Redding & Associates, P.A. recognize that effective representation of our clients requires the ability to have errors made by a trial court corrected on appeal. Our Firm recognizes that while appeals are often intensive and time-consuming, that clients should not be prevented from having errors corrected on appeal due to the cost of an appeal. It is this core concept that leads Redding & Associates, P.A. to work with clients in a cost-effective matter that allows them to prosecute or defend an appeal. Whether it is handing the appeals of our clients, handling the appeals of cases tried by other law firms or serving as co-counsel with other lawyers for the appellate process, Redding & Associates, P.A. recognize that each appeal is unique and work with clients to ensure the issues being appealed are resolved in favor of the client.

Regarding the community association law, collections and foreclosures have become an essential aspect of community associations. Our firm is dedicated to helping clients recover losses in a timely and cost-efficient manner. This includes the sending of mandatory legal notices, filing of claims of liens against a delinquent property and foreclosing on the claim of lien if necessary. We also work to ensure our clients are in compliance with all applicable Federal and Florida debt collection laws. Our focus is on working with our clients and the delinquent owners to find a resolution that leads to money being received by the client. If a resolution cannot be reached, then our firm will take the collection matter to completion, often recovering the property or the full amount due to the client. Redding & Associates, P.A. also represents individuals who are faced with collection and foreclosure to ensure their rights are protected, this is addressed under our litigation practices.

Among the types of services provided to clients are the following:

  • Drafting and sending of mandatory collection notices and claims of lien.
  • Filing of foreclosure actions on liens and mortgages.
  • Prompt prosecution of foreclosure and collection actions.
  • Guiding clients through the process of obtaining and collecting on judgments.

The lawyers at Redding & Associates, P.A. offer comprehensive representation in every aspect of residential and commercial lease transactions. We counsel our clients, draft, review, and help negotiate retail leases, commercial leases, property management, office leasing, and ground leases. Our experienced real estate team understands all of the tenant and landlord laws for the state of Florida and we provide expert representation during all lease-related disputes and transactions.

While some leases are fairly simple, others can contain complex language not easily understood. Even the simple lease might be missing terms that one may not easily identify.  These terms may need to be included for your protections. It is important that you have an experienced attorney review or draft your leases so that you can sign that lease with confidence and ease of mind.

Residential Lease Agreements

Residential lease agreements are used for single-family homes, duplexes, privately owned condominium units, and apartments. When dealing with residential lease agreements, often times these have been cobbled together over the years by the owner. This results in conflicting or inconsistent terms and can result in problems for both the tenant and the landlord. As a landlord, you need to protect your investment, as a tenant you need to protect your rights. The lease agreement must be in accordance with Florida landlord tenant laws. The lawyers at Redding & Associates, P.A. can advise you on your rights, help draft or negotiate residential lease agreements, and represent you in court should a dispute arise.

Commercial and Business Lease Agreements

The lawyers at Redding & Associates, P.A. assist business owners, commercial landlords and franchise owners who are entering into lease and sub-lease agreements. Commercial leases are more complex than the residential variety and have numerous issues and requirements not encountered in a residential lease. Commercial leases, by nature are customized to the property management company’s or landlord’s needs. Therefore, it is important that a business owner seeks the counsel of an experienced that can help draft or negotiate commercial lease agreements, and represent you in court should a dispute arise.

Whether you need to draft an agreement for a commercial tenant or you need assistance negotiating better terms on your own residential lease agreement, the lawyers at Redding & Associates, P.A. apply their experience in related areas of law. Having experience in civil litigation, community association law, title insurance, and real estate law, they are able to apply their real world experiences, to the art of lease negotiations and interpretations. 

Our commercial and residential leasing services include but are not limited to:

  • Preparing, reviewing and negotiating ground leases, office space leases, and retail leasing.
  • Sub-leases.
  • Submerged land leases.
  • Review of condominium documents related to leasing prohibitions.

Community associations—condominiums, townhomes, cooperatives, single family homes, master associations—are effectively a small local governments that administer a neighborhood or development. Community associations are governed by complex, and at times convoluted, sets of interdependent federal and state statutes, administrative rules and regulations, court and arbitration decisions and the governing documents of the community. Often, the question of what particular statute or law applies to a community and whether the law or statute or the governing documents control will depend exactly on the facts behind the question. One cannot simply read a statute or section of a governing document to determine the answer to a question.

