Author Archives: Jay Butchko
HB913 May Make Major Changes To Post-Surfside Condo Bill
In 2021, the tower at Champlain Towers South in Surfside, Florida, collapsed, killing almost 100 people. In the aftermath, the Florida state legislature passed a bill requiring that condo associations contribute certain amounts toward reserves (designed for emergency repairs) each year. However, a bill recently passed in both houses of the Florida legislature (as… Read More »
Landlords, Tenants, and Subleases In Florida
Subleases are common in residential landlord-tenant law, allowing a tenant who has to suddenly leave to ensure their commitment to the landlord is fulfilled by assigning the rent obligation to someone else. However, the landlord has the right to veto a sublease in most cases if they suspect the obligation will not be met…. Read More »
Selective Enforcement Of HOA Rules Can Lead To Legal Issues
Homeowners’ associations have rules for a reason, and it is up to the board to enforce them equally. Most do – but at times, whether intentionally or unintentionally, a board may allow one or more members of the association to do as they please (at least, up to a point). When this occurs, it… Read More »
Hurricane Season Is Coming. Is Your Community Association Ready?
Historically, Florida’s Condominium Act only ever required associations to set required specifications for hurricane shutters, such as size or material, and the Florida Homeowners’ Association Act did not have any specifications about hurricane protection at all. In 2024, however, the state legislature made changes to both Acts, stating that both these types of associations… Read More »
What A Landlord Cannot Do In Florida
Renting residential premises – whether a house, apartment, or other type of dwelling space – is essentially a contract between the landlord and the tenant. Each party agrees to perform certain actions, and to refrain from performing others, so that a ‘meeting of the minds’ can happen in order to enact the contract. A… Read More »
Two Types Of Real Estate Brokers In Florida
When someone is looking to buy a piece of residential property in Florida, it is always a good idea to hire a knowledgeable real estate attorney. However, too many people either believe they can navigate the transaction alone, or simply think they can save money, by relying on their real estate agent’s expertise. In… Read More »
Dealing With Hoarding In Florida Community Associations
Most of the time, community associations are required to treat violations of association guidelines fairly harshly in order to keep things running as they should, or to set an example for other owners to follow. However, when mental illness is a factor for a resident, it can throw an association board into flux. Hoarding… Read More »
Can A Tenant Fight A Florida Eviction?
No landlord truly enjoys evictions, though they are an unfortunate part of owning rental properties in Florida. If it becomes necessary to evict a tenant, it is important to keep in mind that no matter what they may have done or not done, they still have rights and are entitled to the same good… Read More »
Changes To Florida Real Estate Law In 2025
In the United States, legislatures are often quite active, passing and modifying laws that affect every possible facet of life. 2024 was a busy legislative year in Florida, with multiple different laws coming into force at any one moment. The field of real estate is seeing several changes that can affect anyone looking to… Read More »
Can “55+” Communities Ban Children?
The federal Fair Housing Act came into effect in 1989. It barred landlords and homeowners from discriminating against tenants or buyers based on characteristics, among them including such as race/color, disability, and ‘familial status.’ This term was added one year later, and is generally construed to mean whether or not someone has children. A… Read More »