Commercial & Real Estate Matters
Mary Ann Ruiz, P.A. appreciates the value of property investments and understands the high stakes involved with owning, managing, and also developing luxury real estate. We are dedicated to providing the finest legal counsel by working closely with our clients to produce ideal solutions to existing legal issues and devise strategic plans of action to combat and prevent anticipated future concerns.
Commercial & Real Estate Matters
Mary Ann Ruiz, P.A. appreciates the value of property investments and understands the high stakes involved with owning, managing, and also developing luxury real estate. We are dedicated to providing the finest legal counsel by working closely with our clients to produce ideal solutions to existing legal issues and devise strategic plans of action to combat and prevent anticipated future concerns.
Commercial & Real Estate Matters
Mary Ann Ruiz, P.A. appreciates the value of property investments and understands the high stakes involved with owning, managing, and also developing luxury real estate. We are dedicated to providing the finest legal counsel by working closely with our clients to produce ideal solutions to existing legal issues and devise strategic plans of action to combat and prevent anticipated future concerns.
We represent parties in the real estate sector, including property owners, developers, community associations, construction professionals, sureties, realtors, community association managers and property managers in the following areas:
Representation of community associations in disputes with parcel and unit owners, master associations, sub-associations, insurance companies and others
- General counsel to ensure compliance with governing documents, Chapters 718, 719, 720, 617 and 607, Florida Statutes, Florida Administrative Code and other applicable state and federal law and day-to-day operations
- General counsel on contract drafting and negotiation
- General counsel on turnover procedure and meeting and any related financial audit or construction defect claims
- Attendance and general counsel at membership and board member meetings
- Analysis of governing documents
- Preparation of amendments to governing documents
- Bringing enforcement actions on governing documents, statutes and common law, including claims based on nuisance, breach of quiet enjoyment, trespass, and environmental and safety hazards
- Bringing collections actions for association lien foreclosures and other debt collections
- Pursuing claims for or against association officers and directors for breach of fiduciary duty, misappropriation of funds, financial mismanagement, and fraud
- General counsel overseeing insurance defense coverage and counsel in litigation
- Litigation of all matters
Representation of owners, buyers, sellers, real estate agents and brokers
- Bring or defend claims involving breach of a real estate purchase or sale agreement, including disputes involving fraud and misrepresentation or requiring specific performance
- Bring or defend claims for failures to disclose
- Bring or defend mortgage foreclosure claims
- Bring or defend claims involving title disputes, easements, adverse possession, quiet title actions, and encroachment
- Bring or defend claims involving boundary disputes, zoning violations, and municipal code compliance issues
Representation of owners, construction professionals and design professionals
- Bring or defend claims for breach of contract, including allegations of fraud, failure to perform, and breach of express or implied warranties
- Bring or defend claims for construction and design defects
- Bring or defend claims for construction delays, including allegations of delays caused by negligence, bad faith, fraud, or active interference
- Bring or defend claims for payment and lien foreclosure actions
- Bring or defend claims for payment and performance bonds, including surety bonds
Representation of landlords and tenants in residential and commercial properties
- Bringing or defending claims for lease violations, provision enforcement, nonpayment of rent, hazardous property conditions and eviction
- Review and analysis of covenants and conditions of commercial leases and issues concerning landlord liability
- Prepare and serve requisite statutory notices, including rent increases, violation of lease agreement, and termination notices
Representation of owners or those opposing changes
- Representation throughout regulatory and permitting process, including planning and zoning applications for new development, variances, amendments to comprehensive plans, and other matters
- Representation concerning historical preservation and designation
- Representation concerning building code or other violations
- Representation at special master hearings
Representation of varied parties in commercial disputes
- Bring or defend claims for breach of contract, including seeking or defending damages for costs, specific performance, liquidated damages, and attorneys’ fees and costs
- Complex contract interpretation, including those relating to real estate, construction, and commercial leases
- General counsel relating to corporate governance, including interpretation of Articles of Incorporation, Bylaws, relevant statutory provisions, and other governing documents
Notable Commercial & Real Estate Cases
Current representation of North American surety company in complex business division, multi-party litigation, involving payment disputes and construction defect claims concerning the construction of a multi-tower, luxury condominium project.
Represented out-of-state engineering expert in pre-suit recovery of engineering fees, earned for construction defect consultation, via lien against condominium association, effectuated as lien on each condominium unit in its ownership share.
