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New Condominium Structural Safety Provisions in Florida

In early 2022, Senate Bill 4-D, a legislative response to the 2021 Surfside collapse, was signed into law. The bill includes provisions that result in significant changes to Florida Statutes Chapters 553, 718, 719 and 720.  The spirit of the regulations is to improve the life safety of COA-managed buildings in the state of Florida.  [...]

The Role and Responsibilities of a Closing Attorney

The process of closing a real estate deal, whether commercial or residential, consists of many moving parts.  Once a buyer finds a property they would like to purchase, there are a number of steps that have to be taken such as appraising the property, conducting a title search and a physical inspection. Closing attorneys representing [...]

Drone-Related Disputes and HOAs (Homeowner Associations)

The use of drones for recreational and commercial purposes occurs more frequently every year. While there are many benefits to drone usage, the likelihood of drone-related disputes and incidents on homeowner association (HOA) property is of concern to many HOAs and HOA members. HOAs and members can take steps today to allay concerns about drone [...]

Qualifying for Florida Medicaid Despite Higher Income and Assets Over the Limit

Medicaid is a robust state-sponsored insurance program that can pay for long-term care in nursing facilities, at-home care and certain medical expenses.   Medicaid is generally intended for applicants with low or no income and assets.  In Florida, Medicaid applicants in 2022 are required to make less than $2,523.00 in gross income, with some deductions considered, [...]

2022-07-24T01:17:39+00:00Medicaid Planning|

How HOAs can Deny a Sale or Rental 

Homeowners Associations (HOAs) are made up of board members who are elected by the owners in a community. The HOA then serves as a governing body with the authority to make and enforce rules and regulations that affect the community at large. One of the HOA’s duties is to determine whether potential buyers and tenants [...]

Choice of Law and Venue in Business Contracts

Florida businesses often include “choice of law” and “choice of venue” provisions in their contracts that stipulate the agreement be governed, construed, interpreted and enforced in accordance with the laws of the State of Florida or another state or nation of the parties’ choosing. These choice of law and venue provisions provide the contracting parties [...]

Homeowner Associations, Condo Associations and Duty of Care

In recent years, a number of Florida-based homeowner’s associations (HOAs) and condominium owners associations (COAs) have been successfully sued by victims of crimes or safety incidents for failure to fulfill a duty of care. In several cases, the HOAs and COAs were found liable for negligent security or for failure to perform their duty of [...]

Drafting a Sales Contract

Sales contracts are legally binding written agreements that govern a transaction between a buyer and a seller. When drafting or reviewing a sales agreement for a business, there are two questions that can be asked before the contract can be considered complete.  Firstly, does the sales contract cover all bases required to ensure that all [...]

Homeowners Association (HOA) and Condo Owners Association (COA) FAQs

As a Florida real estate law firm experienced in the field of Homeowners Associations (HOAs) and Condo Owners Associations (COAs), South Florida law frequently works to resolve HOA disputes, establish HOAs, draft and review HOA documentation and transact properties in communities managed by associations (either HOAs or COAs). In the process of handling association-related matters, [...]

The Complexity of Joint Property Ownership in Florida

The laws related to real estate ownership in Florida can be complex. These complexities become even more pronounced when joint property ownership is a factor. When properties are owned by more than one title holder, it is not uncommon that legal matters arise that require the involvement of an experienced real estate and estate planning [...]