Author Archives: Jay Butchko
Condo Board Members Have A Fiduciary Duty To Uphold
Condominium associations in Florida are usually non-profit corporations, operating primarily for the benefit of the owners in the complex. The board of directors is an even smaller entity, usually elected by the owners to exercise final authority on the day-to-day running of the association. Because of this, board members are held to a high… Read More »
Do I Need Representation As A Real Estate Investor?
The Florida real estate market moves fast, and anyone who wants to invest in it must move fast as well. However, doing so is not without its pitfalls, whether they may come from outside factors or a lack of understanding of terms. Enlisting an attorney to help safeguard your interests can save you considerable… Read More »
My Tenant Won’t Leave!
Both landlords and tenants have specific rights and responsibilities in Florida, clearly laid out in the relevant statute. This includes everything from paying rent on time to observing the beginning and end of the lease. If a tenant fails to leave after a lease has ended, this can lead to serious issues down the… Read More »
Condominium vs Co-op: What’s The Difference?
Florida is home to many different community associations, all governed in different ways. The most common types are homeowners’ associations (HOAs) and condominium associations, but one will also see housing cooperatives (‘co-ops’ for short), which operate in specific parts of the state. If you are moving to Florida, you may be confused about which… Read More »
Who Pays For Water Damage To Condominiums?
In general, a condominium owner is responsible for maintaining everything between the roof and the walls of their unit. However, if there is water damage from a storm, or from the upstairs unit, the situation becomes more complex. If you are in this situation, it is a good idea to consult with a condominium… Read More »
Why Does My Homeowners’ Association Need An Attorney?
Florida is one of the U.S. states with the highest number of homeowners’ associations (HOAs), particularly in the southern part of the state. These bodies can seem all-powerful, making significant decisions for themselves and for those who own parcels in the association itself – but sometimes, HOA boards as a whole can benefit from… Read More »
In Florida, Nationality May Bar Property Ownership
In general, U.S. law does not discriminate in the matter of real estate ownership, as long as the Office of Federal Asset Control (OFAC) does not object to the purchase or sale. However, the state of Florida passed a law in May 2023 that restricted the right of certain foreign nationals to own property… Read More »
How To Avoid Claims Of ‘Selective Enforcement’ As A Condo Board
One of the most crucial requirements of most condominium regulations is to treat every unit owner in an equal manner wherever possible. However, when there are disputes between owners and the board, it is not uncommon to see an owner allege that selective enforcement has taken place. If a rule is enforced against one… Read More »
Breaches Of Contract In Florida Real Estate Sales
There are several potential reasons why a breach of a Florida real estate contract may happen, any of which can potentially torpedo a deal. When a breach happens, it can be a complex legal wrangle to sort out which party is owed what. An experienced attorney can help explain your options and advise on… Read More »
Can Community Associations Ban Specific Pet Breeds?
There are a variety of dog breeds that are seen, rightly or wrongly, as dangerous – rottweilers, German shepherds, and pit bulls being the most common examples. Florida, among other states, had enacted ‘breed-specific’ legislation barring these breeds from homes and public facilities, but the last bans were abolished in 2023. That said, there… Read More »