Author Archives: Jay Butchko
“Selective Enforcement” In Florida Condo Associations
At least in theory, every member of a Florida condominium association is bound by its rules – owner and board member alike. However, it is unfortunately common for an association to play favorites, enforcing rules against some owners and not against others. This concept is referred to as “selective enforcement” in Florida law, and… Read More »
Do Sunshine Laws Apply To Community Associations?
Florida’s “Sunshine laws” require full disclosure of all records related to government meetings, and because of its “governmental” rule in enforcing regulations and collecting money, many believe that homeowners’ associations (HOA) also fall under this rule. In truth, neither HOAs nor condo boards are considered governmental organizations, and thus are not subject to the… Read More »
Who Is Responsible For Overgrown Trees In An HOA?
Trees and foliage are one of the major methods by which a homeowner can make their land feel unique and special. However, Florida homeowners’ associations (HOAs) often try to regulate the ways (and directions) in which trees can grow. If roots or branches from one homeowner’s land encroach onto another’s, it can be difficult… Read More »
Uncovering Problems After The Real Estate Closing
Most of the time, when a real estate closing has been concluded, everything has gone according to plan. Money and keys have changed hands, and both buyer and seller leave happy. However, there are rare instances in which problems do arise. A buyer may experience regret; a seller may have made an oversight or… Read More »
Defining The “Right To Quiet Enjoyment”
The right to quiet enjoyment is a concept that often gets misapplied or misconstrued when discussing community associations and their tenants. People believe that it means the right to be free of nuisances – noise or other disruptions – when in reality, it means that a tenant must have perfect possession of the property,… Read More »
Florida Real Estate Closings, Start To Finish
The anatomy of a Florida real estate closing can be straightforward, but it may also be difficult and confusing to navigate, particularly if the buyer or seller involved has never participated in the process before. There is quite a lot that must go on behind the scenes before the parties ever meet to hand… Read More »
What Is The Difference Between Service Dogs & Emotional Support Animals?
Florida is home to many people with disabilities and other conditions where they might require a bit of extra help. Very often, this comes in the form of assistance animals – service dogs and emotional support animals (ESAs) of all kinds. However, too many people who are new to being disabled or in need… Read More »
How Do I Handle A Squatter On My Property?
A significant minority of Florida properties are actually owned by people and corporations who are primarily based out of state. While in theory, there is nothing wrong with that, it can be problematic for the owner’s wallet, because it is not uncommon for squatters to move into vacant homes and try to assert their… Read More »
New Requirements For Condominium Buildings Take Effect
In September 2022, Florida’s brand new inspection requirements for buildings over 3 stories tall went into effect. The legislature passed sweeping reforms of state laws after the tragic 2021 collapse of Champlain Towers South in Surfside, intending for greater oversight of building quality, as well as increasing requirements for community associations and condominiums in… Read More »
Should New Homeowners “Harden” Their Florida Homes?
In early 2022, Florida State Representative Nick Diceglie (R-Indian Rocks Beach) filed what came to be known as the “home-hardening” bill. The proposed legislation offered homeowners a chance to “harden” their homes by offering grants to windproof dwellings in vulnerable areas. The legislation passed into law in May, but it has taken until November… Read More »