Author Archives: Jay Butchko
How Can I Tell If An HOA Rule Is Unenforceable?
Florida law gives homeowners’ associations (HOAs) and condominium associations (CAs) fairly broad leeway to make and enforce rules, and the association’s articles of incorporation may cement that authority. However, it is not limitless – if you are a board member in a community association, it is crucial that you and your colleagues understand where… Read More »
Florida’s Real Estate Disclosure Laws
When a person is selling their home, they must make certain disclosures to a prospective buyer, or run the risk of the sale being derailed. Under Florida law, there are a host of different factors that must be addressed by a seller before they can transfer an unencumbered title to a buyer. Failure to… Read More »
What Can A Condo Board Do About Nonpayment Of Dues?
When a person buys a condominium, they implicitly (and often, explicitly) consent to be governed by the condo association’s rules and board of directors. Perhaps the most important rule for condo owners is to pay dues and other assessments on time – and if they fail to do so, a condo board generally has… Read More »
Farmers Insurance Pauses New Homeowner Policies In Florida
When a person is seeking to buy a new piece of property, one of the things they should make certain to have is homeowners’ insurance, particularly in a hurricane-prone area like Pinellas or Sarasota County. However, as of mid-June 2023, there are fewer and fewer options for homeowners, as “15 companies [have decided] to… Read More »
Condo Association Faces Huge Fine After Cutting Down Oak Without Permission
In general, a condominium association has the responsibility for maintaining the common elements, which can include gardening and tree maintenance on association property. However, this does not give the association an undisputed free reign over maintenance decisions – in some situations, the county government can and will step in. Such was the story of… Read More »
Partition Of Real Property Before Sale In Florida
In this day and age, it is becoming more and more common for Floridians to co-own property with other people – usually spouses or family members. While this is a good way to keep property in the family, it is important to be aware that in most cases, the sale of the property requires… Read More »
Defining Condo Association “Common Elements”
A Declaration of Condominium is a document created at the inception of a condo complex, designed to set the boundaries between the individual units and what are known as the common elements. In general, the condominium board is required to maintain the common elements, while unit owners are required to maintain their own residences… Read More »
Selling Your Homestead In Florida
Under Florida law, a person may designate their primary residence as their ‘homestead,’ which conveys a number of financial protections, including an exemption from property taxes (up to a certain price point). When one is attempting to sell their homestead, however, it can raise questions that need to be answered before pulling the proverbial… Read More »
Red Flags At Community Association Meetings
One of the requirements of having a community association in Florida is to hold regular meetings, and while Florida’s Homeowners Association Act and Condominium Act do not track identically, the statutory requirements are generally the same. If you are a homeowner or a condo owner, you have the right to speak in most meetings,… Read More »
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 »