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Widerman Malek Law Blog

Can HOA’s Fine Owners?

HOA Laws and Rights Do Homeowner Associations have the right to fine owners who do not comply with their rules?  In Virginia, this very question was put before a judge to decide.  A dispute arising between Maria and Sam Farran and their HOA at the Olde Bellhaven in Fairfax, VA over a political sign stirred […]

Laws Regarding Home Fencing

This spring homeowners may be thinking about sprucing up their properties’ curb appeal. Fences are a popular choice among homeowners to add instant curb appeal to a home. Fences not only aesthetically enhance a home, but they also act as privacy divider.  Are you contemplating installing a fence around your property?  If so, it is […]

Can Passengers Sue Cruise Ships for Catching Norovirus On Board Ship?

In the past year, a mutant strand of the norovirus invaded over a dozen cruise liners around the world. The virus is nicknamed “Sydney 2012” because the virus is believed to have originated from Sydney, Australia.  Prior to modern day technology, passing ships communicated through use of various flags, with the yellow flag indicating “Plague […]

Remember This? When Common Sense Loses in a Court of Law

Are you aware that coffee is served hot? How about that if hot coffee were to accidentally spill on someone it could burn that person?  If you knew both these facts, congratulations you have mastered common sense.  Common sense tells us that hot beverages are going to hurt if poured onto our skin.  Anyone who […]

Florida Residential Eviction: The Process

Prologue: The First Step is Denial. Your tenant missed a few rent payments. You’ve been reasonable, and given them some time to scrape the money together. At some point, enough is enough. After all, you have mortgage payments to make. In my experience, when a landlord lets a tenant get away with missing rent payments, […]

Beach Easements: Are Private Beaches Truly Private?

Rhode Island, known as the Ocean State, has a beautiful coastline on the Atlantic Ocean.  Its private and public beaches are enjoyed throughout the summer months by residents and tourists alike.  One day as a teenager I ventured forth with friends onto a private beach in Newport.  We were hoping not to be noticed if […]

Do you always have to pay rent?

The short answer is no, you don’t always have to pay your rent, but the circumstances that allow you to make partial payments, or to stop paying altogether are very limited.  In short, generally you need to pay your rent.  You might win a case and get that rent returned or get something fixed, but […]

Can I disinherit someone?

In Florida and many states (if not all states), the short answer is you can absolutely disinherit someone . . . mostly.  There’s a catch or two though.  You can disinherit anyone to a certain degree.  The problem is that statutes sometimes allow certain heirs the ability to take an elective share of the elective estate […]

Graduates Battle Their Alma Maters

For over four years our economy has lay dormant in the gutter.  Jobs are scarce and the few that are available offer low paying salaries with lousy company benefits.  We keep hearing the golden age ended.  No more pensions, plush company outings and other employee perks that were once taken for granted, shall employees receive.  […]

Beware of Attractive Nuisances Laws in Florida

On January 19, 1986, the American children’s television show, Punky Brewster, featured an episode called “Cherie Lifesaver”.  During this episode, a little girl named Cherie becomes trapped in a discarded refrigerator in a game of hide and seek.  She is not found until hours later, but fortunately is saved before suffocating to death. If this […]

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