Author Archives: Jay Butchko
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 »
Top 3 Most Common Reasons For Evicting A Florida Tenant
Most landlords do not look forward to the moments where they must evict a tenant, but are aware of the moments when doing so is necessary. The actual process can be complex, or it can be simple, but how it will go in your case will largely depend on the underlying reason for the… Read More »
How Do HOAs Enforce Association Rules?
Homeowners’ associations (HOAs) are common in Florida, and provide several advantages to property owners, including landscaping and maintenance, amenities, and rules to regulate potentially offensive conduct. However, an HOA is only as peaceful as its rules and regulations, and whether or not it has the authority to enforce them. If you are a member… Read More »
Is My Community Association Engaging In The Unauthorized Practice Of Law?
Community associations deal with several different issues every day, many of which are legal in nature. However, it is important that board members understand the limits of their purview; if they exceed these limits, they can be accused of the unauthorized practice of law (UPL). If you are unsure as to whether you have… Read More »
Condo Boards & Companion Animals
A service animal is an animal – only a dog or, in rare cases, miniature horses – which is trained to perform one or more tasks directly related to a person’s disability. An emotional support animal (ESA) is an animal whose mere presence provides stability and comfort, but is not task trained. Federal and… Read More »
How Do Easements Affect Florida Real Estate Transactions?
When someone is interested in buying a home in Florida, it is generally their responsibility to research any potential issues in ownership before agreeing to the sale (with certain exceptions). The existence of a servitude – that is, a long-term agreement that ‘runs with the land,’ such as an easement – can sometimes complicate… Read More »
When Can A Landlord Legally Raise Rent In Florida?
Over time, Florida has weathered a series of housing crises, occurring for several different reasons. As a result, rent prices have risen overall, but both landlords and tenants have become hyper-aware of their rights surrounding rent changes and increases. If you are a Florida landlord, you must know the relevant laws before attempting to… Read More »
Do You Need An Attorney When Selling A Florida Home?
Selling a house is one of the biggest life changes that most people will experience at some point in time. However, not all sales are created equal – depending on the time, place, and property itself, a sale can be smooth, or unforeseen problems can occur. Having the right attorney on your side can… Read More »
Florida Condo Associations & Special Assessments
In a Florida condominium association, each owner has both rights and responsibilities, including the obligation to pay dues and assessments. So-called ‘special assessments’ have become somewhat of a lightning rod in recent months and years, however, as changes in Florida’s condo laws have led to disproportionately large assessments being levied. If you are a… Read More »
Foreclosure On HOA Parcels In Florida
Many people are unaware that in some extreme cases, a Florida homeowners’ association (HOA) has the right to foreclose on a parcel if the homeowner does not pay their association dues. Most of the time, an HOA and a delinquent owner will be able to work out a payment plan or another arrangement, but… Read More »