Association Law Litigation Real Estate Insurance

Transcription

1 Association Law Litigation Real Estate Insurance Committed to client satisfaction Our Partners Andrew Lewis, Jed Frankel, Gary Brown Dennis Eisinger, David Chaiet Our Team at Work Alessandra Stivelman, Sydney E. Scheinman, Jackelyn Travieso-Stewart, Grace Rodriguez Presidential Circle 4000 Hollywood Boulevard Suite 265-S Hollywood, FL P: F: Presidential Circle Hollywood, FL Of Counsel To: Scruggs & Carmichael, P.A. One Southeast 1 st Avenue Gainesville, FL P:

2 EISINGER BROWN LEWIS FRANKEL & CHAIET, P.A. EISINGER BROWN LEWIS FRANKEL & CHAIET, P.A. is dedicated to providing the highest level of quality legal services to its clients. The firm represents a broad range of clients which include public companies, healthcare providers, insurance companies, financial institutions, real estate developers, not-for-profit community associations, mid-sized business entities and individual entrepreneurs. The firm possesses a keen knowledge and understanding of the diverse business and socioeconomic issues that are unique to the Florida area and continually impact the business transactions and personal needs of its clients. The firm is steadfast in its use of a client-focused, solution-driven approach to achieving its clients business objectives and solving its clients legal problems. Each attorney at the firm promises to respond promptly to the needs of the firm s clients and to deliver practical solutions to all problems, regardless of the complexity. The firm continues to utilize and take advantage of the latest technologies in order to manage its clients matters in the timeliest and most costefficient manner. The firm is experienced in a variety of sophisticated business and financial dealings, and our attorneys always work diligently to facilitate the consummation of our clients transactions. We pride ourselves on our reputation as being deal makers rather than deal breakers. Of course, in the event that we have exhausted all other avenues of negotiation with respect to any particular matter, the firm is always primed and prepared to defend and preserve the rights of our clients in the litigation arena and will not retreat from any challenge. As a mid-size firm, perhaps our most unique quality is the ability of our attorneys to offer a diverse number of services to our clients in many areas of the law, while still providing personal and meticulous attention to each of our clients and their legal matters. The firm also maintains an office in Gainesville, Florida, as of counsel to the law firm of Scruggs & Carmichael, P.A., wherein we service the needs of clients in the Gainesville and North Central Florida area. The primary areas of the law in which the attorneys of EISINGER BROWN LEWIS FRANKEL & CHAIET, P.A. practice include, amongst others, the following: Condominium, Homeowners Association, and Equity Club Law; Real Estate Transactions, Financing, and Developer Representation Commercial and Residential Leasing; Title Insurance Issuance; Civil, Commercial and Corporate Litigation; Landlord/ Tenant Law; Insurance Law; Corporate and Partnership Law; Construction and Lien Law; Property Tax Valuation Contests. CONDOMINIUM, HOMEOWNERS ASSOCIATION & EQUITY CLUB LAW The firm is particularly active in the area of condominium law, the representation of condominium associations (both residential and commercial), homeowners associations, equity clubs and real estate developers involved in the creation of such communities. By virtue of our thorough understanding of Florida s comprehensive Condominium Act and other applicable laws pertaining to both condominium and homeowners associations, as well as our strong working relationship with the regulatory agencies in the State of Florida, our attorneys provide exceptional representation to numerous community associations throughout Florida. The following is a list of some of the many services we provide to our condominium and homeowners association clients on a daily basis: Attendance at board of directors and membership meetings, and providing general counsel to the association; Preparation of notice packages for annual meetings, special meetings and elections; Review of proposed contracts and contractual obligations affecting or desired by the association including, without limitation, contracts pertaining to building repainting, roof replacement, concrete restoration, general construction, valet parking service, security service, telecommunication service, and property management service; Interpretation of existing governing documents of the community and preparation of proposed amendments; Representation of the association with respect to construction defect claims and matters relating to financial obligations of developers; Review and negotiation of loans for the association from institutional lenders to cover common expenses for large projects or other capital needs; Enforcement of restrictions and covenants contained within the community s governing documents; Collection of delinquent general and special assessments by writing demand letters, filing claims of lien and, if necessary, initiation of lien foreclosure proceedings; Representation in prosecuting and/or defending the association in litigation and arbitration matters. In our representation of real estate developers, our attorneys participate in all aspects of a development project including, without limitation, the overall planning of the community, the preparation of the requisite condominium or other needed community association governing documents