Summary of Consultations and Engagements – July/July

By Erum S. Kistemaker

1. Timeshare Termination Consultations

  • Had multiple consults seeking to surrender and terminate timeshare interests, particularly with major providers such as Hilton Grand Vacations.
  • Advised on the contractual process, including potential liabilities, right of rescission (if applicable), and strategies for negotiating voluntary termination or exit options.

2. Books and Records Requests – Condominium/HOA Issues

  • Consulted with condominium and homeowners associations (HOAs) regarding books and records requests, focusing on alleged misstatements and noncompliance.
  • Provided guidance on the legal implications of associations relying on unrecorded or improperly recorded amendments to governing documents.
  • Emphasized the risk of using unofficial amendments, including potential exposure to legal challenge if not properly adopted and recorded pursuant to Florida Statutes, Chapter 718 (Condominiums) or Chapter 720 (HOAs).

3. Maintenance Obligations For Condos and HOAs – Windows, Doors, and Storm Protection

  • Multiple consultations involving associations and unit owners regarding maintenance and replacement obligations for windows, sliding glass doors, impact-resistant windows, and hurricane shutters.
  • Explained recent statutory amendments (HB 1021 and SB 1178) impacting these obligations, including how maintenance responsibilities may now shift under updated Florida law.
  • Discussed the implications for budgeting, assessments, and owner responsibility, with an emphasis on the importance of clear delineation in the governing documents.

4. Business Sale and Post-Closing Disputes

  • Assisted clients with legal issues following the sale of a business, especially when the buyer experiences dissatisfaction or the business underperforms post-sale.
  • Addressed the concept of buyer’s remorse, stressing the importance of retaining legal counsel on both sides during negotiation and closing to mitigate future disputes.
  • Highlighted potential for litigation, including allegations of misrepresentation, breach of contract, or failure to disclose material facts during due diligence.

5. Construction Timing and Project Delays; Lien Law

  • Advised clients on construction delay issues, particularly the legal ramifications of project timing and sequencing problems.
  • Provided guidance on contract provisions, including liquidated damages, force majeure, and notice requirements in construction agreements.

6. Real Estate Law

  • Impacts of neighboring lots construction impacting of other lots.
  • Impact of non-disclosures from Sellers – disputes in Real Estate transactions.

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Strong Representation

“Erum Kistemaker has been so helpful in resolving our condominium issues. We are extremely happy with the insightfulness and strong representation that she brings.”

Attention to Detail

“The entire team at Kistemaker Business Law Group are amazing. I was really impressed with their attention to detail, their knowledge of case law, and their level of organization.”

Indispensable Services

“On behalf of our HOA, Kistemaker Law has performed beyond all expectations. In guiding our board and community through difficulties, Kistemaker has been indispensable.”

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Frequently Asked Questions

What types of legal issues does Kistemaker Business Law Group handle?

We offer legal guidance and representation in business law & litigation, real estate law, condo & HOA law, construction law, corporate & LLC law, landlord-tenant issues, and property insurance claims.

What areas in Volusia and Flagler Counties do you serve?

We provide specialized legal counsel to clients across the entire Halifax area and beyond. While our office is in Ormond Beach, we frequently represent clients in:

  • Volusia County: Daytona Beach, Daytona Beach Shores, Port Orange, Deland, Deltona, and New Smyrna Beach.

  • Flagler County: Palm Coast and Flagler Beach.

Do you work with both businesses and individual property owners?

Yes — we serve businesses, associations, property owners, landlords, tenants, and developers throughout Volusia & Flagler Counties.

How can Kistemaker Business Law Group help my business with formation and compliance?

Our attorneys assist with entity formation (LLCs/corporations), compliance, contracts, governance, and ongoing legal counsel to help businesses start, grow, and operate confidently in Florida.

Can you help with landlord-tenant disputes?

Absolutely — we provide legal support for both commercial and residential landlord-tenant matters, including lease enforcement, dispute resolution, and eviction proceedings.

What experience does the firm’s leadership bring?

Managing attorney Erum Kistemaker has over 25 years of experience in business, property, construction, and condo/HOA law and holds prestigious recognitions including Super Lawyer status and AV Preeminent® rating.

What sets Kistemaker Business Law Group apart from other law firms?

We combine practical, client-focused legal strategy with deep experience in business and property law — offering tailored solutions and clear communication throughout the legal process.

Are there services available for property insurance disputes?

We provide legal representation for policyholders navigating coverage questions, claims disputes, denied benefits, and post-loss issues.

How do I schedule a consultation with your law firm?

You can contact the firm via phone or the online form on the Contact page to request a consultation, where we’ll discuss your legal needs and next steps.