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Michael is an Associate in the firm’s Real Estate division. He handles real estate matters, including homeowners’ and condominium association governing documents, commercial and residential sales and leases, development, and survey matters. Michael is admitted to practice in all Florida state courts.

While in law school, Michael joined the UF Environmental Moot Court Team and the Pi Delta Phi International Legal Honor Society. He also was enrolled in the Land Use and Environmental Law Certificate program, was a member of the Environmental and Land Use Law Society, a member of the John Marshall Bar Association, and served as Finance Chair of the 2015 annual Public Interest Environmental Conference.

Michael received book awards in Local Government Law and Finance, International Environmental Law, and the Environmental Law Capstone Colloquium. He made Dean’s list all six semesters and graduated with an Environmental and Land Use Law Certificate.

Michael graduated from Bishop Verot High School in 2008 and currently resides in his hometown of Cape Coral. When not working, he enjoys cross-training, reading, and relaxing outdoors.

An interesting ruling came down this week in an Airbnb case stemming from tenants illegally offering apartments for short-term rentals in violation of their lease agreements in South Florida.

Background

Bay Parc Plaza Apartments filed suit in 2017 against Airbnb with multiple claims of trespass, tortious interference with a contract, and violations of the Florida Deceptive and Unfair Trade Practices Act.

Airbnb attempted to have the case dismissed based on protections under the Communications Decency Act (CDA). Because the CDA protects operators of internet services from liability for content posted from third parties who use their services, Airbnb argued that short-term rental listings on their website posted by tenants within an apartment building qualified as third party content and Airbnb, therefore, is immune to suit for that content under the CDA.

Ruling


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Florida law currently caps taxes assessed on commercial and rental property, but that may end come January 1, 2019.

You might be thinking “why do I care because I rent my home or apartment and don’t own either commercial or rental property?” Consider this: if your landlord has to pay higher taxes, guess whose rent

florida-1624651_640Have you ever wondered whether renting out your property using VRBO qualifies as a commercial use as opposed to a residential use? You’re not alone.

On one hand, earning income from rent, advertising for new tenants, managing and scheduling those tenants, and maintaining the property to comply with the regulations required to frequently rent out your property for short periods certainly sounds like a business.

On the other hand, it’s your residence, and the people paying you to stay in it are only using it to eat, sleep, and do other ordinary acts incident to living. They aren’t using your place to produce income for themselves.

While both sides seem to have a reasonable argument, a recent Florida appellate court decided that renting a home to someone who uses the home “for ordinary living purposes such as sleeping and eating” qualified as a residential use under that particular association’s governing documents. See, Santa Monica Beach Property Owners Association v. Acord, (Fla. App., 2017).

What is the Legal Scoop?


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Mortgage contractI find myself frequently having conversations with potential clients asking why they shouldn’t use a title company to handle the closing of their new home. Why spend more money to hire an attorney when a title company can close the deal for less? Excellent question.

Sure, a title company can create the documents necessary to close the deal. They can also generally guide the parties on some issues that might come up, such as what additional requirements must be met when the seller is considered a “foreign person” under FIRPTA.


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hacker-1944688_1280 - CopyThe news these days is rife with stories about hacking, leaks, and stolen confidential information, and no one seems to be immune to the threat, as demonstrated by the recent reports of hackings perpetrated on Donald Trump and Hillary Clinton.

While those examples may seem far from home for most of us, there are stories throughout the country of hackers stealing the money people are intending to use to purchase their homes.

The ploy hackers often use is to hack someone’s email, which allows them to intercept wire instructions. They then modify the wire instructions in transit so that the money is eventually wired to the hacker’s account.

So how do you minimize the chance of losing the money you saved to buy your dream house?


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Denny Grimes
Denny Grimes

As a Southwest Florida business professional, your business likely ebbs and flows with the local real estate market. When demand is freely flowing, business flourishes and you can concentrate your focus on accomplishing what is in front of you. However, when it ebbs, businesses often need to consider whether