and restrictive covenants, and the ultimate sale and closing of the improved properties to thirdparty purchasers. The firm s extensive knowledge of Florida s corporate laws, together with our vast experience with community association and development regimes, has also led to our firm s representation of a variety of equity clubs, and other social and golf clubs. Our attorneys are experienced at handling issues which may arise in an equity club setting including, but not limited to, member rights, voting, membership eligibility, membership transferability, budgetary issues, operations, enforcement of governing documents and member disciplinary issues. REAL ESTATE TRANSACTIONS, FINANCING, DEVELOPER REPRESENTATION, COMMERCIAL AND RESIDENTIAL LEASING & TITLE INSURANCE The firm s Real Estate/Transactional Department is proficient in counseling clients in all areas of real estate acquisition, development, sale, commercial and residential leasing, financing, and title insurance. In particular, our attorneys are adept in drafting, reviewing, negotiating and advising our clients with respect to contracts involving the purchase and sale of real property, the development and construction of real property (including construction contracts and architect contracts), the financing of real estate developments, and the leasing or subleasing of real property. We offer guidance to our clients in their selection of the appropriate entities through which to acquire and develop real estate, and assist them in forming such corporations, partnerships, joint ventures, limited liability companies and other entities. Throughout the years, the firm has represented countless developers, borrowers and institutional lenders with respect to transactions involving acquisition, development, construction, bridge and permanent loans, multi-family residential financing, commercial financing, letter of credit facilities, warehouse facilities, loan consolidations and loan workouts. The firm is experienced in both real estatebased loans and asset-based loans. The firm is capable of acting as closing agent for our clients and their lenders for residential and commercial closings, and we are an approved title agent for multiple title insurance companies. We are equipped to represent our clients quickly and cost-effectively regardless of the size of the transaction, and with respect to both commercial and residential properties. The firm possesses a particular expertise in its representation of clients who create and develop condominiums, and other residential communities and also has substantial experience in mixed-use projects.

3 EISINGER BROWN LEWIS FRANKEL & CHAIET, P.A. CIVIL, COMMERCIAL & CORPORATE LITIGATION The firm s Litigation Department is actively engaged in civil litigation involving sophisticated and complex matters in both State and Federal courts, as well as arbitration and administrative proceedings. The attorneys in our Litigation Department are not only experienced trial attorneys, but savvy business advisors who are capable of helping our clients observe and understand all relevant issues pertaining to a particular case from a number of different perspectives. Our attorneys have experience in many areas of litigation including, without limitation, general commercial and corporate insurance coverage, covenant enforcement, creditors rights, class action, real property, construction defect, construction lien, appellate, landlord-tenant, commercial and residential evictions, shareholder disputes, shareholder derivative actions, foreclosure actions (real and personal property), quiet title actions, theft and conversion of property, commercial fraud, breach of contract, and other general business disputes. LANDLORD/TENANT LAW The firm s attorneys have a broad range of experience in handling commercial and residential landlord-tenant cases in both County and Circuit Court. We have litigated complex issues involving statutory landlord s liens for unpaid rent, obtained pre-judgment distress writs securing a landlord s claim to personal property, counseled clients regarding the disposition of abandoned property, and obtained stay relief in the event of a bankruptcy filing. When necessary, the firm s attorneys become actively involved in various aspects of the eviction process, seeking relief from the court on an emergency basis, expediting post-judgment file processing by the local Sheriff s Office, and even arranging for the physical removal of former tenants consistent with Florida law. INSURANCE LAW The firm has expertise in handling both firstparty and third-party insurance matters. The attorneys in the firm have extensive experience in liability cases, coverage disputes, motor vehicle accidents, premise liability, fidelity/surety, subrogation, real and personal property damage, condominium, bad faith, and fraud cases. In addition to our representation of large insurance companies, we are frequently called upon to assist clients in pursuit investigations and claim evaluations, including conducting examinations under oath and providing coverage opinions. CORPORATE & PARTNERSHIP LAW The firm represents a diverse group of businesses as outside or special corporate counsel. Representative clients include real estate development, leasing and management companies, hoteliers, finance companies, retailers, construction-related concerns, manufacturers, medical professionals, entrepreneurs and entertainment companies with business entities including a variety of corporations, general and limited partnerships, joint ventures and limited liability