for assistance that is being provided during the pandemic. Getting that assistance has been another story altogether.

As one would expect, online portals are having trouble shouldering the number of individuals filing for this assistance.

With confusing processes and ambiguous language, there has been a rise in panic for people reaching out for help. One of the essential actions you will take is that of utilizing and having resources that you trust who are dealing with these changes every single day. That is why we are here to help you.

One of the most significant hardships that individuals are facing is how much time it takes to go through the process to get the assistance that they need. One individual, who is using the name Ted and keeping his last name private to preserve potential job prospects in the future, charted his process.

Ted was attempting to apply for unemployment benefits during coronavirus COVID-19. He has been forced to stay home and could not work due to the quarantine.

Ted was hoping to collect a few weeks of unemployment at the reported rate of $600 per week.

He made over 900 calls in 6 days and was only able to get through when he entered his social security number on the phone. After that, he was told that he would get half the assistance, but another portion would have to be registered for later because the program was not instituted yet.

Receiving benefits in Florida for Gig-Workers and Freelancers

The truth is that time is not going to be on our side when it comes to the inundation these programs are facing. It is true that, for many families, they need assistance immediately, and the ambiguity does not help them understand if they qualify or not.

As always, we are staying close to every situation, and we want to know the questions that you have. Utilize your allied resources at this time and give us a call if you begin to run into complications or feel that legally you need advice. We are here to help, and we take great pride in the fact that one conversation with us can change your future.

There are no dumb questions during this time, and if you are struggling to understand what to do next, we are here to help you. Call our office right now at (407) 512-4394 and ask to speak with an employment lawyer.

Child Support Reduction and Suspension During COVID-19

April 29, 2020/by The Orlando Law Group

Breaching Contracts: How the FORCE MAJEURE CLAUSE can help you!

All posts, Business Law, Coronavirus, COVID-19

Right now, Coronavirus has forced businesses to reevaluate the contracts that legally bind them to making regular payments. They are looking at the fine print in order to try and see what options they have, and that’s where clauses that allow them to breach their contract have become instantaneously interpretable. COVID-19 has caused extensive economic strife, and we’re going to be seeing the residual effects ripple throughout our world for quite some time. We’re arming each other with the most powerful arsenal: knowledge.

From production to distribution, wholesale to retail, all around the world businesses are shutting down and ceasing work. Without an income source, these businesses may not be able to pay their bills. With COVID-19 seemingly becoming a bigger threat, there is not a guaranteed return date and no end in sight for their financial struggles. It’s time to use all that we can to ease the hardships that are impeding immediate relief. Many businesses are now turning to the fine print of their contract or leases to determine if they have a “force majeure clause,” and whether that clause would apply to their situation under COVID-19.

Force majeure translates from French as “superior force.” A force majeure clause is a provision in a contract that excuses a party’s performance of contractual obligations when unforeseen circumstances arise that are not at the control of either side of the contract. These circumstances, often termed “acts of god” create situations that make performance under the contract commercially impracticable, illegal, or impossible. These clauses are very common in many types of contracts, but often these clauses are removed or modified to a version that would not apply to the COVID-19 virus. Force majeure clauses are typically applied to contracts for goods and services rather than a contract to pay money. These clauses are often overlooked in contracts because it relates to “unforeseen circumstances,” which, believe it or not, are regularly unnoticed as a necessary clause in the lease or contract. As many people are now finding out, these clauses play a vital role in governing a contract during the unforeseeable. You never think that the unthinkable will happen until it does. That’s where great lawyers take a closer look to decipher the intent behind the language within the contract. The time is now to seek clarification, and the fine print is more relevant than it ever had been.

Depending on the wording of the clause in the contract, a force majeure clause can have a variety of outcomes including excusing a party from performing under a contract, suspension of performance, giving one or both of the parties an option to terminate the contract, or a substitution of performance under a contract. Courts will often construe force majeure clauses narrowly based on their writing, and most contracts do not adequately anticipate pandemics. If the clause in your writing is narrowly written, the courts are likely to enforce it narrowly; however, if your clause is too general, it may not have the sufficient wording to encompass your specific force majeure need. The perfect force majeure clause is somewhere in the middle, between narrow and generally written. We are in an unprecedented circumstance with COVID-19, so having someone utilize their experience to look at how your clause might be interpreted would be a good idea.

