Author Archives: Jay Butchko
Use Restrictions In Florida HOAs
When someone moves into a house that is in a Florida homeowners’ association (HOA), they tacitly accept some use restrictions in exchange for an orderly community. However, it is sadly not uncommon for HOA board members to overstep their bounds and try to impose restrictions that are either unenforceable or just plain unreasonable. It… Read More »
Attorney Alicia Seward Interviewed By News Channel 8
Florida lawmakers pass condo safety legislation almost year after Surfside. TAMPA, Fla. (WFLA) — While the investigation into the exact cause continues, documents released by the City of Surfside revealed the warning signs for the beachfront Champlain Towers South condo building collapse. Eleven months after the tragedy that killed 98 people who were home… Read More »
Bad Outcomes & Scams In Florida Real Estate
When you are looking to purchase real estate in Florida, it is a good idea to keep in mind that a host of professionals are available to help make that transaction easier. A knowledgeable realtor and a competent real estate attorney are only the beginning – many people get overwhelmed by just how many… Read More »
HOAs And “Florida-Friendly” Landscaping
If one joins a homeowners’ association (HOA), they should be aware that the HOA has extensive powers to regulate things that might otherwise be up to the individual homeowner. One of the areas in which clashes routinely occur is landscaping – most HOAs have broad leeway to dictate what a homeowner can and cannot… Read More »
Florida Real Estate Transactions Can Be Affected By World Events
It is very common for the average person to forget that the world is interconnected, and that events across the world can affect what happens in their own backyard. Nowhere is this truer than in real estate – changes in politics or global economics can materially alter the landscape of real estate markets half… Read More »
Bulk Telecommunications Contracts In Florida Community Associations
Under Florida law, both homeowners’ associations (HOAs) and condo boards have the authority to enter into bulk contracts for “communication services,” which may include video, telephone, and internet services. This may come as a shock to members of the association, particularly if they are pleased with their current services. The board does have the… Read More »
How To Remove A Resident In Florida Real Estate
When someone breaches a lease or otherwise makes it untenable for them to continue living where they are, the average person thinks that the landlord can simply evict that tenant. However, the process is not, in reality, as easy as one might think. There are some situations in which eviction is the right procedure… Read More »
Community Seeks Legal Help After 400% Fee Increase From HOA
In early 2022, a community in South Florida called The Hammocks received notice that their homeowners’ association planned to raise fees by approximately 400%. Instead of acquiescing or choosing to take it up with the HOA board, the residents have planned to try a different approach – seeking an injunction from the 11th Circuit… Read More »
How Can I “Quiet Title” In A Florida Real Estate Transaction?
When someone purchases a piece of property in Florida, they often assume that ownership is now theirs, free and clear. However, unless the title to that property has been “quieted,” this may not be the case. Too often, property is sold by those who may not actually have the authority to do so; this… Read More »
Defining “Structural Maintenance” For Community Associations
In many Florida community associations, the HOA or condominium board will be held generally responsible for ‘structural’ maintenance – that is, maintenance when it comes to the ‘common elements.’ However, sometimes there are disputes about both what constitutes a ‘common element,’ and what degree of maintenance is required to be performed by the community… Read More »