Author Archives: Jay Butchko
Homestead Exemptions & HOA Parcels Or Condominiums
One of the most attractive things about Florida for many who chose to move to the state is its homestead property exemption. A person’s homestead can be exempt from property taxes up to a certain amount, depending on the value of the property. It is also protected from foreclosure or other adverse action from… Read More »
Common Misunderstandings About Homeowners’ Associations
The Foundation for Community Association Research (FCAR) estimates that in 2020, more than 73 million people in the U.S. live in some type of community association (a homeowners’ association, condominium board, cooperative, or other planned community). Florida has the second highest number of community associations, with almost 10 million Floridians in them. Homeowners’ associations… Read More »
Clearing Up Florida Real Estate Boundary Disputes
Boundary disputes between neighbors are much more common than one might imagine, and they can be quite acrimonious if neither party is willing to budge. It is possible for boundary disputes to be resolved amicably, but if this becomes unlikely, it is crucial that you be aware of your rights and responsibilities with regard… Read More »
Potential Pitfalls For Self-Managed Homeowners’ Associations
There are two types of homeowners’ associations (HOAs) in Florida. Many HOAs choose to engage a property management firm to help handle day-to-day workings of the association, such as collecting fees and dealing with potential issues from homeowners. Others, however, choose to manage such things on their own. Self-managed HOAs are becoming more common… Read More »
What Is Adverse Possession?
One never imagines that they could lose their land, or a part of it, through no fault of their own. However, a doctrine recognized in Florida law – and in most other states’ law as well – called adverse possession provides a loophole through which someone can take possession of your land if certain… Read More »
Unlawful Detainer Vs Eviction
Most people are familiar with the concept of eviction, either through personal experience or due to pop culture. However, sometimes the eviction process is not the right one to use with a person who may be somewhere they should not be. Florida law differentiates between tenants of property and non-tenants, and because of this,… Read More »
Frequently Asked Questions: Residential Subletting In Florida
It is very common for people to sublet their apartments for the summer or the winter (depending on location). However, just because this practice is legal in some places does not mean it is legal in others, and even if it is legal where you are, your individual lease may not allow it. It… Read More »
Lien Foreclosure: An HOA’s “Nuclear Option”
When a person buys a home that is covered by a homeowners’ association agreement (HOA), they implicitly accept the association’s right to collect monthly dues and what are known as assessments. They also agree to be bound by the rules of the association, which can govern everything from parking to use of any common… Read More »
Dealing With Real Estate Fraud In Florida
The real estate market in Florida is experiencing an upturn as of this writing, but with more activity can come more fraud. Unfortunately, not every realtor, buyer, and seller in the market will be ethical and act appropriately – fraud and misrepresentation are common, to the point where the U.S. Federal Bureau of Investigation… Read More »
“55 and Over” Communities In Florida
At this point, there are a sizable minority of housing developments in Florida that operate under a homeowners’ association (HOA). Given the elevated numbers of Floridians who are over the age of 65 (approximately 1 in 5, according to U.S. Census statistics), there is a market for housing communities that operate as ‘55 and… Read More »