Author Archives: Jay Butchko
Why Do I Need Title Insurance?
When someone wants to invest in real estate, there are quite a lot of details to keep straight, and it is all too easy to forget something you may need. Title insurance can make all the difference in protecting your rights to the property you have just acquired, particularly if the seller is less… Read More »
Who Watches The Watchers? Florida’s Condominium Act
According to the most recent available data, Florida is the U.S. state with the second highest number of community associations, with roughly 38 percent of that number being condo boards. Condominium associations are similar to, yet different from, homeowners’ associations (HOAs), requiring different powers for their boards of directors. Florida law has two different… Read More »
Who Owns Florida’s Beachfront?
Florida’s Department of Environmental Protection (DEP) estimates that the state has roughly 825 miles of sandy coastline, serving as an enormous draw for both investors and tourists. Of that mileage, roughly 60 percent is privately owned – but there have been debates for many years as to just who owns the rest. If you… Read More »
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 »