— Answers

20 questions, direct answers.

Single-question pages with the answer above the fold and procedural detail below.

• How do I file a hurricane insurance claim in Alabama? — Notify your insurer promptly, document everything with photos and video before any cleanup, make emergency repairs to prevent further damage, save all receipts, and review your policy's specific notice and proof-of-loss deadlines. Alabama policies often shorten the limitation period to as little as one year.
• How do I file a hurricane insurance claim in Florida? — Notify the insurer within one year for new claims (SB 2A), document everything with photos before cleanup, mitigate further damage with receipts saved, watch for the 60-day carrier-response window, and avoid signing an assignment of benefits without legal review.
• What is bad faith in property insurance? — Bad faith is a tort claim against an insurer that mishandles a covered claim — denying without basis, delaying without justification, or underpaying despite the evidence. Damages can exceed policy limits and may include emotional distress and punitive damages.
• What is the difference between ACV and RCV in property insurance? — Actual cash value (ACV) is the depreciated value of damaged property at the time of loss; replacement cost value (RCV) is the cost to replace it with new property of like kind. Most policies pay ACV initially and hold back depreciation until repairs are documented, when the holdback releases as RCV.
• What is the appraisal process in property insurance? — Property insurance appraisal is a contractual third-party valuation process. Each side picks an appraiser, the two appraisers pick an umpire, and the panel issues a binding award on the amount of loss. Appraisal resolves how much, not whether — coverage denials are not within its scope.
• Can an HOA restrict short-term rentals in Alabama or Florida? — Yes, usually — but only if the restriction is properly adopted. Existing covenants that ban or limit rentals are generally enforceable. New restrictions imposed by amendment after an owner purchased typically face challenges based on the documents, the statute, and vested-rights doctrine.
• How does an HOA or condo association collect from a delinquent owner? — Written notice and demand, then late fees and interest under the governing-document schedule, then recording an assessment lien under the relevant statute, then judicial foreclosure if unpaid. Most matters resolve before foreclosure becomes necessary.
• What is the SIRS requirement in Florida? — SIRS — Structural Integrity Reserve Study — is a Florida Chapter 718 requirement for most condo associations with three or more stories. Boards must commission a study of major structural components and adopt a funding plan to maintain adequate reserves. First compliance deadline was December 31, 2025.
• What is a regulatory taking? — A regulatory taking occurs when government regulation burdens private property so severely that the property is effectively taken from its owner, triggering the Fifth Amendment's just-compensation requirement — even without formal seizure.
• Can I challenge a city ordinance as unconstitutional? — Yes. Common bases include First Amendment overbreadth (signs, speech, assembly), procedural due process (notice, hearing, neutral decisionmaker), Fourth Amendment (administrative searches), Fifth Amendment takings, Eighth Amendment excessive fines, and state-law-authority/preemption challenges.
• How do I challenge an unconstitutional tax or impact fee? — Identify the legal theory — preemption (only states can authorize new taxes), Nollan/Dolan rough-proportionality challenge, or pure regulatory-takings claim — then preserve the record through formal protest, file in the appropriate forum, and pursue individual or class-action relief.
• How does a mechanics' lien work in Alabama? — An Alabama mechanics' lien must be filed within four months from last work for original contractors and six months for materialmen and non-privity subs. The lien attaches to the property and can be foreclosed if unpaid. Notice procedures vary; missing the deadline kills the lien remedy.
• How does a mechanics' lien work in Florida? — Florida's Chapter 713 requires non-privity claimants to serve a Notice to Owner within 45 days of first work, then file the lien within 90 days of last work. The lien is filed in the official records of the county. Failure to comply at any step can be fatal.
• How do I sue a developer for construction defects? — Document the defect with engineers and contractors, identify the contracting party and warranty layer, calendar Alabama's seven-year Article 13A repose or Florida's ten-year repose, satisfy any pre-suit notice requirement (Florida Chapter 558), and file in the appropriate forum — circuit court or arbitration depending on the contract.
• Are non-compete agreements enforceable in Alabama? — Yes, if reasonably drafted. Ala. Code § 8-1-190 permits non-competes that protect a legitimate business interest, are reasonable in time, geography, and scope, and are accompanied by adequate consideration. Many off-the-shelf non-competes are over-drafted and partially unenforceable.
• Are non-compete agreements enforceable in Florida? — Yes, broadly. Fla. Stat. § 542.335 is among the most enforcement-friendly non-compete statutes in the country. Restrictions up to two years are presumptively reasonable; the statute provides statutory presumptions favoring enforcement once a legitimate business interest is established.
• How do I respond to an EEOC charge? — Don't miss the position-statement deadline (roughly 30 days from receipt). Lock down the personnel file, handbook, decision timeline, and comparator data before drafting. Respond carefully — facts only, no editorial commentary, no admissions on unproven issues. Many charges resolve at mediation or with a no-cause finding.
• What is a shareholder derivative action? — A derivative action is a lawsuit brought by a shareholder on behalf of the corporation against directors, officers, or majority shareholders for harm done to the corporation. Recovery typically goes to the corporation, not the individual shareholder. Demand or demand futility is a procedural prerequisite.
• What is the Article 13A statute of repose in Alabama? — Article 13A's statute of repose is Alabama's seven-year hard cutoff on most construction-defect claims — measured from substantial completion, regardless of when the defect is discovered. The clock cannot be tolled by discovery, distinguishing repose from a statute of limitations.
• Wind vs flood — who pays for hurricane damage? — Wind damage is typically covered by your homeowner's or commercial property policy; flood damage requires a separate NFIP or private flood policy. Most post-hurricane disputes are over which water caused which damage — wind-driven rain through a covered opening is usually covered; rising surface water is not.