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…
Purchasing a home together is a significant milestone for any couple, but for unmarried couples in Florida, it comes with unique legal considerations and challenges. Home buying tips for unmarried couples are more complex than those for married couples. Married couples have established legal frameworks governing property ownership and rights, whereas unmarried couples must navigate…
In Florida, homeowners associations (HOAs) play a crucial role in maintaining the order and safety within residential communities. However, when an association fails in its duty of care, filing a personal injury lawsuit and pursuing legal action against the association may be the only way for an accident victim to make themselves financially whole. Governed…
Quick Read Summary (TLDR) Florida law fundamentally changed how squatters are treated. Squatters are now reclassified as criminal trespassers. Past laws allowed them to establish tenant-like status after 30 days of residency. The new legislation shifts these matters to criminal courts, enabling law enforcement to take swift action. Property owners can now press criminal charges…
Title deeds play a crucial role in property ownership, serving as legal documents that establish ownership rights and transfer interests in real estate. In Florida, understanding various types of deeds and the procedures for modifying them is essential for property owners and prospective buyers alike. Here are answers to five frequently asked questions regarding title…
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