Doing Business in Florida Blog

Condominium Legislative Update - SB1966

June 22, 2021
Jeffrey R. Margolis  |  Real Estate, Residential Real Estate

In addition to SB 56 and SB 630 which were signed into law by Governor Ron DeSantis on June 16, 2021 as addressed in my blog post from June 17, 2021, Governor DeSantis signed Senate Bill 1966 into law on June 21, 2021.  The legislation, which is effective July 1, 2021, makes additional changes to provisions in the Florida Condominium Act regarding condominium association board eligibility and condominium association budgets.  Below are highlights of Senate Bill 1966 and the changes to the laws governing condominiums.

State Registration and Reporting Requirements for 55+ Communities Eliminated

July 19, 2020
Real Estate, Residential Real Estate, Older Persons

The Florida Fair Housing Act, Sections 760.20-760.37 Florida Statutes (the “Act”), exempts communities that qualify as “Housing for Older Persons” under federal and state law from the provisions and requirements of the Florida Fair Housing Act regarding familial status

Miami-Dade County to Consider Ordinance Requiring Disclosure of Special Taxing Districts

January 22, 2019
Jeffrey R. Margolis  |  Real Estate, Residential Real Estate, Taxation

Miami-Dade Board of County Commissioners will consider today for first reading an amendment to the Miami-Dade County Code which would require sellers of residential property located within a special taxing district to disclose to buyers that such property is located within a special taxing district and subject to payment of assessments.

Affordable Housing in Florida: The Crisis is Real

March 26, 2018
Iryna Ivashchuk  |  Real Estate, Residential Real Estate

One of the biggest barriers to economic stability for households in the United States is the severe shortage of affordable homes. A household is considered severely cost burdened if it spends more than 30% of its income on housing (rent or mortgage payments). Florida is in the midst of an affordable housing crisis with the third largest homeless

FinCEN Increases Scrutiny to Combat Money Laundering on Residential Real Estate in Miami-Dade and Palm Beach Counties

August 28, 2017
Joshua B. Brandsdorfer  |  FinCen, Florida real estate, Florida Real Estate Attorney, Money Laundering, Real Estate, Residential Real Estate

Due to the continued effects of money laundering in certain geographically targeted areas, including Miami-Dade and Palm Beach Counties, the Financial Crimes Enforcement Network (FinCEN) has recently increased its investigation into high-end residential real estate transactions. All cash residential real estate transactions with purchase prices over the

Governor Signs Condominium and Homeowners Association Legislation but Vetoes Legislation Which Would Have Modified the Condominium Sprinkler Retrofit and Life Safety Requirements

June 26, 2017
Jeffrey R. Margolis  |  Condominiums, Homeowners Association, Real Estate, Residential Real Estate

Citing to the recent London high-rise fire, Florida Governor Rick Scott vetoed House Bill 653 which, among other things, sought to amend the condominium fire sprinkler retrofitting and life safety systems requirements. However, the Governor signed House Bill 1237 and House Bill 6027 into law on June 26, 2016.  The legislation signed by the Governor goes

2017 Statutory Changes to Florida’s Condominium Termination Statute

June 25, 2017
Barry D. Lapides  |  Condominiums, Homeowners Associations, Real Estate, Residential Real Estate

As an update to my previous blog dated June 15, 2017 on terminations of condominiums which can be found here, Florida Governor Rick Scott signed Senate Bill 1520 into law on June 16, 2017. Senate Bill 1520 addresses the termination of condominiums in Florida and impacts the manner in which Florida condominiums may be terminated pursuant to Section

Terminating Condominiums in Florida

June 14, 2017
Barry D. Lapides  |  Condominiums, Homeowners Association, Real Estate, Residential Real Estate

One of the hot development trends in Florida are developers terminating existing residential condominium buildings and repurposing such buildings or land. One reason why developers are attempting to gain control of condominium buildings is because the property’s highest and best use is not for a condominium building but rather a rental building or some

Governor Signs Condominium and Homeowners Association Legislation

June 14, 2017
Jeffrey R. Margolis  |  Condominiums, Homeowners Association, Real Estate, Real Estate Development, Residential Real Estate

Florida Governor Rick Scott signed House Bill 398 into law on June 14, 2017. House Bill 398 addresses estoppel certificates and expands the scope of the current statutory provision.  Specifically, the legislation changes the process and requirements for issuance of estoppel certificates by condominium and homeowners associations as follows: The time

Legislation to Overhaul Florida's Construction: Defect Law Moving Through the Legislature

April 16, 2017
Jeffrey S. Wertman  |  Condominiums, Construction Litigation, Dispute Resolution, Real Estate, Real Estate Litigation, Residential Real Estate

In my March 1, 2017 blog, I discussed how Florida SB 1164 seeks major changes in Florida's construction defect law, including requiring contractors to notify subcontractors of an owner’s notice of defects, requiring notice to and acknowledgment from owners of the risks and benefits of accepting or rejecting repair offers, requiring the claimant or agent

Drones Are in the Air and "Should Also Be on Associations' Agendas”

April 13, 2017
Jeffrey R. Margolis  |  Condominiums, Drones, home owners associations, Real Estate Development, Residential Real Estate

Drones may be put to use for a variety of purposes including recreational use, videography and photography, inspection of facilities, and safety purposes. In the near future it is likely that drones will be widely used in commercial ventures including delivery of packages to individual residences.  There are so many potential uses for drones that one

Florida's Construction Defect Statute: Renovation Begins Again

February 28, 2017
Jeffrey S. Wertman  |  Condominiums, Construction Litigation, Litigation, Real Estate, Real Estate Litigation, Residential Real Estate

Renovation is underway again on Florida’s construction defect law, Chapter 558 of the Florida Statutes. Florida’s construction defect law requires the owner of real property in Florida to provide contractors, developers and other construction parties with a formal written notice of potential construction defects and the reasonable opportunity to fix the defects before a construction defect lawsuit is filed.