Author Archives: Jay Butchko
Can A Community Association Be “Self-Managed?”
A significant number of residences in Florida are under the aegis of a community association, whether it be a homeowners’ association (HOA), a condominium association, a co-op, or something else. The majority of them employ a professional community manager or management company to help run the association and handle its day-to-day business. However, more… Read More »
Tips For First-Time Florida Real Estate Investors
The real estate market in Florida has been the making of countless millionaires for many years, and the number of investors who seek to make their fortune there never seems to diminish. For the first-time investor, however, success can seem impossible given the speed at which the market moves. Consulting an experienced real estate… Read More »
Community Associations & Hurricane Repairs In Florida
Hurricane Ian hit south Florida in late September 2022, causing significant property damage and a handful of fatalities. For a variety of reasons, however, many homeowners’ associations and condo boards have not been able to complete repairs. In some cases, there has been confusion or even dispute about whether the association must conduct repairs… Read More »
Can Our Community Association Refuse Late Payments?
When someone buys a home or a condominium that is governed by an association, they consent to abide by the rules and regulations put out by that association. This includes paying dues or special assessments (extra payments levied for a specific purpose) – and a failure to comply can get an owner in hot… Read More »
Dealing With Joint Tenancy In Florida Real Estate Transactions
There are several different ways to own property in Florida, and it is very common for more than one person to have a share in a piece of real property. That said, having multiple owners can lead to complications in the event of a real estate sale. If you are interested in purchasing a… Read More »
Developer Turnover Of A Florida Condo Association
A brand-new condominium association always begins life under the aegis of the developer that constructed it. However, once construction is complete and enough units have been sold, the developer is required, under Florida law, to transfer the community over to an elected board of directors. That process is slow but sure, and it is… Read More »
“Selective Enforcement” In Florida Condo Associations
At least in theory, every member of a Florida condominium association is bound by its rules – owner and board member alike. However, it is unfortunately common for an association to play favorites, enforcing rules against some owners and not against others. This concept is referred to as “selective enforcement” in Florida law, and… Read More »
Do Sunshine Laws Apply To Community Associations?
Florida’s “Sunshine laws” require full disclosure of all records related to government meetings, and because of its “governmental” rule in enforcing regulations and collecting money, many believe that homeowners’ associations (HOA) also fall under this rule. In truth, neither HOAs nor condo boards are considered governmental organizations, and thus are not subject to the… Read More »
Who Is Responsible For Overgrown Trees In An HOA?
Trees and foliage are one of the major methods by which a homeowner can make their land feel unique and special. However, Florida homeowners’ associations (HOAs) often try to regulate the ways (and directions) in which trees can grow. If roots or branches from one homeowner’s land encroach onto another’s, it can be difficult… Read More »
Uncovering Problems After The Real Estate Closing
Most of the time, when a real estate closing has been concluded, everything has gone according to plan. Money and keys have changed hands, and both buyer and seller leave happy. However, there are rare instances in which problems do arise. A buyer may experience regret; a seller may have made an oversight or… Read More »