Follow the Statutes or HOA Fines are Waived
One of the primary methods of bringing homeowners into compliance with neighborhood statutes is by fining homeowners for violating the community’s covenants. Florida Statutes are very clear on how an association can levy fines against a homeowner, which include limits on the number of fines. The statutes also allow for attorney fees to be charged in the collection process. You could even have a lien placed on your house by the association, creating thousands of dollars of costs to homeowners. Here is
Be Very Careful in Responding to Criticism from Condo Owners
Anyone in association management or volunteers on the board fully understands what it means to deal with “that owner.” They are generally the critics on the sideline, someone who finds fault in anything you do – and works hard to make your life miserable. Too often in condominium associations, the response is to take a closer look for violations, be stricter on late payments and take small, retaliatory actions against the owner. Take the case of the Applegate Condos in South Florida, where the unit
New Training Requirements for HOA Board Members
For years, it was relatively simple to become a board member of your homeowners’ association. In most cases, you raised your hand, went through an election and you served your community. There was often no competition because serving on an association board is a significant time commitment. Rarely does an association board member join with years of experience managing associations. These are volunteer positions held by all types of people from all walks of life. For training, the state required board
New Procedures for Violation Notices
Perhaps there is no greater animosity between a homeowner and a community’s association than fines imposed for violating the community’s covenants. When a homeowner does not edge the grass, pressure wash the driveway, or bring up a garbage can quickly, many homeowners’ associations are quick to threaten and impose a fine. From the homeowner’s perspective, this often seems like an overreach for what they consider a trivial matter, but the homeowner usually is quick to take care of the situation. But in
Round-up for Rescue Outreach Mission Ends on June 30!
This is your last call to help Rescue Outreach Mission by dining at any one of the Talk of the Town restaurants. For the next 10 days, dine at any Charley's Steak House, FishBones, Texas Cattle Company or Vito's Chop House and round up your check to support Rescue Outreach Mission. And you get up to $50 to use on your next visit to any one of the restaurants for donating to Rescue Outreach Mission at the restaurant. Don't wait. Email ROMVIP@tottrg.com for a Platinum VIP Reservation
Small Changes Can Have Big Repercussions
Throughout HB 1203, which goes into effect on July 1, several very small changes could have large implications on how any association governs itself and its community. Of course, most association management companies and law firms should be able to guide board members on these small changes – like the attorneys at The Orlando Law Group can. Still, it is important associations and their volunteer members understand these small changes, which include things like kickbacks, compound interest, handling
Denying Records May End With You In Jail
With the governor signing HB 1203, all homeowners’ associations must review their process for providing the community public records homeowners are entitled to receive. Not doing so – and not clearly understanding the new law – could give board members criminal records, including the possibility of a third-degree felony. To be clear, those new criminal penalties are tied to a willful and intentional effort to harm the association or resident, but it’s best to follow the law in all cases and not leave a
Round Up to Support Rescue Outreach Mission
How would you like a $50 gift card to any of the Talk of the Town restaurants in Florida? During the month of June, dine at any Charley's Steak House, FishBones, Texas Cattle Company or Vito's Chop House and round up your check to support Rescue Outreach Mission. While visiting the restaurants, you will have the opportunity to scan a QR code to donate and receive up to $50 on your next visit to any Talk of the Town Restaurant. Not only do you get a gift card, but you'll also be helping Rescue
Your Work Vehicle Can Now Be Parked in Your Driveway
One of the most contentious aspects of managing a community has been over cars and trucks parked out front of a home wrapped with a company’s logo and marketing. In many homeowners’ association documents, these types of vehicles have not been permitted. The thought was that most homeowners did not want what could be construed as a billboard facing their home every night. Of course, this put tremendous hardship on many homeowners. After all, they have spent hundreds of thousands of dollars on their
The HOA Can’t Prevent a Permanent Generator or Fuel Tank Now.
Have you seen the news about this year’s hurricane season? Nearly all of the hurricane forecasts are predicting a very active season, one that could set records. Of course, it only takes one to hit your house to cause significant issues. Anyone who lived in Florida in 2004 knows how disruptive an active hurricane season can be, even if you are miles from the coast. Over the past few years, we’ve seen a tremendous amount of damage from hurricanes large and small and in areas across the state. As such,
You Don't Want to Miss This Dinner!
Isn't it time you showed your best client how much you appreciate your business? When was the last time you took your other half to a great evening? Wouldn't your friends truly appreciate a night out with an exclusive four-course meal and wine tasting? There are dozens of reasons why you should join Rescue Outreach Mission and Talk of the Town Restaurant Group Foundation on June 6 - these are just a few. The most important reason, however, is that you will be helping your neighbors. Neighbors like Anita
All the Insurance Lies Coming After a Claim
All too often, people trust their insurance company. After all, for years, you have been making a large monthly payment to a “trusted” name in insurance with no issues or claims. You assume that when you need them, they will be there to help you and make your life normal. When you need to make a claim, you call the insurance company. They are friendly. They ask if you are injured. They ask to record your conversation – just for record keeping. They assure you everything will be alright. Did you spot the
The damage is done. Now what?
