Author Archives: Jay Butchko
In Florida, Nationality May Bar Property Ownership
In general, U.S. law does not discriminate in the matter of real estate ownership, as long as the Office of Federal Asset Control (OFAC) does not object to the purchase or sale. However, the state of Florida passed a law in May 2023 that restricted the right of certain foreign nationals to own property… Read More »
How To Avoid Claims Of ‘Selective Enforcement’ As A Condo Board
One of the most crucial requirements of most condominium regulations is to treat every unit owner in an equal manner wherever possible. However, when there are disputes between owners and the board, it is not uncommon to see an owner allege that selective enforcement has taken place. If a rule is enforced against one… Read More »
Breaches Of Contract In Florida Real Estate Sales
There are several potential reasons why a breach of a Florida real estate contract may happen, any of which can potentially torpedo a deal. When a breach happens, it can be a complex legal wrangle to sort out which party is owed what. An experienced attorney can help explain your options and advise on… Read More »
Can Community Associations Ban Specific Pet Breeds?
There are a variety of dog breeds that are seen, rightly or wrongly, as dangerous – rottweilers, German shepherds, and pit bulls being the most common examples. Florida, among other states, had enacted ‘breed-specific’ legislation barring these breeds from homes and public facilities, but the last bans were abolished in 2023. That said, there… Read More »
Florida’s Largest HOA Tries To Pick Up The Pieces
The Hammocks is a homeowners’ association (HOA) in West Kendall, southwest of Miami. For the past seven years, it has been governed by a “tyrannical, secretive board of directors,” which now stands accused of allegedly stealing millions in fees from the roughly 6500 homeowners. As of March 2023, a new board is trying to… Read More »
Can One Ever Back Out Of A Real Estate Contract?
Like any other contract, real estate purchase agreements are usually set in stone once signed. However, if circumstances in your life change before the contract is signed, you may be able to escape with minimal damage to your personal finances, whether buying or selling. Florida law is generally even-handed with regard to favoring the… Read More »
Can Community Associations Regulate Electric Car Charging Ports?
In 2022, statistics from Car & Driver magazine estimated that approximately 1 percent of all vehicles on the road were electric or partially electric – which does not sound like a lot, but given there are approximately 278 million cars registered to drivers in the United States, that number is still significant. As such,… Read More »
Will AirBNB’s “Revenue Collapse” Help The Florida Home Market?
A recent report from Newsweek conjured rumors of a “revenue collapse” for AirBNB, though as of this writing the company disputes the allegation. Data obtained from AllTheRooms.com by Reventure Consulting, a home-buying advice firm, estimates as much as a 35 percent drop in revenue for properties in cities across the United States, including some… Read More »
What Is The Role Of A Homeowners’ Association In Florida?
For new Floridians, or for new homeowners in general, the prevalence of homeowners’ associations (HOAs) in Florida can be a bit jarring – approximately 70 percent of dwellings built within the last decade fall under an HOA. Stereotypes abound as to what an HOA can and cannot do, and to what length it has… Read More »
Eviction vs Ejectment In Florida Real Estate
Landlord-tenant relationships are fairly straightforward; a tenant rents space from a landlord, until they decide to leave and rent elsewhere. However, sometimes complications arise – either a tenant may refuse to leave, or someone with no claim at all to the property may wind up staying there. In this event, a landlord has options,… Read More »