companies. We work closely with our clients and their accountants in regard to the selection of the most appropriate business entity, in forming and maintaining the entities and in preparing employment agreements, partnership agreements and operating agreements. We have extensive experience in the purchase and sale of business assets, and stock and partnership interests, as well as all phases of asset-based lending. CONSTRUCTION AND LIEN LAW The firm represents general contractors, architects and other design professionals in many construction-related issues. We have substantial experience in the negotiation of construction contracts, architect contracts and subcontracts, as well as enforcing remedies available under Florida s construction lien law. We have considerable knowledge of the construction lending process and are adept in the negotiation of construction loan documents from the various perspectives of the developer, the general contractor, and the architect. We have handled construction claims both in arbitration and in Florida s courts. The firm also frequently represents community associations and developer clients in construction defect litigation and construction lien disputes. PROPERTY TAX VALUATION CONTESTS Our attorneys have considerable legal expertise with respect to property tax valuations and adjustments. The attorneys at the firm have been successful in reducing the valuation of commercial properties, hotels, apartment buildings, condominium buildings and residential homes by millions of dollars. We have the experience and resources to properly analyze the valuation placed on real property by the local property appraiser. Most of our attorneys have been practicing law in the Florida area for their entire careers and are intimately familiar with local real estate markets, which enable them to better understand the issues involved in pursuing a reduction in property taxes. We are capable of representing our clients throughout the entire tax appeal process, including the filing of petition, researching, preparing and attending the hearing before a Special Master, and handling all appeals. Dennis J. Eisinger, Esq. Dennis J. Eisinger is the founding member of Eisinger Brown Lewis Frankel & Chaiet, P.A. and serves as the firm s managing partner. As evidenced by his frequent recognition in numerous local and state publications as a Top Lawyer, he is very well-respected by his peers in the areas of community association law, community development, and real estate. For the past three decades, he has represented the interests of numerous condominium and homeowners associations and co-ops statewide. In addition, he has built a successful real estate and corporate law practice, representing developers, financial institutions and private equity clubs. Mr. Eisinger began his law career with a boutique law firm in North Miami Beach. He rose to the level of partner before leaving to open the South Florida office of a well-known national firm. He then founded Eisinger Brown in Besides his law practice, Mr. Eisinger has made a name for himself in the area of community association law through teaching and leadership in professional organizations. He is a longtime board member and former president of the Community Association Institute (Miami Chapter), which is a national not-for-profit trade organization that serves the community association industry. He is also a founding member of a key CAI committee called Florida Legislative Alliance, which advocates for rules and laws that improve and support the interests of community associations in the legislative arena. Through CAI, Mr. Eisinger also created and organized the first formal mediation program for community association disputes in Mr. Eisinger is an Adjunct Professor of Law at the University of Florida s School of Law, teaching a class on condominium and community development law to second and third-year students. He is also a frequent speaker on issues affecting communities. He has appeared on national television on multiple occasions as an expert on community association and real estate topics, and he has been a guest lecturer for the University of Miami Institute on Condominiums and Cluster Development, Florida Institute of Certified Public Accountants, Institute of Real Estate Management and the Aventura Marketing Council, an organization he has been active in for years as a board member and officer. Mr. Eisinger is also certified by the Florida Department of Business and Professional Regulation to provide continuing education seminars to Community Association Managers. Mr. Eisinger believes that, in order to be successful, one must give back to the community in which they live, and he is a testament to that philosophy. For the past two decades, he has been very active in youth sports programs in Broward County (i.e., baseball, basketball and football) as an active volunteer and coach with the Cooper City Optimist Club Program, the David Posnack Jewish Community Center, and YMCA. He was also a volunteer member of the Cooper City Blue Ribbon Committee, which was charged with making recommendations on capital improvements and expenditures in the city. And he was active as a Cops and Kids Campaign volunteer. In addition, Mr. Eisinger has organized several charity golf tournaments to benefit many worthwhile charities in the area. Mr. Eisinger received his undergraduate degree in Business Administration (with High Honors) from the University of Florida. He then went on to study law at the University of Florida s School of Law, earning his J.D. in 1980.

