Author Archives: Jay Butchko
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 »
How Can I Participate Remotely In My Condo Association Meetings?
During the COVID-19 pandemic, many community associations made changes to their meeting rules to permit owners to participate in board meetings remotely, so as to ensure safety for all. In 2021, the Florida legislature codified many of those rules, allowing some remote options to remain an option for associations moving forward. There are many… Read More »
Collections For Homeowners’ Associations
No one, whether a member of a community association board or a unit owner, enjoys the collections process. However, living in a community association comes with the requirement to pay all the required fees and assessments; a failure to do so means that the board must enforce collections proceedings against owners, which can be… Read More »