Author Archives: Jay Butchko
Lien Foreclosure: An HOA’s “Nuclear Option”
When a person buys a home that is covered by a homeowners’ association agreement (HOA), they implicitly accept the association’s right to collect monthly dues and what are known as assessments. They also agree to be bound by the rules of the association, which can govern everything from parking to use of any common… Read More »
Dealing With Real Estate Fraud In Florida
The real estate market in Florida is experiencing an upturn as of this writing, but with more activity can come more fraud. Unfortunately, not every realtor, buyer, and seller in the market will be ethical and act appropriately – fraud and misrepresentation are common, to the point where the U.S. Federal Bureau of Investigation… Read More »
“55 and Over” Communities In Florida
At this point, there are a sizable minority of housing developments in Florida that operate under a homeowners’ association (HOA). Given the elevated numbers of Floridians who are over the age of 65 (approximately 1 in 5, according to U.S. Census statistics), there is a market for housing communities that operate as ‘55 and… Read More »
Florida HOAs And Emotional Support Animals
In Florida, the law on service animals – those individually trained to perform work or tasks for any individual with a disability – is quite clear, restricting the types of animals that may qualify and the types of work they must do. However, until recently, Florida’s law on emotional support animals (ESAs) was much… Read More »
Force Majeure And The COVID-19 Pandemic
The COVID-19 pandemic is slowly but surely reaching its middle, but the fact remains that every aspect of life has been altered during its existence. Real estate is no exception; too many transactions have been terminated or rescinded outright due to the illness or long-term incapacity of a buyer or seller. Depending on the… Read More »
Can An HOA Regulate Fences On An Owner’s Property?
When someone buys a house that is located in a homeowners’ association, they must be advised of the association’s covenants, conditions, and restrictions (collectively referred to as the CC&Rs) in order for the contract to be appropriately binding. The CC&Rs are the rules by which the HOA’s board of directors governs day-to-day life, and… Read More »
Judgment & Involuntary Liens On Florida Real Property
A lien is defined as a claim on another person’s property that exists because of an unpaid debt relating to that property. It forms what is called an encumbrance on property until the debt no longer exists – in other words, if you have a lien on your property, you cannot sell it without… Read More »
Different Types of Deeds In Florida
When a person or a couple wants to purchase a home in Florida, the way the property is legally transferred is through an instrument called a deed. There are several different types of deeds, but if you are not informed about the differences between them, you may wind up agreeing to more than you… Read More »
Property Management Companies vs HOAs: Who’s The Boss?
Many homeowners’ associations (HOAs) in Florida are what is known as self-managed; they handle their finances in-house, out of either necessity or a simple belief that outside help is not necessary. Associations that are larger, or deal in more complex financial transactions, can and do engage outside help to manage their affairs, though they… Read More »
Parking Questions In Florida Homeowners’ Associations
One of the most commonly disputed issues for many Florida homeowners’ associations (HOAs) is parking. Sometimes, parking spots are necessarily limited due to lot size or other issues, but even necessary rules can lead to disagreements and disputes – if an HOA is not careful, it may even find itself faced with a civil… Read More »