Author Archives: Jay Butchko
How To Remove A Resident In Florida Real Estate
When someone breaches a lease or otherwise makes it untenable for them to continue living where they are, the average person thinks that the landlord can simply evict that tenant. However, the process is not, in reality, as easy as one might think. There are some situations in which eviction is the right procedure… Read More »
Community Seeks Legal Help After 400% Fee Increase From HOA
In early 2022, a community in South Florida called The Hammocks received notice that their homeowners’ association planned to raise fees by approximately 400%. Instead of acquiescing or choosing to take it up with the HOA board, the residents have planned to try a different approach – seeking an injunction from the 11th Circuit… Read More »
How Can I “Quiet Title” In A Florida Real Estate Transaction?
When someone purchases a piece of property in Florida, they often assume that ownership is now theirs, free and clear. However, unless the title to that property has been “quieted,” this may not be the case. Too often, property is sold by those who may not actually have the authority to do so; this… Read More »
Defining “Structural Maintenance” For Community Associations
In many Florida community associations, the HOA or condominium board will be held generally responsible for ‘structural’ maintenance – that is, maintenance when it comes to the ‘common elements.’ However, sometimes there are disputes about both what constitutes a ‘common element,’ and what degree of maintenance is required to be performed by the community… Read More »
Unenforceable HOA Rules In Florida
Homeowners’ associations (HOAs) are organizations of people who agree to be bound by a set of rules governing both the properties and their residents. Most HOAs enjoy a high level of cooperation from their residents, but sometimes, rules are suggested and enacted that cannot, as written, be successfully enforced. While homeowners can bring these… Read More »
Do I Need An Attorney To Invest In Florida Real Estate?
The Florida Realtors predict that the state’s real estate market will continue to be very busy and popular, with investment continuing to rise. However, most of the investors tend to be individuals, rather than corporations, and individuals are not always as well versed in the details of the law as they need to be… Read More »
The Effects Of Rising Sea Levels On Florida Beachfront Real Estate
The June collapse of Champlain Towers South in Surfside has placed an exclamation point on an issue that many Florida realtors have been worrying about for years – namely, the question of the effects of coastal erosion and rising sea levels. While this issue predominantly affects waterfront property, erosion in particular can play a… Read More »
Florida Partition Actions
It is not uncommon for people to co-own property in Florida, given rising real estate prices. However, too often, co-owners have a falling-out, or one may choose to invest their money closer to home. When that happens, the owners may be able to work out a division of the property themselves, but if they… Read More »
Can A Condo Board Ever Evict An Owner?
Condominium boards and other community associations have quite a lot of power in Florida, including taking actions against owners who violate the community bylaws. However, it is quite rare that a board would actually arrive at a situation where eviction would be on the proverbial table. It can happen, in the most extreme cases,… Read More »
The Digitization Of Real Estate Transactions
The Florida real estate market has always been lively, with supply and demand fluctuating according to current events and other factors. The COVID-19 global pandemic has changed the direction of the market, but safety considerations have also fueled changes to how real estate transactions are concluded. Real estate professionals have adapted to social distancing… Read More »