Under Section 252.363, Florida Statutes, qualifying permitees are entitled to extensions following a declared State of Emergency for the amount of time the declaration was in effect, plus an additional six (6) months.

In order to obtain such an extension under this statute, permitees are required to submit a written notification to the appropriate authorizing agency (i.e., City, County, Florida Department of Environmental Protection (FDEP), or Water Management District) within 90 days after the State of Emergency has expired.

Types of Permits that Qualify

Continue Reading New Executive Orders Provide Further Statutory Extension Opportunities for Florida Development Approvals

Foreclosure Nick Bastian FlickrOn August 24, 2016, the Fourth District Court of Appeal issued an opinion in Ober v. Town of Lauderdale-by-the-Sea, No. 4D14-4597, 2016 WL 4468134 (Fla. 4th DCA August 24, 2016) that is likely to have broad implications on Florida’s foreclosure process and negatively impact investor interests in distressed real estate. Moving forward, from a land use perspective, the case should also serve as a cautionary tale and reminder about the importance of a prospective buyer’s due diligence.

Background

The genesis of the case began on November 26, 2007, when a lis pendens was recorded on a property as part of a foreclosure proceeding against a homeowner. Thereafter, a bank obtained a final judgment of foreclosure on the property in September of 2008. Several years following the final judgment, a real estate investor, Ober, purchased the property on September 27, 2012 at a judicial sale.

The crux of the case revolved around seven (7) separate code enforcement liens that had been recorded on the property by the Town between the dates of July 13, 2009 and October 27, 2011, all stemming from violations that occurred after the final judgment was entered. Finally, in 2013 the Town began to impose three more liens on the property in relation to the earlier violations.

In an attempt to strike the liens against his property, Ober filed an action to quiet title in civil court. In response, the Town filed counterclaims to foreclose the ten (10) liens, which were later approved by the trial court in its final judgment that was entered against Ober.

According to the Ober Court, Florida’s Lis Pendens Statute Does Not Apply to Liens Recorded Between Final Judgment and the Judicial Sale

Continue Reading New Florida Foreclosure Case May Lead to Less Participation and Greater Risk for Real Estate Investors

We all understand the value of preparing for hurricane season, but what about tourist season?

In the last post, we talked about the need for a license if you intend to rent your property out on short term intervals.

Now that you know whether you need a license to rent out your second home or condo, have you considered the benefits of using a written rental agreement?

Sure, it’s convenient and friendly to allow a stranger on VRBO to rent your property and only require that he or she pay a modest security deposit up front. In a perfect world, the renter would pay rent, not damage the property, follow all of the rules, and this arrangement would work out wonderfully every time.

Benefits of a Written Rental Agreement

Continue Reading Vacation Rentals: Are You Prepared?

iStock_000015122897XSmall.jpgAssociation boards frequently ask what recourse they have against owners who fall behind on paying assessments, or violate other provisions of an association’s governing documents. While most associations’ governing documents provide for the right to fine owners and place a lien on their property, not all boards are aware that they may also suspend owners’ rights to use common elements or facilities.

What Rights Can Be Suspended?

Continue Reading Can an Association Suspend an Owner’s Right to Use Common Facilities?

IMG_3202Relatively recently, sites like VRBO have revolutionized how people travel. They also have made it easier for the average person to rent out their home without the need for professional assistance.

Are you considering renting your second home or condo during this fast-approaching Southwest Florida tourism season? If so, have you considered that you might be fined if you don’t have a license?

What You Need To Know

Florida law requires anyone in Florida renting a home to guests more than three times a year for stays which are less than 30 days to have a license. This means most of the people listing their homes on VRBO or otherwise advertising their house as available for rent to the public need to get a license from the DBPR- Division of Hotels and Restaurants. Continue Reading What You Need to Know if You Are Considering Signing Up with VBRO

matthewsimmons1As Co-Chair of the Lee County Bar Association’s Land Use and Governmental Law Section, I recently had the privilege of sitting down with Matt Simmons, State-Certified Residential Real Estate Appraiser and partner at Maxwell Hendry & Simmons, after he spoke at our group’s July luncheon. Matt shared so much valuable information with us (no pun intended) that I hoped to capture some of that knowledge to share here. Given the importance of the real estate market to our community, it is nearly impossible to distill the wealth of data Matt and his firm have in a short blog. But, it’s always fun to try!

Q: You have great data to share, and you mentioned that often the data can be skewed if viewed in isolation. What do you see as the most misunderstood information reflecting the SWFL market?

Continue Reading Insight into the SWFL Real Estate Market: Q&A with Matt Simmons

Property Rights Flickr Kax VorpalLet’s take these in reverse order.

Do you own real estate?

If the answer is “Yes,” then you should care because you, as a property owner, hold a number of property rights, known as a “bundle of sticks.” If the government, or a private entity with the power of condemnation, infringes on one or more of your property rights, then you may have a claim for inverse condemnation, if certain other factors are met.

What is “inverse condemnation?”

Continue Reading What is Inverse Condemnation and Why Should You Care?

This year, on two separate election days, Florida voters will be given an opportunity to vote on two different constitutional amendments.

Generally, Amendments to the Florida Constitution must be approved by at least 60 percent of voters to pass.

Amendment 4: Florida Tax Exemptions for Renewable Energy Measure

At the primary election on August 30, 2016, Florida voters will have an opportunity to vote for the Florida Tax Exemptions for Renewable Energy Measure, Amendment 4.

Continue Reading Solar Energy is Hot on Florida Ballots in 2016

On July 26, 2016, by a sharply divided 3-2 vote, the Florida Environmental Regulation Commission (“ERC”) approved new changes to Florida’s surface water standards.

What is the ERC?

The ERC is a seven-member board (with two seats currently vacant) that is tasked with setting the standards and rules for Florida Department of Environmental Protection (FDEP) relating to air pollution, water quality, and waste management.

Florida’s Human Health Criteria

Continue Reading Environmental Regulation Commission Approves New Human Health Criteria Rules

8293998585_d02b699ef7_q.jpgReader demand brings you this update. Since our last update much has taken place. The design phase of the Colonial/Lee Boulevard to Shawnee Road segment is scheduled (estimated) to be completed in one year—July 2017. The project schedule that FDOT posted earlier this year shows that construction will begin in fall 2017 and that construction on this segment should be completed in roughly 2020.

If you really want a deep dive into the State Road 82 widening project, see the entire Project Development and Environment Study here. The News-Press provided a summary in March 2016.

If you have any questions about eminent domain, please see my post of March 22, 2016, or feel free to contact me directly at carlos.kelly@henlaw.com.