Quick Read Summary (TLDR) As recreational and commercial drone use grows, so does the potential for drone-related disputes and liability within HOA communities. HOA members who fly drones must comply with federal and Florida regulations, plus privacy and trespassing laws that apply at lower altitudes. HOAs themselves may use drones for inspections, but Florida Statutes…
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,…
Quick Read Summary (TLDR) Florida HOA law and Condo Owners Association law give associations broad authority to approve or deny sales and rentals, but that power is limited by the Federal Fair Housing Act, Florida statutes, and the association’s own governing documents — and screening criteria must be applied evenly to every applicant. Defensible rejections…
Quick Read Summary (TLDR) Florida businesses often include “choice of law” and “choice of venue” provisions in their business 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…
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…
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…
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 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…
A Medicare Dual Eligible Special Needs Plan (D-SNP, pronounced “dee-snip”) is a type of Medicare Advantage plan made for people who fall into the neediest of populations. D-SNPs allow people with Medicare and Medicaid to cover out-of-pocket costs that would otherwise be unaffordable to them. Medicare Advantage plans, otherwise known as Medicare Part C, are…
Homeowners Associations, or HOA’s control over 60% of residential communities in the State of Florida. If you are in the market for a house in Florida, it is very likely that you will come across an opportunity to buy one that is in an HOA community. HOAs govern communities based on a set of documents…
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