Tuesday, May 20, 2008
Does Miami-Dade County's Crane Ordinance violate OSHA Rules?
Great article in today's Daily Business Review. Local Builders and Contractors' Associations have filed suit claiming Miami-Dade County's crane ordinance steps on OSHA Rules therefore are requesting that it be blocked from becoming law. The Miami-Dade County Crane ordinance requires crane operators to undergo certification and requires that cranes be designed as "permanent" structures. Plaintiff's argue cranes should be designed as "temporary" structures. This distinction is important because it determines the wind speed the cranes must be designed for. In addition, Plaintiff's also claim that the Ordinance requires additional "jumps" (extension of crane height) which is the most dangerous part of crane operating. Currently, most crane manufacturers design cranes to meet European guidelines (i.e. 92 mph winds). On the other hand, the County Ordinance requires that they be designed to Hurricane Category 3 winds (111-130 mph). Judge Ursula Ungaro of the U.S. District Court Southern District of Florida should rule on this by next week. I'll keep you posted...
Thursday, May 8, 2008
Liabilities of Homeowners' Association Developer-Appointed Directors...
Developer appointed board members have the same fiduciary duties and responsibilities as non-developer appointed board members. Furthermore, developer appointed board members are expressly excluded from certain statutory liability limitations. Meaning, they can be sued in their personal capacity. If a developer has established a shell corporation, or has no assets, the developer appointed board members may be an associations only source of redress in the situation where a developer has acted negligently or fraudulently.
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