Force majeure clauses are not limited to commercial contracts. These clauses can be found attached to contracts in virtually every industry. If you are a tenant that is out of work due to COVID-19, are you required to pay rent? If you are a buyer under a purchase and sale agreement for a house but can no longer qualify for the mortgage, are you required to perform under the contract? Questions such as these could be easily answered if you resort to a properly written force majeure clause. If your lease or contract is missing the clause entirely or if the clause is written in a way that you are unsure whether it fits the COVID-19 crisis, it will take a deeper look into the fine print and meaning of the clause in your particular contract.

When this virus is over, we are likely going to see a flood of evictions, foreclosures, and breach of contract actions using force majeure as a defense. COVID-19 related damages will likely be upheld in many of these actions with a properly written force majeure clause; however, the majority of contracts will be rejected due to their inadequate wording. It would be wise to have your contract reviewed by an attorney as early as possible to determine exactly how to proceed under the language within the contract. It’s all about how you interpret the wording, and that’s what lawyers do best. We specialize in helping you get ahead of the situation, no matter how complicated. Many times, it’s all about keeping an open mind and taking advantage of our experience. If you are questioning whether your force majeure clause is enforceable, make sure to give The Orlando Law Group a call today. We’re staying apprised to the needs of the people and making sure that we help wherever we can.

April 23, 2020/by The Orlando Law Group

Critical Advice: Selling Your Home During COVID-19 from Real Estate Pros

All posts, Coronavirus, COVID-19, Real Estate

You’ve decided to sell your house, but the market lost its influx of buyers due to fear induced by the coronavirus. There are many things we cannot plan for when it comes to being in the mind of the buyer, but if we hit specific standards during the sales process, it may not matter.

There are indeed ways to conduct Real Estate on a high level during chaotic times. You must be patient and cunning, two traits that often feel mutually exclusive. Perhaps circumstances out of your hands have prompted the sale, and you cannot simply take the house off the market.

There comes a time in business when we each are forced to commit to our decisions, despite external circumstances. That’s when we get very good at what we do.

This article is dedicated to hints that will help you navigate a complicated market. It doesn’t take a pandemic to have sellers face hardship. Complications could arise for any reason, and so many times, sellers must come back to reality and restructure their goals. During the Great Recession, many people faced difficulties getting their property situated correctly in the market. For many, it took months before getting offers and weeks after that to get an executed contract. It can be a stressful process, especially with a family facing uncertainty. It’s all about having your rules that work and having a scientific, learning-based approach. These five tips can be used to your advantage and help you through the trials and tribulations.

Make Sure That the Price is Right – This is both a reference to the classic TV Show, but also a recommendation to set your sales price competitively. You need to price the home at a place where you get attention in a drifting market. If you price too high, it will be like you never even put the house on the market at all, and you won’t get the attention you need to sell faster. Always consult real, sold comparable properties. Do not just go off what else is listed because there are no rules that keep someone from putting their home on the market with a price that’s too high. Be the one that prices your home right, and you’ll be the next in line for a serious offer.
Become a Perfectionist – This may sound a bit excessive, but you will have potential buyers that are just as excessive with their attention to detail. In a strenuous market, every single point of interest has significance, and it is worth your time to compare your property visually to all the competition out there. Being competitive always comes down to the details, and we encourage you to do everything in your power to compete. If it’s something that wouldn’t make or break a sale for you, that doesn’t mean your buyers won’t care about it. Everyone has different priorities when it comes to the purchases they make, and many times conducting business on a high level is about being able to think outside of our perspective.
Tour Your Own Home – Take a drive outside, and once you’ve gotten into the mindset of a potential buyer, take a walkthrough of your abode. Be critical of the details. If the door gets stuck, it may not have bothered you after years of living there, but it’ll stand out as a rough first impression. Speaking of, pay close attention to the front of the house. First impressions are everything, and giving a little bit of T.L.C. to the landscaping can add so much curb appeal. Take a weekend and see what you can add that doesn’t break the bank. A clean, minimalistic approach will be the best for having buyers envision their designs and potential plans.
Have a Solid Copilot, but Never Fly Blind – Hiring an excellent Real Estate agent that is going to offer incredible advice can be your most significant advantage in the market. One of your biggest disadvantages could be just letting them handle it and clocking out of the details of the sale. You want to keep a close eye on the week-to-week movement your property undergoes on the market. Many times, clients hire a Real Estate agent based on the feeling they get when talking to them. This can lead to a tendency to lean away from the hard questions. We want you to lean into those discussions. Your agent is there to help you navigate tough waters, and they should always be okay with discussing options, opinions, and points of view that differ with their own.
Waiting For More Money Could Mean More Hardship – Ironically, we always consider money to be more valuable than time, even when it costs us money. Deciding to walk away from a sale because you feel like you deserve $5,000 could cost you a serious buyer. In a market where the next potential buyer could be weeks away from walking into your home, you’ll spend that much money searching for another serious offer. Don’t always let numbers stop a good meeting of the minds and keep challenging yourself to think from the buyer’s point of view. It could mean taking a serious offer despite it not being up to your asking price. The highest offer isn’t always the best, and although that sounds counteractive, time is always an easily forgotten factor. The best offer is the one that can close, and that saves you time, energy, and money spent in the future.

