Author Archives: Jay Butchko
Preparing For The Next Hurricane: Steps For Condo Boards To Take
Florida is the U.S. state most affected by hurricanes, with something like 40 percent of all recorded hurricanes since the late 19th century making landfall there. The National Oceanic & Atmospheric Administration (NOAA) is reporting that this year’s hurricane season will continue to be active as well, with two named storms already hitting southern… Read More »
Landlord Dos & Don’ts In Florida
Between the increased responsibility and the change to one’s finances, becoming a landlord is a major life event. However, it is unfortunately all too common for new landlords to not have a solid grasp on what they can and cannot do under Florida and U.S. law – and denying the rights of one’s tenants,… Read More »
Changes To HOA Laws Encourage Transparency For Owners
In the last few years, Florida’s legislature has enacted several new measures designed to make real estate transactions more transparent, particularly in homeowners’ associations (HOAs). Two more are set to come into effect later in 2024, and both owners and HOA board members should familiarize themselves with their requirements. One has to do with… Read More »
New Post-Surfside Law Creates Problems For Condo Buyers
In 2021, the partial collapse of Champlain Towers South in Surfside, FL killed 98 people and led to major legislative changes in how condo boards do business in the state. The legislature passed significant reforms in 2022-23, requiring recertification of buildings over three stories tall, as well as a mandate for each building to… Read More »
The Rights & Responsibilities Of A Florida Landlord
Both landlords and tenants have specifically defined rights under Florida law, and both have responsibilities they must take seriously. A landlord, in particular, has both a fair amount of leeway and a heavy burden of responsibility in dealing with their tenant(s). That said, first-time landlords may not fully understand what they must do, and… Read More »
Can A Florida HOA Sue A Homeowner?
Homeowners’ associations (HOAs) in Florida generally try to settle disputes with parcel owners via meetings or alternative dispute resolution options like mediation. If all other options have been exhausted, a homeowner may file suit against their HOA, but it is also more common for the HOA to file suit against the owner. There are… Read More »
Deed Fraud In Florida
When you believe that you have finally found the Florida home you have always dreamed of, it can be tempting to simply rush through to closing on the sale. However, one of the most important services that a Florida real estate attorney can provide is to ensure that the deed to the home is… Read More »
What Is Condo Deconversion?
Condominium deconversion is a process by which a condo building is converted back into apartments or into single-family homes (depending on the size of the building). While there are several different reasons why a condo board might choose to pursue deconversion, it can still be a nasty shock to condo owners who planned to… Read More »
Know The Law: The Florida Fair Housing Act
Both state and federal law recognize the right to buy or rent a home without discrimination. Florida and the U.S. government both have laws known as the Fair Housing Act (FHA and FFHA), both of which guarantee the right to housing without consideration of certain personal characteristics (though the list differs between the state… Read More »
Should I Buy A Florida Home With A Lien On It?
A lien is a claim made against assets, such as a home or a vehicle to ensure that a debt is paid. For example, manufacturer’s liens are commonly placed on new homes to ensure that the construction crew who made the home is fairly compensated. The home (or other asset) is collateral, and if… Read More »