4 Mr. Eisinger is a member of The Florida Bar s Real Property, Probate and Trust Law Section. He is also AV rated by Martindale Hubbell, which is the highest ranking bestowed by the organization that evaluates attorneys and law firms. Gary L. Brown, Esq. As an AV rated attorney, Gary L. Brown represents clients in the real estate, hospitality and community association areas of law. Mr. Brown received his undergraduate degree, with honors, from the University of Miami, and earned his J.D. from Florida State University College of Law in He was admitted to The Florida Bar in 1982 and received his LL.M. in Taxation from the University of Miami School of Law in The primary focus of his practice is in real estate development, construction, and financing, with an emphasis on resort and hospitality law. Mr. Brown is a member of the Real Property, Probate and Trust Law Section of the Florida Bar. Andrew I. Lewis, Esq. Andrew Lewis received his Bachelor of Arts Degree from Cornell University in 1990 and his J.D. from the University of Miami School of Law in Mr. Lewis was also admitted to The Florida Bar in The South Florida Legal Guide recognized Mr. Lewis as a Top Up and Comer in the legal profession each year during the period of 2004 through 2010, and as a Top Lawyer in He focuses his practice on real estate development, condominium, homeowners and community association law, construction law, financing, and general real estate and corporate law. Mr. Lewis is a member of the Real Property, Probate and Trust Law Section of The Florida Bar, and serves as the Treasurer and an executive member of the Board of Directors of the Aventura Marketing Council. Mr. Lewis is also actively involved in his local community, including being a member of the Cooper City Optimist Club, and a coach for youth sports. Jed L. Frankel, Esq. Jed Frankel represents numerous community associations and other clients before administrative, trial court and appellate panels across the state. Mr. Frankel is Board Certified in Civil Trial Law by The Florida Bar and AV rated by his peers. He was the successful trial and appellate counsel in the landmark decision of Bay Holdings Inc. v Island Condominium Ass n, Inc., 895 So. 2d 1197 (Fla. 3rd DCA 2005) which set the limits on the cap under Florida Statute Mr. Frankel graduated from Emory College in 1990 with a Bachelor of Arts Degree summa cum laude, and earned his J.D. with honors from the University of Florida College of Law in 1993 where he received the James W. Locke scholarship. While at Emory, he was a Dean s Scholarship recipient for four years and inducted into the Pi Sigma Alpha and Phi Alpha Delta honor societies. Mr. Frankel was admitted to The Florida Bar in 1993, the United States District Court for the Southern District of Florida in 1994 and the United States Court of Appeals, Eleventh Circuit in Mr. Frankel focuses his practice on dispute resolution and complex commercial litigation. He is also involved in many professional and community organizations, including the Trial Lawyers Section of The Florida Bar, the Board of Directors of the B nai B rith Justice Unit 5207, the Board of Directors of Beth Moshe Congregation and the Emory Alumni Association of South Florida. Mr. Frankel is a Life Member of the University of Florida National Alumni Association, an Assistant Disciplinary Counsel of Phi Gamma Delta Fraternity, and the Secretary of the Graduate Association of Phi Gamma Delta at Florida International University, Inc. Mr. Frankel is active in the Community Association Institute of South Florida and the Aventura-Sunny Isles Beach Chamber of Commerce. Over the years, he has been a member of the Miami Beach Jaycees, City of Miami Beach Charter Review Committee, City of Miami Beach Committee on Homelessness, Bay Harbor Charter and Ordinance Review Committee, and the Professionalism Committee of the Dade County Bar Association. Mr. Frankel also volunteers with the Florida Supreme Court s Justice Teaching program speaking to elementary school students about the civil justice system and related issues. He currently serves on the Board of Directors of the Tennis4All Foundation. David S. Chaiet, Esq. David Chaiet received his Bachelor of Arts Degree from SUNY-Binghamton University in Mr. Chaiet earned his J.D. from Emory University School of Law in 1991, where he served as a Notes and Comments Editor for the Emory International Law Review. He was admitted to the Georgia Bar in 1991 and both The Florida Bar and New York Bar in Mr. Chaiet has also been admitted to the United States District Court for the Southern Districts of Florida and the United States Court of Appeals, Eleventh Circuit. After practicing in Georgia with the United