Author Archives: Jay Butchko
Can Our Community Association Refuse Late Payments?
When someone buys a home or a condominium that is governed by an association, they consent to abide by the rules and regulations put out by that association. This includes paying dues or special assessments (extra payments levied for a specific purpose) – and a failure to comply can get an owner in hot… Read More »
Dealing With Joint Tenancy In Florida Real Estate Transactions
There are several different ways to own property in Florida, and it is very common for more than one person to have a share in a piece of real property. That said, having multiple owners can lead to complications in the event of a real estate sale. If you are interested in purchasing a… Read More »
Developer Turnover Of A Florida Condo Association
A brand-new condominium association always begins life under the aegis of the developer that constructed it. However, once construction is complete and enough units have been sold, the developer is required, under Florida law, to transfer the community over to an elected board of directors. That process is slow but sure, and it is… Read More »
“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 »