In March 2024, a landmark court decision led to significant changes in how real estate agents operate in the United States. The National Association of Realtors (NAR) agreed to settle a federal lawsuit for $418 million, resulting in new rules that took effect on August 17, 2024. Agents, buyers, and sellers in Florida real estate…
Florida’s condominium lifestyle attracts many residents and investors, but it can come with often unexpected financial challenges. One such challenge is the dreaded special assessment when condo owners are collectively expected to pay potentially large sums in addition to their condo association fees to maintain or repair the common areas of their buildings. When Florida…
Florida’s sunny beaches and vibrant communities make it a popular destination for second home buyers. However, buying a second home in Florida comes with unique legal and tax considerations. Buyers can benefit from exploring key issues that affect potential buyers including those from out of state or abroad. Property Taxes and Homestead Exemption One of…
Living in a community governed by a Homeowners Association (HOA) comes with both benefits and responsibilities. While HOAs help maintain property values and community standards, they also have the power to enforce rules through fines. The process for issuing Florida HOA fines is strictly regulated. Homeowners can benefit from understanding the steps an association must…
In Florida commercial property law, two common forms of property interests are fee simple ownership and leasehold interests. These terms might sound complex, but understanding the difference between them is crucial for anyone involved in real estate transactions or property ownership in Florida. Fee Simple Ownership: The Gold Standard of Property Rights Fee simple ownership…
Homeowners associations (HOAs) exist as a means to maintain property values and community standards. However, HOAs can also become obstacles to homeowners looking to sell their properties. In particular, HOA litigations and other legal actions that may hinder property sales. Fortunately, in many cases there are viable legal options available to homeowners facing these challenges….
1. What are the steps a Florida HOA needs to undertake HOA collections? To collect past due fees, a Florida HOA is required to: 1. Send a written notice to the homeowner 2. Apply late fees and interest as per the governing documents 3. File a lien on the property if allowed by the HOA’s…
Due to a number of association-related occurrences in recent years (ranging from the unprecedented collapse of a condo in Surfside to a number of high-profile theft and fraud cases in Miami) the Florida legislature has focused on creating new Florida HOA laws to protect the rights and wellbeing of the homeowners in the state. With…
For homeowners in Florida’s residential communities governed by homeowners associations (HOAs), condominium owners associations (COAs), or mobile home rental communities, disputes with the governing association can quickly escalate into legal battles. In suing a Florida HOA or other association, whether it’s over assessments, rule violations, or board elections, homeowners may find themselves needing to find…
A Florida real estate power of attorney (“FREPOA”) is a written legal document that authorizes any designated person who is 18 years of age (the agent) or older to act on behalf of the principal (the issuer of the power of attorney) to execute a Florida real estate transaction. FREPOAs are often limited in scope…
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