Author Archives: Jay Butchko
Explaining Habitability In Florida Rental Units
The idea of a warranty of habitability is an often-discussed one when renting a Florida dwelling. While the phrase is not stated verbatim in any of the relevant statutes, it essentially means that a tenant has the right to live in a dwelling that is safe, sanitary, and livable. That said, the meaning of… Read More »
Florida Fireworks Law Can Affect Your Holiday Celebrations
Because of Florida’s sunny weather in months where northern climates are snowed in, fireworks are a more common part of holiday celebrations than they might be in other locales. The December holidays are no exception – particularly New Year’s Eve, when every municipality has their own fireworks show. That said, if you live in… Read More »
Federal Appeals Court Upholds “Discriminatory” Ban On Chinese Nationals Buying Florida Property
In November 2025, the 11th Circuit Court of Appeals chose to uphold Florida’s 2023 law all but banning Chinese nationals from owning property in the state. The law bars any Chinese person ‘domiciled in China’ who is not a citizen or permanent resident of the United States from owning real estate in Florida, even… Read More »
What Is A Condo Association’s Duty To Federal Authorities?
A condominium board has certain duties toward the unit owners that make up the association, but they also have duties and responsibilities to outside forces. Federal authorities are empowered by U.S. law, and often by the actions of the executive branch of the government, and in general, when there is potential for a confrontation… Read More »
Landlord-Tenant Communications Made Easier By Changes In Law
In general, one of the most difficult things about renting a home is communication between landlord and tenant. Both may have busy schedules, and it can sometimes be difficult to find time to touch base, even about important things. Recently, Florida’s legislature took a big step toward modernizing and simplifying landlord-tenant communication by passing… Read More »
What Are The Obligations Of A Florida Seller?
When discussing real estate transactions, many people tend to focus solely on the buyer. In reality, both parties to a contract have differing rights and responsibilities, and without both of them doing their due diligence, a contract of sale is likely to fall through. A seller has the ability to make a buyer’s new… Read More »
Noise Complaints In Florida Condominiums
For many years, Florida courts have consistently recognized that in order to live in a condominium association, each owner must give up “a certain degree of freedom of choice” that they might have if they lived in a free-standing home. This is particularly evident when dealing with noise complaints – concerns like soundproofing can… Read More »
Explaining Florida’s Fair Housing Act
When a landlord is looking for good tenants to occupy a dwelling, they can rent to whomever they see fit – in theory. In reality, federal and state law restricts a landlord from making choices based on discriminatory characteristics. Florida’s Fair Housing Act, like its federal counterpart, establishes protections for potential renters to ensure… Read More »
Revitalizing Your Florida HOA’s Covenants & Restrictions
Chapter 712 of the Florida Statutes is referred to as the Marketable Record Title Act (MRTA). It holds that all interests in real property will expire after 30 years, unless the compliance procedures in Chapter 712 are followed. While this excludes some types of community associations, such as condominium associations and co-ops, it does… Read More »
Can Community Associations Ban Guns In Florida?
In September 2025, Florida’s Supreme Court legalized open carry of firearms. That said, certain private entities still have the right to ban them from their premises, including bars, restaurants, schools, and houses of worship. The question of whether community associations can ban them is a murkier question of law, though as of this writing,… Read More »