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Smooth Transitions: HOA Turnover Tips for Florida Developers

Developers who create residential subdivisions in Florida are typically obligated to form a homeowners’ association (HOA) to govern the community. Mandated by permitting authorities like counties, cities, and water management...more

Avoiding Common Problems Caused by Notices of Commencement

In Florida, a Notice of Commencement (NOC) must be recorded in the public records of the county where construction of certain property improvements occurs. This document serves two key functions....more

Protect Your Property: Register for Florida’s Title Fraud Alert Service

Title fraud in Florida has increased significantly in recent years. This type of fraud typically involves a person forging a deed to transfer someone else’s real property to a shell company formed by the fraudster. The...more

New Florida Law Will Improve Remedies for Owners to Remove Squatters from Homes

Florida has attracted a lot of investors buying homes to rent out, as well as persons buying vacation or second homes. Additionally, some owners downsize or upsize their homes, keeping and renting out their old home after...more

Real Estate Tax Considerations for Landlords and Tenants

It is customary for landlords to require their tenants to pay real estate taxes attributable to the landlord’s property being leased, along with other common area expenses like maintenance, insurance and the like. When there...more

Property Owner Considerations Around Electric Vehicle Bans

The Canadian Broadcasting Corp. recently reported that Oberon Development Corp., a Toronto property management company and apartment project owner, banned the use and storage on its properties of electric vehicles like cars,...more

Protect Yourself Against Tenant Construction Liens in Florida

If you are a commercial landlord in Florida, you may inadvertently be subjecting your land and building to liens by contractors who perform work for your tenants. With the recent economic downturn, many commercial buildings...more

Hurricane Idalia: Take a Hard Look at the Force Majeure Clauses and Your Business Risks

With Hurricane Idalia about to cross Florida, people are naturally focused on preparations and the potential adverse impacts that it will have. For businesses, that should include analysis of contractual obligations that...more

Understanding the Impact of Florida’s New Concealed Weapons Laws on Leasing

Effective July 1, 2023, the Florida statutes were revised to allow people to carry concealed weapons without a permit. However, permits are still available for those interested, and qualified persons may obtain them from the...more

How To Avoid Flopping When Flipping Fla. Real Estate

In an economy where land prices are rising, it is not unusual for a buyer who has a property under contract to consider flipping all or part of the property to another purchaser for a profit. If a contract gives the buyer a...more

A Few Things to Know About FedNow and Digital Currency

The Federal Reserve is set to launch its FedNow service on July 1, 2023. Since this service was first announced in 2019, it has generated significant discussion about financial privacy, digital banking and central bank...more

Build-to-Rent Housing Attracting Both Developers and Renters

In the current housing market, the cost of home ownership is still relatively high even though in many areas home prices have begun moderating. As interest rates rise, fewer people will be able to afford to buy a home,...more

Six Tips for Lenders Foreclosing a Shopping Center

Foreclosing on a mall or shopping center presents unique issues for a lender. Failing to anticipate these issues could cause problems, such as a lengthier foreclosure process or a lower resale value after the foreclosure....more

Drone Use by Commercial Building Owners

Owners and buyers of commercial buildings are increasingly using drones also known as unmanned aircraft systems (UAS), to inspect roofs and other exterior elements of buildings. In addition to making it easier to access the...more

Hurricane Ian: Take a Hard Look at the Force Majeure Clauses and Your Business Risks

With Hurricane Ian crossing Florida, people are naturally focused on preparations and the potential adverse impacts that it will have. For businesses, that should include analysis of contractual obligations that could be...more

Basic Elements of Letters of Intent

Letters of intent (LOIs) are used to summarize the material terms of a proposed transaction, typically involving the leasing or sale of real property. Sometimes called term sheets, letters of interest or deal sheets, LOIs are...more

Purchase Money Financing: Not Just for Homeowners

In recent years, many property owners have refinanced their mortgages to take advantage of low interest rates. When interest rates rise, buyers may prefer to assume a seller’s existing loan since new loans have higher...more

A Primer on Florida Alcoholic Beverage Licenses

If you are buying or financing properties with businesses selling alcoholic beverages, Florida’s regulatory requirements may seem daunting. To successfully navigate the complexities of Florida alcoholic beverage licensing, a...more

Developers: Be Wary of Utility Company Easement Forms (UPDATED)

A utility company that provides service to an owner’s property usually requests the owner to sign a standard form of easement. The form of easement allows the utility company to enter onto the owner’s property to install and...more

Local Regulations and the Subdivision of Property

Land in Florida continues to be rapidly developed due to the economic growth still taking place in the state. The housing market currently remains strong, and new residential developments (both apartments and single-family...more

Exclusive Use Clauses in Shopping Center Leases

Exclusive use clauses are not uncommon in shopping center leases. Tenants often request these clauses to prevent the landlord from renting space to other tenants who are competitors. Ideally, a shopping center includes a...more

Mineral Reservations and Real Property in Florida

It is not unusual to find mineral reservations in the chain of title to real properties located in Florida. When the State of Florida first conveyed title to state owned lands, it was customary for the state to reserve an...more

4 Tips to Protect Yourself Against Wire Fraud in Leasing

Wire fraud can result in significant loss, and it is permeating all types of transactions, including leasing. With tenants more frequently wiring funds to pay for security deposits and rents, it is important to take...more

Cattle Grazing Leases: Key Considerations for Real Estate Developers

Real estate developers in Florida are buying and improving rural land at a record pace. In many cases, this land has been devoted to purposes which resulted in the land being categorized as agricultural for real estate tax...more

Outdoor Advertising: How Billboard Landlords Can Protect Their Property and Their Profits

Billboards are ubiquitous in the landscape along major Florida thoroughfares, at times seemingly blending into their surroundings. They dot (some would say mar) the landscape on farms and ranches along interstates and on...more

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