States Department of Justice-Federal Bureau of Prisons and a small Atlanta insurance defense firm, he relocated to South Florida in 1994 where he worked for one of the State s largest insurance defense firms. Mr. Chaiet joined the firm in 2002 and became a partner in Mr. Chaiet has litigated, mediated and tried a diverse number of cases including automobile accidents, catastrophic injury cases, premises liability, insurance coverage, bad faith, insurance fraud, construction, condominium, property damage, and commercial litigation matters. He has also handled a number of appeals during his legal career. Mr. Chaiet frequently addresses insurance company representatives lecturing on various legal issues including first-party fraud and bad faith. His main areas of practice include insurance litigation, personal injury defense, commercial litigation, tort and property law, and first-party insurance claims. Alessandra Stivelman, Esq. Alessandra Stivelman is from Rio de Janeiro, Brazil, and is fluent in English, Portuguese and Spanish. Upon graduating cum laude from the University of Southern California with a Bachelor of Arts Degree in 2004, Ms. Stivelman earned her J.D. cum laude from the University of Miami School of Law in While in law school, Ms. Stivelman was on the Dean s List and was a member of the Society of Bar and Gavel. She was admitted to The Florida Bar in 2008 and the U.S. District Court for the Southern District of Florida in Prior to joining the firm, Ms. Stivelman was a litigation associate at a prestigious law firm in Miami where she practiced complex commercial litigation, business law, family law, construction litigation and also handled contract disputes and bankruptcy matters. Ms. Stivelman focuses her practice on real estate law, condominium and community association law, and commercial litigation. She is a member of The Florida Bar and the Dade County Bar Association, the FBI Citizens Academy Alumni Association, and the USC Alumni Association Admission Volunteer Team. Sydney E. Scheinman, Esq. Sydney Scheinman is a real estate attorney. Mr. Scheinman received his undergraduate degree and graduated magna cum laude from Colgate University in 1974, and received his J.D. from the University of Miami School of Law in He was admitted to The Florida Bar in Mr. Scheinman is a member of Phi Beta Kappa. He focuses his practice on title matters, purchase and sale transactions, and is also an extremely valuable member of the firm s Community Association Collection Department, where he assists clients with the recovery of delinquent maintenance assessments. Michele A. Crosa, Esq. Michele Crosa is a member of the firm s Litigation Practice Group. Ms. Crosa graduated from Florida International University with her Bachelors in Philosophy where she was also the treasurer of the Phi Alpha Delta legal fraternity. After graduating from FIU, Ms. Crosa subsequently received her J.D. from the University of Denver College Of Law. In law school, Ms. Crosa was a student attorney in the Student Tax Law Clinic and an officer of the Law School s Moot Court Board. She was admitted to The Florida Bar in 2007 and is also admitted to practice before the U.S. District Court for the Middle and Southern Districts of Florida, as well as the U.S. Bankruptcy Court for the Southern District of Florida. Ms. Crosa focuses her practice on commercial and general litigation and real estate law. Prior to joining the firm, Ms. Crosa was a partner in a boutique litigation firm, where she focused her practice on commercial litigation. While there, she represented a diverse group of clients including individuals, businesses, real estate developers, and condominium associations in state and federal court where she handled a variety of civil and complex litigation matters. Ms. Crosa is a member of the Cuban American Bar Association and the Florida Association of Women Lawyers. She has completed the Florida Bar Advanced Trial Advocacy Seminar and is an ongoing participant in the Put Something Back pro-bono program.

5 Gregory R. Eisinger Greg Eisinger focuses his law practice on condominium, homeowners and community association law, real estate transactions and development and litigation. He regularly works with Eisinger Brown Lewis Frankel & Chaiet attorneys and paralegals on servicing the firm s Florida condominium, HOA, real estate developer and transactional clients. Eisinger received his bachelor s degree from The University of Florida Warrington College of Business and earned his Juris Doctorate in Law from Nova Southeastern University, Shepard Broad Law Center. He was on the Nova Law Review, in the Pro Bono Honor Program and was a Bronze Level Merit Scholarship recipient.