Author Archives: Jay Butchko
Can Individual HOA Board Members Be Sued In Florida?
Despite the fact that most board members in homeowners’ and condominium associations are volunteers, being a board member is a job that comes with quite a bit of responsibility. Community association boards generally have a fiduciary duty to their owners, and because of this, owners may file suit in an effort to hold them… Read More »
Is Secondhand Smoke A Violation Of Florida Condo Laws?
Data from the U.S. Centers for Disease Control (CDC) show that between 2005 and 2020, the number of U.S. adults who regularly smoke cigarettes has declined from roughly 21 percent down to 12.5 percent. Smoking has also become more and more proscribed in public – but in some cases, smoking can be a nuisance… Read More »
Florida Real Estate And The Fair Housing Act
Both Florida’s legislature and the U.S. federal government have established Fair Housing Acts, intended to curb discrimination on the basis of race/color, sex/gender, religion, national origin, and disability, among others. However, sometimes discrimination is not that easy to detect, particularly if someone has not had to buy or rent a home before. If you… Read More »
Can HOAs Regulate Political Signage In Members’ Yards?
Elections are relatively frequent in the United States, from homeowners’ association board members to presidential contests. It has become common practice to put signs on a person’s lawn in order to signify one’s support for their chosen candidates – but in some places, it is permissible for those expressions of support to be regulated…. Read More »
Condominium Mold Law In Florida
There are a variety of reasons why mold may appear in a Florida condominium, from sea air to plumbing damage to natural disasters. Many condo owners operate under the assumption that the condominium association is on the hook to cover any damage, but in reality, most insurance policies of this type have explicit mold… Read More »
Can A Florida HOA Restrict Solar Panel Installations?
In early 2022, Florida Agriculture Commissioner ‘Nikki’ Fried announced her office’s intent to set goals for the state to transition to 100 percent renewable energy by 2050. While the state’s Public Service Commission (PSC) governs utilities, and has shown little interest in starting the transition, individuals throughout the state have begun to switch their… Read More »
Are You Ready To Close On Your Real Property?
A real estate closing can be a momentous, life-changing event for a person or a couple, particularly if it is their first time buying a home. However, it can be quite intimidating for the same reason, especially if you are trying to navigate the process alone. There are several different factors that go into… Read More »
The Role Of A Home Inspection In Florida Real Estate
When trying to conclude a residential real estate transaction in Florida, it is recommended (though not required) to have a home inspection performed before going to closing. A licensed, certified home inspector can do this, providing you with vital information about the state of the property, and may sometimes catch a defect of which… Read More »
Judge OKs $1.1B Settlement For Victims Of Surfside Collapse
In late June, a judge in the Miami-Dade Circuit Court gave final approval to a $1.02 billion settlement worked out between the victims and several parties accused of contributing to the Champlain Towers disaster. Approximately one year ago, the south tower at Champlain Towers partially collapsed, killing 98 people, and while no ultimate cause… Read More »
Dealing With Condo Termination In Florida
When you buy a condo in Florida, you are likely doing so with the expectation that you can live your golden years out there. However, recent years have given the lie to that statement, due to the evolution of a process that is known as condo termination. There are various reasons why this might… Read More »