The attorneys at Redding & Associates, P.A. are skilled at navigating clients through the complex set of rules, statutes, administrative regulations, and governing documents. The attorneys of Redding & Associates, P.A. cover the entire spectrum of legal counseling of condominium, cooperative, time shares and homeowners associations. Our attorneys play an integral part in assisting the Board of Directors and management companies prepare for and conduct meetings; answering questions about the governing documents and the applicable law; enforcing the governing documents and restrictions and; drafting and negotiating contracts for provision of services

Our attorneys use their knowledge of community association law to help associations or developers draft and amend declarations, by-laws and other governing documents. Our firm can also help community associations enforce their governing documents. Whether it is litigating disputes over the election of directors, obtaining injunctive relief against association members who are violating the Association’s restrictive covenants, recording and foreclosing claims of liens for unpaid assessments, or litigating the priority of those liens, our firm can handle your litigation needs.

Redding & Associates, P.A. works with community associations on their day-to-day operations in an effort to avoid litigation in the future over actions taken by the community association. Community associations frequently call on us to advise them on a wide spectrum of issues that face community associations on a regular basis and more frequently in today’s complex legal world, issues that are unique to the community.

Among the types of services routinely provided to Community Association clients are the following:

  • Providing guidance on the application of state and local law and court decisions and administrative rulings impacting community associations.
  • Compliance with applicable Federal laws, including the Fair Housing laws, as well as similar Florida statutes and county and municipal ordinances.
  • Interpretation, amendment and enforcement of the governing documents of community associations.
  • Answering questions regarding operational, technical, regulatory, and practical issues affecting community associations.
  • Advising community associations on disability and fair housing issues, including emotional support animals.
  • Assisting community associations with all aspects of turnover of a community association
  • Guiding community associations on the questions maintenance and repair issues.
  • Drafting and reviewing contracts for the management, maintenance, repair and operation of community associations.
  • Assisting in planning and developing contracts for construction projects and complying with construction lien laws.
  • Collection of delinquent assessments and financial obligations.
  • Reviewing loan documents and structuring commercial lines of credit and/or arranging sources of financing for recreation lease purchases, capital improvements, etc.
  • Marketable Record Title Act (MRTA), including preservation and revitalization of covenants.

Regarding the community association law, collections and foreclosures have become an essential aspect of community associations. Our firm is dedicated to helping clients recover losses in a timely and cost-efficient manner. This includes the sending of mandatory legal notices, filing of claims of liens against a delinquent property and foreclosing on the claim of lien if necessary. We also work to ensure our clients are in compliance with all applicable Federal and Florida debt collection laws. Our focus is on working with our clients and the delinquent owners to find a resolution that leads to money being received by the client. If a resolution cannot be reached, then our firm will take the collection matter to completion, often recovering the property or the full amount due to the client. Redding & Associates, P.A. also represents individuals who are faced with collection and foreclosure to ensure their rights are protected, this is addressed under our litigation practices.

Among the types of services provided to clients are the following:

  • Drafting and sending of mandatory collection notices and claims of lien.
  • Filing of foreclosure actions on liens and mortgages.
  • Prompt prosecution of foreclosure and collection actions.
  • Guiding clients through the process of obtaining and collecting on judgments.

The lawyers and staff at Redding & Associates, P.A. play an integral part of our corporate clients’ professional team, not only from inception and formation, we also provide ongoing small business support. When you are considering starting a new business, the formation of the business entity is vastly important to your protection, if not ultimate success. The Firm assists its corporate clients in the various aspects of operating a corporate entity in today’s increasingly complex regulatory environment. The Firm prides itself on being pragmatic, results-oriented partner that serves each client's unique needs while maintaining a commitment to the achievement of the client's goals.

When starting a new venture it is important to identify the type of business entity best serves your needs. There are a number of business entity models that should be considered by new and existing business owners. When considering whether you should incorporate, form an LLC, or a partnership,

Our corporate/business law services include but are not limited to:

  • Assisting clients in choosing the appropriate business entity to meet their goals.
  • Advising clients on agreements and contracts to protect the interests of the client.
  • Providing guidance on fiduciary duties of directors and officers and their interaction with shareholders and members.
  • Drafting Articles of Incorporation.
  • Drafting By-laws.
  • Drafting Articles of Organization for LLCs.
  • Preparing Operating Agreements for LLCs.
  • Drafting Management Agreements.
  • Drafting Shareholder Agreements.
  • Drafting Buy-Sell Agreements.
  • Drafting Partnership Agreements.
  • Drafting Joint Venture Agreements.

