Selling or buying a home within an association may not be as simple as buyer offers and seller accepts.
In Florida, condominium and homeowners’ associations may require potential buyers to submit an application to the association before allowing the buyer to close on the property. A buyer’s failure to timely submit an application to a…
Community associations which have rental restrictions and policies that require association approval of prospective tenants should be cognizant of a new law that will go into effect this summer. Many association policies in this regard afford the association a fairly lengthy period of time, sometimes up to thirty days, to complete review and processing of…
Gated community associations are perceived as being safer communities, which attracts homeowners who are willing to pay a premium to feel safer in their homes. However, sometimes the expectation of having a high degree of security can backfire when a crime occurs within the gates.
We have seen an uptick in negligent security cases. Criminals will be criminals, and they find ways to exploit gaps in security measures. Homeowners who have taken their security for granted because of the gate and walls may be lax in taking personal precautions to protect themselves– leaving doors unlocked, not turning on security alarms, not being as vigilant when outside at night. Such oversight may result in the homeowner becoming a victim of a crime. Looking for deep pockets, the homeowner victims in some cases have sued their association for not having provided the security the homeowner claims they expect and have been guaranteed.Continue Reading Gated Communities: How Associations Can Reduce Liability for Neighborhood Crimes
While enjoying themselves on their balcony, condominium unit owners have been consistently molested by clouds of cigarette smoke emanating from their neighbor’s balcony. They want to know what the Association can do to help.
The answer depends on what is in the declaration of condominium.
Assuming the declaration doesn’t include a restriction against smoking on…
On March 11, 2016, this year’s Legislative Session came to a conclusion. From a land use perspective, Florida’s CS/CS/HB 1361 (the “Bill”) proposes several important amendments. The Bill was approved by the Governor on Friday, March 25, 2016 and will become effective on July 1, 2016. A copy can be viewed here.
What You Need to KnowContinue Reading Governor Scott Signs HB 1361 into Law
On March 8, 2016, the Real Estate Investment Society of Southwest Florida (“REIS”) held its monthly luncheon with keynote speaker Cape Coral Mayor Marni Sawicki providing an insight as to her vision for the future of Cape Coral.
What Lies Ahead?
Mayor Sawicki emphasized the message that Cape Coral should no longer be considered “Cape…
First, as a follow up to a previous blog post regarding the Governor’s recent Executive Orders for the Zika virus and Heavy Rainfall, there are two important corrections.
Only a “State of Emergency” may be used to extend permits under Section 252.363, Florida Statutes. There is no corresponding right under a “Public Health Emergency.” Therefore, no extension of permits will be issued in connection with the “Public Health Emergency” declared in connection with the Zika Virus.
On February 18, 2016, the same day that the Heavy Rainfall SOE was set to expire, the Governor issued Executive Order 16-43 extending the declaration made in Executive Order 16-30 an additional fifteen (15) days.Continue Reading Updates on Executive Orders for Heavy Rainfall, Zika Virus and Governor Declares a New State of Emergency (“SOE”) for Lake Okeechobee Discharges
Tuesday night’s sold out Market Watch 2016 event was held at the Harborside Event Center with over 1,100 attendees and featured presentations from real estate experts Randy Thibaut, Denny Grimes, and Stan Stouder.
Mr. Thibaut announced a 44% increase over the last year in building permits for Lee, Collier, and Charlotte Counties. Importantly, he reminded attendees that a large portion of the permits were apartment and assisted living units, which have been “white hot” in Southwest Florida lately. In fact, the Lee County apartment market is one of the best in the nation and has increased eight fold from 2014 to 2016, according to Mr. Stouder’s statistics.
Increase in Multi-Family Housing Continue Reading Market Watch 2016: “Tapping the Brakes on the Real Estate Market” in Southwest Florida
Updated: March 2, 2016
In 2011, Florida enacted section 252.363, Florida Statutes, a law which grants certain permits and authorizations an extension for the amount of time a declared state of emergency was in effect, plus an additional six (6) months.
To qualify for the extension, a written notification of intent must be submitted to the agency that authorized the permit within ninety (90) days of the termination of the emergency declaration.
Continue Reading Heavy Rainfall Provides New Opportunity for Permit Extensions in Southwest Florida
The Florida Marketable Record Title Act (“MRTA”) was enacted in 1963 to simplify conveyances of real property and provide greater certainty to landowners. Generally, MRTA provides that any person holding any recorded estate or interest in land for 30 years or more has title to the land, free and clear of most claims or encumbrances. By eliminating many old and stale title claims, MRTA makes examining title to real property less labor intensive. An important effect of MRTA is that covenants and restrictions may be extinguished 30 years after their creation.
Restrictive Covenants Imposed by Governmental Zoning Approvals Are Not Subject to MRTA
Recently, in Save Calusa Trust v. St. Andrews Holdings, Ltd., et al., Nos. 3D14-2682 & 3D14-2690 (Fla. 3d DCA Jan. 13, 2016), the Third District addressed whether a restrictive covenant that is recorded in compliance with a government-imposed land use approval is a title interest subject to extinguishment by MRTA. The developer in that case sought both a rezoning and an “unusual use” approval in 1967 to create a new golf course development in Miami-Dade County. In a resolution approving the developer’s “unusual use” application, the County’s Zoning Appeals Board imposed a restrictive covenant requiring the property to be perpetually maintained as a golf course. Thereafter, the restrictive covenant was recorded in 1968, and the developer subsequently sold the property. In 2012, after acquiring the subject property and realizing that the golf course was no longer profitable, the subsequent developer/owner filed an action in circuit court to declare the restrictive covenant void, arguing it had been extinguished under MRTA. The Third District disagreed and held that because the restrictive covenant had been imposed through the governmental zoning reclassification approval process, the covenant did not fall within the purview of MRTA’s extinguishing effect.
Impact of Proposed MRTA AmendmentsContinue Reading How the Save Calusa Trust Case and Proposed Legislation Impacts Florida Property Owners and HOAs
