The Real Estate Settlement Procedures Act (RESPA) significantly influences Florida real estate law and real estate transactions in Florida. Although RESPA is a federal law, it works alongside Florida statutes to govern the conduct of buyers, sellers, agents, and lenders throughout the real estate settlement process. Disclosure Requirements for Lenders Lenders in Florida must comply…
Florida homeowners associations maintain various covenants to preserve property values and community standards. Understanding common restrictions in Florida HOA covenants helps potential homebuyers make informed decisions and existing owners maintain compliance. Architectural Controls in Florida HOA Covenants Chapter 720 of Florida Statutes provides the legal framework for Florida HOA covenants, including architectural restrictions. Most communities…
Florida law provides specific procedures homeowners associations must follow when filing liens against property owners. While determining how to file a lien, understanding these requirements helps associations protect their interests while complying with legal obligations. Pre-Lien Requirements Before filing a lien, Chapter 720 of Florida Statutes requires associations to follow specific preliminary steps. The process…
Selling property without a real estate agent in Florida requires careful attention to numerous legal and practical requirements. While saving on commission costs attracts many sellers to the For Sale By Owner (FSBO) approach, paying close attention to 10 key areas can help avoid costly mistakes. 1. Pricing Strategy Setting the right price requires more…
The creation and termination of Florida condominium declarations involve complex legal procedures governed by state law. These processes require careful attention to detail and stakeholders can benefit from professional legal guidance by an experienced real estate attorney with a track record of success in the condominium owners association (COA) law. Creating a Florida Condominium Declaration…
Quick-Read Summary (TLDR) Effective HOA collections in Florida require well-crafted policies that comply with Chapter 720 of Florida Statutes, establishing clear procedures for handling delinquent accounts including payment schedules, late fees, and consequences of non-payment. Early and consistent communication with homeowners, including courteous reminders and professional documentation, helps prevent collection problems and is essential for…
Real estate litigation in Florida encompasses a wide range of disputes, from straightforward contract disagreements to complex construction defect cases. Understanding these common causes of real estate litigation helps property owners and investors recognize potential legal issues before they escalate into costly court battles. Contract Disputes Contract disputes rank among the most frequent causes of…
When married couples purchase a home in Florida, they must decide between various joint ownership options to hold title to the property. This decision affects property rights, inheritance, taxation, and asset protection. Understanding the available options helps couples and make informed choices aligned with their long-term family goals. Tenancy by the Entireties The most common…
The role of Homeowners Association boards in Florida carries significant responsibilities and potential pitfalls. Drawing from state laws, regulatory guidance, and established best practices, successful Florida HOA board governance requires careful attention to both recommended and prohibited actions. Recommended Actions State statute requires Florida HOA boards to maintain detailed financial records. Successful boards go beyond…
Living in a condominium or homeowners’ association (HOA) community in Florida comes with many benefits, but it can also present challenges when board members overstep their authority. If homeowners suspect abuse of power in Florida condo and HOA boards, there are several steps they can take to address the situation. Residents and association members can…
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