The lawyers and staff at Redding & Associates, P.A. understand that while clients do not expect to litigate a real estate matter, that sometimes there is no other option that to litigate a matter. For this reason, the firm represents its clients in all aspects of real estate litigation to ensure the parties to the transaction live up to their legal obligations. We pride ourselves on taking prompt action for clients to protect their interests and recover any losses suffered as a result of a breach of a real estate transaction. Throughout the course of the litigation, we remain in contact with our clients so they are fully aware of where their case stands, and work with our clients to understand the risks and rewards of litigation.

Our real estate litigation services include, but are not limited to:

  • Assisting clients in property, boundary and ownership disputes.
  • Advising clients on code enforcement matters.
  • Prosecuting quiet title actions for clients.
  • Prosecuting partition suits.
  • Identifying title defects and pursuing title claims.
  • Assisting clients with due diligence for purchasing property, including at tax deed and foreclosure sales and bank owned properties.
  • Negotiating and resolving disputes over leases and sales contracts.
  • Drafting documents to protect clients with both pre-closing and post-closing issues.
  • Assisting clients with compliance with TRID and CFPB matters.
  • Handing real estate commission disputes.
  • Assisting Realtors with FREC and local association complaints.
  • Commercial, industrial, and retail lease disputes.
  • Surveys and boundary disputes.
  • Foreclosure and foreclosure defense.
  • Estoppel letter fee reimbursement.

The purchase and sale of real estate in Florida requires a written offer from a buyer and acceptance by the willing seller, this is the contract. It is important that the buyer’s offer reflect exactly what the buyer is intending because once the seller has accepted the offer there is a binding contract, the seller is under no obligation to accept further negotiations and bartering. The seller has the power to bind a buyer to those already agreed upon terms. The lawyers at Redding & Associates, P.A. will always advise that one should never sign a contract that has not be reviewed by a real estate lawyer. Today the promulgated, form contracts are generally fine for real estate sales transactions, the problems arise from what goes in the blanks, or what is left off of the blanks. Have you inadvertently waived the financing contingency? Do you have enough time to apply for financing? Was the inspection period shortened such that it is impossible to have the property inspected by a reputable inspector? There are a great number of variables that could easily be affected by incorrectly filing out the blanks. It is important to make sure you are not exposing yourself.

Redding & Associates, P.A. offer full legal representation of buyers or sellers of residential real estate. We pride ourselves on providing regular communication with our clients in order to make the experience is a positive one. At the outset of the transaction, our clients receive a check list of action items, which party is responsible for the items and calendar appointments for critical contractual dates. Throughout the process, we remain in contact with our clients so they know which action items have been received and which remain open. This emphasis on communication and attention to the needs of our clients has allowed us to earn referrals from real estate and mortgage professionals.

The lawyers at Redding & Associates, P.A. apply their experience in related areas of law. Having experience in civil litigation, community association law, and title insurance, they are able to apply their real world experiences, to the art of contract negotiations and interpretations.

Our real estate transaction services include, but are not limited to:

  • Advising clients on property development, purchase and sale.
  • Commercial and residential leasing.
  • Advising clients on matters of real estate finance.
  • Assisting clients in loan workouts.
  • Assisting clients with structuring real estate partnerships and investments.
  • Residential and commercial closings.
  • Courtesy closings.
  • Escrow services.
  • Contract drafting and interpretation.
  • Preparation of all manners of instruments.
  • Representation of buyers or sellers in commercial and/or residential transactions.
  • Short sale negotiations.
  • Title claim investigations.

It is common, and in many instances mandatory, for parties in a dispute to be required to participate in alternative dispute resolution. The most common processes are mediation and arbitration. Many courts now require that a case be mediated before it can proceed to trial. The benefits of alternative dispute resolution include the saving of time and a lower cost to the parties when compared to taking a case to trial.

