Florida Construction law is complex. Building projects have the potential to be very complicated and frustrating. Oftentimes, there are issues that arise that lead to delays and added costs. And while it can be tempting to take shortcuts or ignore these issues in the interest of meeting deadlines or getting the job done faster, doing so could ultimately cause more problems than it solves.
Construction law is relevant to everyone. In response to shortages of affordable housing in cities across the U.S., some cities are looking for new ways to increase access to affordable housing. One solution that is gaining popularity is the option for homeowners to build accessory dwelling units on their property, which are attached or freestanding complete residences that can be rented out.
Community Association Issues are on everyone's mind these days after Hurricane Irma caused damage across the state. Disputes are arising as to insurance coverage and the responsibility of owners versus that of associations. Does each party have sufficiant coverage? How will reserves be used? Are the reserves sufficient? Associations, Directors and Unit Owners should also use this as an opportunity to plan for the next casualty event. Click here for a discussion of the Post-Irma issues relating to the liability of condominium associations and their boards of directors, on these critical issues. Also check out our blogs on resolving disputes or litigation arising under NABOR and FR/BAR residential sales contracts after a casualty event.
Here's a quick and dirty summary of the new estoppel certificate laws for Condominiums and HomeOwner Associations. Estoppel certificates used to be referred to as 'estoppel letters.' Associations need to be complying with these detailed new requirements, there can be serious penalties for failure to do so.
Real Estate Litigation often arises out of people being careless with language.
As the above-cited overview says, "Many people lack a clear understanding of easements, and the numerous legal problems that can arise" when they become an issue in YOUR real estate.
Yes, it matters if your homeowners' association (HOA) is incorporated. Pursuant to Florida Statute §720.303, "an association must be incorporated. . . ." You can view the entire statute here. The governing documents must be recorded in the official records of the county where the HOA is located. The governing documents include, but are not limited to, articles of incorporation, which establishes the existence of the corporation.