These are five tips to always keep in consideration when conducting Real Estate, but they are especially important to remember when the market shifts. The housing market is still affected by external forces, and COVID-19 is no different. These are ways you can keep a certain level of control over your circumstances. We are here always to help you and have myriad of incredible business professionals to recommend, including Realtors! Keep your head held high, your faith filled full, and your goals gradually going. You’ll get to where you need to be in time.

April 21, 2020/by The Orlando Law Group

THE DIFFERENCE BETWEEN A SERVICE ANIMAL AND AN EMOTIONAL SUPPORT ANIMAL

THE AMERICANS WITH DISABILITIES ACT

NAVIGATING THE FINE LINE

What qualifies as exposed to the virus?

What happens if an employee has been exposed to COVID-19?

What if an employee tests positive?

What defines recovery from the coronavirus?

What actions should you take to disinfect the store?

What is the proper way for our business to fully disinfect?

Requiring current employees to get tested for COVID-19

Should we close the Business?

Personal funds used for business and real estate expenses are nondeductible

Overpaying (Tipping) the IRS will make me “Audit Proof”

You are allowed more deductions by being incorporated

Utilizing the Home Office Deduction Incorrectly

Claiming Deductions That Are Out of the Scope of Your Business

Filing an extension gives you an extension to pay any taxes owed

You Cannot Deduct General Expenses

Considering How Shopping Center Commercial Leases are Unique

What Exactly Is Co-tenancy and How Could It Apply?

What Options do Landlords Have?

A Wave of Litigation on The Horizon

One of the goals of the Families First Coronavirus Response Act is to help assist families who are having to alter their normal ways of living due to canceled plans. One of the big areas to cover is paid leave, and what situations can qualify for effective paid time off.

Trapped in an Unbreakable Lease

They are not alone

Making a difficult time worse

Colleges can only provide limited help

Consequences of an Unbreakable Lease

Wrapping up

Extending the coverage period of the paycheck protection program

Which coverage period makes the most sense?

an alternative way to compute Full-time equivalency

designing the paycheck protection program to be flexible

What if someone tests positive for Covid-19 within the community?

What if the person wants their identity kept from the community?

How should Community associations navigate shared facilities during this time?

Should this affect the Association’s collections?

How Should community Associations navigate potential renovations?

Changes in the required spend on payroll

Increase in the timeframe to spend the loan proceeds

Important notes on the PPP loan compensation

Extension on repayment

Breathing room for business working to operate at 2019 levels

In the hands of the SBA

Personal Injury Overview – Aspects

Section 4022 – Moratorium on Residential Foreclosures

Utilizing the Extensions – Requesting a Forbearance

What About Title Derived Through Foreclosure?

Talk to a bankruptcy lawyer as soon as possible

Clearly evaluate your situation and don’t rush to file bankruptcy

If you have a large amount of cash, it’s time to protect it from creditors

Resist the temptation to sell things to pay your debt

Leave your retirement plan alone

Tirelessly explore your forbearance options

Do this right now

Here’s why Grey Divorce could be on the rise

Our Stance…

Phase One: A Guide to Re-opening Associations Step 1:

Phase One: A Guide to Re-opening Associations Step 2:

Recommendations during this Phase One:

COVID-19 Unemployment Assistance for Gig Workers and Freelancers

COVID-19 Unemployment Insurance Benefits Confusion

Florida and COVID-19 Unemployment Benefits for Gig-Workers and the Self-Employed

Receiving benefits in Florida for Gig-Workers and Freelancers

Related article

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