Arbitration is similar to litigation in that it uses a person similar to a judge, called the arbitrator, to reach a binding result. The arbitrator effectively serves as a private judge for the parties. Often, the decision of an arbitrator are final and cannot be appealed expect in limited circumstances. Florida courts have continued the trend to uphold the final rulings issues in arbitration.

Mediation is another alternative dispute resolution that is becoming mandatory in courts across Florida. Mediation does not result in the mediator making a final ruling that binds the parties. Rather, the mediator’s job is to facilitate the parties towards finding a resolution to the case that is acceptable to the parties.

Given the frequency in which courts refer cases to arbitration and mediation and the continued trend of contracts and agreements requiring parties to participate in arbitration, it is important for parties to have an attorney who understand the process and the legal ramifications that come with arbitration and mediation. Redding & Associates, P.A. has been involved in numerous arbitrations and mediations and guides clients throughout the entire scope of the alternative dispute resolution process to ensure the client’s needs are met and interests are protected.

The lawyers at Redding & Associates, P.A. handle business sales, purchases, and mergers and acquisitions. The buying, selling or merging of a business venture is a major decision with major life consequences for all those involved. The attorneys at Redding & Associates, P.A. are experienced business law attorneys and will advise clients as to their rights, obligations, and potential liabilities under each business agreement. The attorneys at Redding & Associates, P.A. will negotiate, draft, and review all agreements related to your business transactions, regardless of how small you may think them to be. We work with our clients to ensure we provide the essential guidance necessary to see that their interests are fully protected and that the transaction meets their objectives and needs.

We understand business concerns and have a practical approach to meet your business needs.

Our small business purchases, mergers and acquisitions services include but are not limited to:

  • Assisting clients in asset sales and purchase agreements.
  • Assisting clients in business entity formation (addressed under Corporate Law/Business Entities).
  • Assisting clients in business entity sales and purchases.
  • Assisting clients in business mergers and acquisitions.
  • Drafting employment agreements.
  • Drafting non-compete agreements.
  • Drafting stock sales and purchase agreements.
  • Helping clients on all aspects of the transfer of control of a business.

Probate is the court-supervised process of identifying and gathering the assets of a decedent, paying the decedent’s debts and distributing the balance to the decedent’s beneficiaries. In Florida, there are two primary forms of probate: formal or full administration and summary administration.

Formal or full administration is required when the decedent has been dead for less than two years, and when the value of the estate is more than $75,000. Remember that the value of the probate estate is not the same as the value of the gross estate. A decedent’s gross estate consists of everything in which the decedent had an ownership interest including exempt property.

Summary administration is an alternative to full administration and may be used in administering the estate of either a resident or non-resident, when in a testate estate (one in which the decedent had a will), the will does not direct full administration and the value of the entire probate estate in Florida, less the value of exempt property, does not exceed $75,000 OR the decedent has been dead for more than 2 years.

Trusts & Estates

Estate planning is generally the creation of a Last Will & Testament, a Trust agreement, and/or Health Care Surrogate. A person may either have a simple Will or a more complex Will depending on their individual circumstances. To be valid in Florida, a Last Will & Testament must be witnessed by two witnesses and signed in the presence of each other, along with the Florida Testator, and a Notary Public. The signing of a Last Will & Testament is rather formal in this respect and is sometimes referred to a signing ceremony. It is important for clients to work with an experienced Florida estate planning attorney, to ensure their documents are prepared and executed according to the law.

A well-drafted Last Will & Testament and/or a Trust agreement can give peace of mind and hopefully alleviate the some of the stresses involved in worrying about one’s assets and loved one’s needs. There are many types of Wills and Trusts, including Living Wills, Pour- Over Wills, Living Trusts, and Land Trusts to name a few. We are happy to assist our clients in determining the best estate planning tools for their individual circumstances, during an estate planning consultation.

The lawyers at Redding & Associates, P.A. work with clients to ensure that all aspects of estate administration come to resolution as quickly as possible. We understand the need to handle these matters delicately and promptly, and we offer the proper guidance to our clients throughout this complicated, yet necessary process.

Our probate, trusts & estates services include but are not limited to:

  • Full, Summary and Ancillary proceedings.
  • Identification and collection of the decedent’s assets.
  • Trust preparation.
  • Trust administration.