Foreign buyers close on Florida condominiums every day without realizing that United States tax law treats those units very differently than property held by American citizens. Strategies to reduce estate tax would need to be employed in order to make Florida property ownership a viable choice for many non-US citizens. This is because a non-US…
When a Florida homeowners association ignores a records request sent by certified mail, the consequences are set by Section 720.303(5) of the Florida Statutes. The Florida HOA faces a rebuttable presumption that it willfully failed to comply, minimum damages of $50 per calendar day for up to ten days, and exposure to actual damages that…
Parking disputes rank among the most common conflicts in Florida HOAs, and most begin with a misunderstanding about where an association’s authority comes from. A homeowners association draws its power from a recorded declaration and from Chapter 720 of the Florida Statutes. Neither source gives it control over land it does not own, and that…
A fine notice that arrives already assessed, with no hearing date and no chance to respond, is more common than many Florida homeowners expect. In most situations, that is not how the law works. Section 720.305 of the Florida Statutes sets out a specific sequence a homeowners association must complete before HOA fines take effect,…
Quick Read Summary (TLDR) A homeowners association or HOA foreclosure auction can end with a winning bid of a few thousand dollars on a property worth far more. Investors new to these sales often read that low number as a sign of a clean transfer. In Florida, it signals the opposite. The mortgage that held…
Quick Read Summary (TLDR) Federal tax liens on Florida foreclosure properties operate under federal law, meaning they can survive a sale if the lien was recorded prior to the mortgage or if the federal government was not properly joined as a party in the foreclosure lawsuit. This effect foreclosure buyers because, even when a sale…
Quick Read Summary (TLDR) In Florida, winning a foreclosure auction is merely the first step, as borrowers retain a “right of redemption” that allows them to pay off debts and invalidate the sale until the clerk of court files the certificate of sale. Bidders must be aware that federal liens can extend redemption periods well…
Quick Read Summary (TLDR) In Florida, private lenders must adhere to specific statutory procedures to enforce defaulted hard money loans, which involve proving legal standing and complying with mandatory notice and demand provisions. Lenders generally must pursue judicial foreclosure for secured loans, while unsecured notes allow for lawsuits to recover balances, with specific rules governing…
Quick Read Summary (TLDR) Deed fraud in Florida occurs when a fraudulent document, such as a forged deed, is recorded against a property, creating a legal cloud that prevents the owner from selling or refinancing. Property owners can clear this title by filing a quiet title action under Chapter 65 of the Florida Statutes, which…
Quick Read Summary (TLDR) Under Florida law, retroactive short-term rental bans passed by HOAs or condominium boards after July 1, 2021, generally cannot be enforced against existing owners who do not consent to them. However, HOAs have a distinct advantage over condo boards because they can utilize statutory carve-outs to restrict rental terms under six…
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