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Posts tagged "Naples"

What are the duties of a board of administration for a condo or community association?

The board of administration - also known as the board of directors - for a condo or community association is the group of elected individuals who are responsible for the administration, management, and operation of the condominium association. The powers and duties of the board of administration are set forth in the condominium documents, namely the bylaws and the Rules, as well as CH 718 FL ST. Other powers and duties may be defined in Florida's laws on corporations and not for profit corporations. 

Does your Homeowners Association (HOA) have to be incorporated?

Yes, it matters if your homeowners' association (HOA) is incorporated. Pursuant to Florida Statute ยง720.303, "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.

Real Estate Purchase and Sale - Can I get my deposit back?

When you are buying, building or renting a home, it is common to pay some sort of deposit. This money can serve different purposes. A security deposit for a lease can be used for things like repairing damage done by a tenant. If the deposit is for a new home being built, it can be used to reserve land. An earnest money deposit on an existing home can be considered an indication of a buyer's serious and good faith intention to purchase the home.

Community Associations - Dealing with HOAs when you miss a payment

If you live in a home that is part of a homeowners association, you should be well aware of your expectations to pay regular fees. These payments go toward maintenance of shared areas and amenities, building improvements and repairs as well as other expenses and services shared by members of the association.

Real Estate Disputes -- Buyer's Right to Possession after Closing

What can I do when I buy a house in Florida but the Seller won't move out? Can I force him out? YES.
This doesn't happen often, but it does happen. Real Estate litigation is sometimes a necessity.   I was once consulted by a home buyer who did everything right.  She wired her funds to the title company, attended closing and signed all the paperwork requested.  The Seller did his part (up to a point)-- he timely signed and delivered the deed, etc.  But then the Seller just didn't move out!

Same Sex Marriage and Real Estate -- Florida Homestead

Question: If my same sex spouse and I were legally married in another state, but now live in Florida, are we entitled to all homestead protections and benefits?

Real Estate Disputes and Lis Pendens

Classic real estate dispute Questions: How do I preserve my rights in the property I put money into? Can I file a Lien or a Lis Pendens right away?

Same Sex Marriage and Florida Real Estate --Condominium and HomeOwner Associations

On April 5, 2016, I posted a blog on Same-Sex Marriage and Florida Real Estate, specifically the impact of the United States Supreme Court 2015 ruling in Obergefell v Hodges. The impact will be far-reaching and it will be a while before Florida Courts rule on the multitude of issues.

Complications can -- and do -- arise in real estate transactions

Too many people make the mistake of oversimplifying real estate transactions. They assume that two parties will exchange payment, sign some documentation and that's it: The property then changes hands.

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