Real Estate Law Articles

Let's examine the complete process from preparation to filing Of the three major deed forms in real estate, the quit claim deed is the most precarious. Such a deed could mean everything or nothing depending on the validity of a seller's ownership claim. Quitclaim deeds do speed up the transfer pr...

You're going to be subject to certain rules and regulations. They're not meant to prevent you from enjoying your home and property, but they might restrict certain freedoms you might want to keep – such as the right to own a large breed dog. That's something you'll want to know beforehand. What, ...

Florida real estate law includes doc stamps — here's what that means Doc stamps are taxes. In Florida, these taxes are most commonly levied on real estate transfer documents, mortgages, and other promissory notes. Responsibility for this tax varies by district. In Florida, all parties are legally...

The Florida Real Estate Commission was created to make sure that real estate professionals and the public work together. You know what they say about assuming things – so, first things first. We did pose the question about Frick and Frack, and maybe you don't know about them, either. So, let's st...

It's Florida's legal remedy for joint property owners who can't agree on property management, or whether it should be sold. Real estate has always been a relatively safe investment, which is why a group of friends, family members, or even business partners will join to make a purchase. Sometimes,...

In Florida, it's illegal for landlords to lock out tenants, displace their possessions, turn off their utilities, or engage in other hands-on eviction measures. Florida law has been criticized for heavily favoring the tenant. Regardless, the law that's on the books today is the law. Landlords who...

You can't manage what you don't measure. The process of measuring and managing is easy if you do it with key performance indicators. “Good grief! We're a community association, not a Fortune 500 Company.” It's what you might be thinking after you bumped into this article. But, since you're here a...

5 things you didn't know about Florida's confusing referral fee law According to Florida statute Section 475.25(1)(h), if you're not a licensed real estate broker, broker associate, or sales associate—it's illegal, in Florida, for any such entities to share, or grant you a commission, fee, or any...

What we don't know, or what we assume, often determines how we approach new places or responsibilities. Where are the cowboys? A visit to Austin, the state capital of Texas, can be confusing to those who think the Lone Star State is all about Stetson hats and pointy-toed boots. You might find a c...

Businesses use vision and mission statements to create a clear understanding of what to focus on to reach their end goal. An association is a business, too. Associations need to view themselves as a business. There's not much difference between your association and a corporation, other than that ...

It's a group effort, so everybody has to feel empowered to be a part of the decision-making process. It doesn't seem to make much sense. Enterprise companies with deep pockets spare no expense to hire a group of experts to solve an obstacle holding the company back from growth. These experts dist...

An association for associations – the mark of a savvy Florida Community Association Manager. Even though it's not our first time winning the Florida Community Association Journal's Readers' Choice Award, it's still a tremendous honor. This year there were over 342 nominations, and nearly 6,000 vo...

Why Florida community associations should consider hiring a Community Association Manager. What good is an outsider when your board is composed of community residents with a clear, deep seated, investment in their neighborhood? Since it's likely few or none of your board members are experts in as...

Tenants can withhold rent until certain repairs are made – as long as it's done properly. The roof in your apartment is leaking, and your landlord is dragging his feet on making repairs. Can you withhold the rent money until he does? Florida tenants have a legal right to live in rental properties...

How to use KPIs for community associations. There's a lot to be said for taking measurements – without them, the world exists in a fuzzy haze of probabilities. While KPIs, or “key performance indicators” aren't crystal balls, when properly implemented, they help companies and community associatio...

HOALeader.com is an excellent resource for HOA and condo board members nationwide. Our own Jane Bolin is always pleased to share her expertise with their team. Some recent articles are shared below. The Facts on What HOA/Condo Board Presidents Can and Can't Do Setting the Record Straight on Condo...

How to use Facebook to connect your community association. In a digital age where people are more likely to connect online than in person, it's completely possible to live in a community and never see your neighbors. Many community associations are turning to Facebook to strengthen community ties...

Find out why, but understand that that the apartment complex doesn't have to furnish you with a specific reason. You've done the math. You can afford the rent and related expenses. So, you fill out the apartment complex rental application and start packing. But, then you're informed that your app...

What causes otherwise polite people to lose their cool in community associations. A rather unfortunate product of today's news media fed culture is that – from talk radio hosts, to the nightly news – emotions in conflicts are held in higher regard than truth. There can be beauty in dissonance, bu...

You have two safe choices. Talk about difficult. There are so many decisions to make when you elect to have a new home built. Each homebuilder approaches the process a little bit differently, so it's not like you can turn it into an easy process. But, before you even start on all the details to d...

Your association board should be delegating to the Community Association Manager, not trying to do it all themselves. Ideally your community association board is responsible for the strategic initiatives and rules for the community, and the CAM (Community Association Manager) has the tactical res...

Community associations are corporations (nonprofit, usually), so you should adopt practices successful corporations follow. Smart advice, right? But what does that mean when it comes to your day-to-day operations? Jane Bolin, Esq., founder and chief marketing officer of PeytonBolin, explores this...

You'll have to prove 7 years of trespassing without getting caught, for starters. Adverse possession. Ever heard of it? It's a law on the books in Florida. Depending on how you look at it, adverse possession is either a justified transfer of land to someone who will put a piece of property to a m...

Using the power of social media to unite and organize communities Communities are like minds – the more connections, and the greater the flow of information, the better they function. The Internet, and more specifically, social media, is an excellent way to facilitate community building. Simply p...

In Florida, it's not considered trespassing to retrieve your golf ball from a private yard. Thanks to the Internet and social media, you've no doubt heard some of the collection of strange laws to be found in states across the country. We could start with the first letter of the alphabet and poin...