On February 6, 2025, Rules 73C-61.001-.007, F.A.C. (“PRC Rules”), go into effect for implementing Section 692.204, Florida Statutes—the law restricting the purchase of real property by certain persons or entities from...more
As we approach the end of 2024, several legal and economic developments are coming to a head for condominiums. From a key statutory deadline and long-awaited court rulings to an imploding market for older condominium units,...more
On February 1, 2024, the United States Court of Appeals for the Eleventh Circuit partially granted the plaintiffs/appellants’ motion for an injunction pending appeal in Shen v. Simpson, No. 4:23-cv-208-AW-MAF (N.D. Fla....more
2/6/2024
/ Buyers ,
Commercial Real Estate Contracts ,
Equal Protection ,
Florida ,
Foreign Acquisitions ,
Foreign Investment ,
Preemption ,
Preliminary Injunctions ,
Property Ownership ,
Real Estate Investments ,
Real Estate Transactions ,
Residential Real Estate Contracts
The Florida Real Estate Commission’s form buyer’s affidavits for conveyances to foreign entities are finally available and go into effect on January 17, 2024. This should provide some relief for practitioners and title...more
SB 264 (Chapter No. 2023-33, Laws of Florida) - which restricts some individuals and entities associated with China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria from owning certain real property in Florida - has...more
On September 20, 2023, the Florida Department of Commerce (“DOC”) (formerly known as the Florida Department of Economic Opportunity) released its initial set of proposed Rules for implementing SB 264 (Chapter No. 2023-33,...more
9/26/2023
/ Buyers ,
Critical Infrastructure Sectors ,
Florida ,
Foreign Investment ,
Foreign Policy ,
Institutional Investors ,
Property Ownership ,
Proposed Rules ,
Real Estate Investments ,
Real Estate Transactions ,
Sellers
On August 17, 2023, Judge Allen Winsor of the U.S. District Court of the Northern District of Florida denied the Plaintiffs’ motion for temporary injunction in Shen v. Simpson, Case No. 4:23-cv-208-AW-MAF, the pending...more
8/23/2023
/ Critical Infrastructure Sectors ,
Equal Protection ,
Fair Housing Act (FHA) ,
Florida ,
Foreign Investment ,
Institutional Investors ,
National Origin Discrimination ,
National Security ,
Property Ownership ,
Qualified Institutional Buyers ,
Real Estate Investments ,
Real Estate Transactions
Lawsuit Against Florida Law Restricting Certain Foreign Ownership of Real Property Set for Hearing This Week, DOJ Supports but 12 States Oppose -
On July 1, 2023, SB 264 (Chapter No. 2023-33, Laws of Florida) took effect....more
7/17/2023
/ Amicus Briefs ,
Beneficial Owner ,
Department of Justice (DOJ) ,
Due Process ,
Equal Protection ,
Fair Housing Act (FHA) ,
Foreign Ownership ,
National Security ,
Real Estate Investments ,
Real Estate Market ,
Real Estate Transactions ,
Regulatory Requirements
Contributing Factors to Condo Terminations - A Blog Series -
On June 9, 2023, Governor DeSantis signed Senate Bill 154 (“SB 154”) into law. This was the highly anticipated “glitch bill” to address technical issues with...more
Hotel condominiums are created by combining hotel facilities and condominium units into a single project. They can exist as standalone buildings or part of larger vertical subdivisions. Either way, the hotel rooms are sold as...more
Florida law requires every condominium’s annual budget to include both operating expenses and reserves for capital expenditures and deferred maintenance. Operating expenses are those incurred during the day-to-day operations...more
11/16/2022
/ Building Standards ,
Capital Expenditures ,
Capital Requirements ,
Condominium Act ,
Condominium Associations ,
Condominium Rules ,
Condominiums ,
Fixed Operating Expenses ,
Florida ,
Safety Inspections ,
Safety Standards
For five months now, Florida condominiums with buildings that are three stories or higher have been on notice of F.S. §553.899, a new statute adopted within Senate Bill 4-D (“S.B. 4-D”) that requires periodic milestone...more
On June 24, 2021, we witnessed one of the most disturbing events in recent memory. A residential condominium building in Surfside partially collapsed overnight leaving 98 people dead and the surviving residents without a...more
10/19/2022
/ Accident Scene ,
Condominium Act ,
Condominiums ,
Construction Defects ,
Florida ,
Infrastructure ,
Proposed Legislation ,
Real Estate Development ,
Real Estate Market ,
Regulatory Agenda ,
Safety Inspections ,
Safety Standards
On May 26, 2022 — nearly a year after the partial collapse of Champlain Towers South—Florida enacted new legislation to address safety concerns for condominiums and cooperative buildings with the passage of Senate Bill 4-D....more