Blogs & Resources

Condominium and homeowner associations are common when living in Florida. All associations are creatures of the Florida Statutes. They are corporations with a governing body typically called a Board of Directors who are elected by the unit owners. Sitting on the association Board gives decision making authority over other members of the community. Sometimes these Board members abuse their power for their own self-benefit or interest.

Florida is known as a “debtor-friendly” state, and one of the greatest protections afforded debtors under the Florida Constitution is the homestead exemption. Article X, Section 4, of the Florida Constitution states that creditors cannot force the sale of the debtor’s primary residence in order to satisfy a judgment or lien. This homeowner protection is also codified in the Florida Statutes in Chapter 222.

Florida’s homestead protection applies to the primary residence up to one-half acre within a municipality and up to 160 contiguous acres outside of a municipality. Fla. Const. Art. X, §4(a)(1). As long as those acreage requirements are met, it does not matter if the primary residence is worth 4 million dollars

Given the current real estate market, a real concern among renters is what will happen to them if their landlord stops paying the mortgage and a foreclosure action is filed. In 2009, a new law was enacted to protect tenants of foreclosed property, such that they may not be immediately evicted upon sale of the property after foreclosure without notice.

Recently, Florida’s Third District Court of Appeal issued a ruling that laid to rest any doubt as to whether a trial court has the jurisdiction to determine the amount of association dues owed to a condo association in a foreclosure action and the amount of attorneys’ fees to be awarded to the prevailing party in such an action…

Every August Florida Property Appraisers will send out their TRIM notices, or Notice of Proposed Property Taxes, advising all tax payers of the proposed assessment on their properties. It is crucial for land owners to critically review this Notice and determine whether the assessment is fair and accurate, as the mailing of the notice commences a very short window in which a tax appeal must be filed. Very often these Notices are inflated to require payment of more taxes than should be assessed.

The county assessed value of your real estate should equal what the property would easily sell for in an arms-length transaction between a willing buyer and seller (Market Value). As often occurs, the true number that the local real estate market will bear is a lower number than what the county property appraisers value lists because properties are not impervious to natural variables that diminish value. If the property has been affected by a diminution in value caused by declining prices and market conditions, detrimental conditions (i.e. cracked slab, landslide, construction defects, condemnation, environmental problems), or other causes, the property owner should consider filing an appeal. Property tax appeals can be filed on any real estate including a home, ranch, vacant land, apartment building, commercial, industrial, or special use property.

Property owners are often shocked when receiving annual notices attempting to re-valuate their property because their property tax values often rise dramatically from a previous valuation (increases in value by 40% or more are not uncommon in some jurisdictions). This Blog post will attempt to answer two common questions we are often asked by Florida land owners: “How does the property tax process work and What can I do if I think my property has been over-valued by the tax man?”

In 2009, the Florida Legislature changed an existing law that was aimed to encourage “Florida-Friendly” landscaping in communities governed by homeowner associations. Under the State Water Resource Plan each water management district is required to design and implement an incentive program to encourage all local governments to adopt new ordinances requiring Florida-Friendly landscaping.

Are you a business owner experiencing parking issues on your commercial property? How about a condominium association with parking issues on residential property? In Florida, private property owners, along with their agents, have authority under the Florida Statutes to tow unauthorized vehicles off their property. Fla. Stat. § 715.07 (2012). In doing so, you want to make sure you follow Florida law or else you may be liable for certain expenses and damages.

When it comes to community associations, nothing generates more conflicts and disputes than a hotly contested election for the association’s board of directors. Most often, the debate involves whether or not, under Florida law, a certain individual is even eligible to serve on the association’s board.

Florida’s Third District Court of Appeals has made it even harder for Florida’s associations to survive within this tough market environment. For decades, Florida law was interpreted as to always require the purchaser of a residential foreclosure to pay the past-due assessments owed to an association by the previous property owner. The Third District, however, has altered the interpretation of that law. In the case of Aventura Management, LLC v. Spiaggia, the Third DCA held that associations can now be considered jointly and severally liable for past-due assessments in certain situations. 105 So.3d 637 (Fla. 3d DCA 2013).

Nothing in life is free, and that applies to living in a nice neighborhood as well. Whether it is a neighborhood of condominiums or single family homes, the cost of maintenance and upkeep often falls to those living within that community. And when an association is delegated the duty of maintaining the neighborhood, that association will charge its residents a periodic assessment, which is due usually monthly or quarterly. Such associations function best when all property owners contribute by making timely assessment payments.