When you go to Fort Myers Beach, the scars of Hurricane Ian are unmistakable. Lots are abandoned, hotels are missing walls and the few houses there, look brand new. Hurricane Ian hit Fort Myers and Sanibel Island in 2022, yet many buildings and homes are still abandoned waiting on repairs. There is often a lack of workers who can provide the construction services needed for repairs. But, too often, it is because the insurance company is slow to process claims, or the amount of the claim is in
Next Month, Talk of the Town’s Restaurants Support Rescue Outreach Mission
Throughout June, Talk of the Town Restaurant Group Foundation has chosen Rescue Outreach Mission as their charity of choice to bring awareness and funding to Seminole County’s only low-barrier homeless shelter. Included in the festivities will be a very special event on June 6, a private dining event at FishBones in Lake Mary. That night, guests will be treated to a very special four-course dining experience along with a unique wine tasting, unlike anything you’ll find anywhere else. Then, at all Talk of
Hurricane Season is Here. Are You Ready For Insurance Claims?
Over the past few years, the Florida Legislature has made significant changes to property insurance rules, often impacting how you can fight your insurance company. The goal of these rules was to stop the massive increases in property insurance we all have seen recently. It is still up to debate as to whether these new rules will have the desired effect, but what it certainly does is reinforce that you need to be prepared in advance for any claims you might have related to hurricanes. It is more
Are Impact Fees Going Away?
One of the key mechanisms governments use to finance their road improvements, their sewer maintenance and new schools is through impact fees. Every time someone approaches the local government to build a new building, they pay an impact fee, designed to cover the increased costs created by the new building. This month, however, the United States Supreme Court developed two rules key to impact fees that must apply to all impact fees to avoid tripping the Fifth Amendment of the U.S. Constitution. Those
Poof! Just Like That, Non-competes are Gone!
For nearly one in five workers in the United States, leaving their job just became a lot easier as the Federal Trade Commission issued its final rule banning all non-compete contracts. This means that by the end of the summer, nearly all employees who are subject to a non-compete contract right now will be free to work wherever they want, even in competing firms they were barred from. According to their release, the FTC estimates this “will lead to new business formation growing by 2.7% per year,
Communicate with your community before it is too late
Almost every day, some sort of dispute between an association board and its community makes the news somewhere in the United States. Just recently, at a 55+ community in South Florida, news reports said hundreds of residents protested at a board meeting because the association board needed to raise its dues to pay for increased insurance costs. The increase was $100-$200, but it was enough to activate the community. That story made international news as police were brought out to control the crowd.
Follow the Law When it Comes to Public Records
Recently, a South Florida condominium association lost another court case in a long-running battle to keep its financial records from being inspected by a resident and her attorney. Frankly, this is a case that should have never been filed as state law is clear. Nearly all records of a condominium or homeowner’s association are public records for residents of the association. It’s been in state law for more than a decade. But in this case, it appears the leadership of the Boca View Condominium
Work to Get a Personal Guarantee When Leasing Commercial Space
Late last year, Boston Market suddenly closed more than 300 locations across the country, including several in Central Florida. Today, there are “for lease” signs in front of many of their still vacant locations. For the owners of the buildings, this can be very difficult as many of the sites are owned by investors and family trusts. In today’s marketplace, finding new tenants for commercial space designed and built for a specific client can be very difficult. And recouping lost rent will be extremely
You Still Need to File Your BOI in 2024
Last year, The Orlando Law Group shared the need for your business to file your Beneficial Ownership Information with the federal government this year. It is part of the Corporate Transparency Act that was passed in 2020 but just became effective on January 1. As you might have seen, earlier this month, a federal court in Alabama declared the government overreached its constitutional authority by requesting this information. While we are monitoring the court battles, at this time we are still
With Court Settlement, Look to an Attorney for Buyers Representation
Several months ago, we wrote about the potential impact of the lawsuit against the National Association of REALTORS. At that time, the federal court in Missouri ruled the organization and most real estate brokerages violated the Sherman Anti-trust Act. At that time, we cautioned that a final ruling was still a long way from concluding with appeals and other court mechanisms. However, as has been widely reported, the case was settled last week with national implications for the real estate industry. As
Prepare for Any Possible Defense When Evicting Commercial Clients
A year ago, one of West Palm Beach’s most iconic restaurants closed after its landlord evicted the owners of the 80-year-old restaurant. Of course, the owners of Ta-Boo did not walk away from the Lake Worth location quietly. For instance, the restaurant owner filed a motion to dismiss because the landlord had missed a deadline to file a response in the case. While Ta-Boo was unsuccessful, it’s just indicative that business owners will do what they can to remain open if they see a future for their
The Terms of the Lease are Essential in Commercial Evictions
There is an interesting case of a commercial eviction brewing in South Florida that showcases how important it is to clearly understand the provisions in your lease. In November, a family-owned bakery sued its landlord, a national company that purchased the property recently, claiming its landlord had fraudulently evicted the company and effectively shut down the business. It comes from the developer’s desire to renovate the property. In this case, the landlord had an engineering report performed on the
3 Ways to Have an Amicable Divorce
Divorce is not the most pleasant experience. It represents an end to something that was once, presumably happy, and the process can lead to hurt feelings. When there are children involved, they may feel isolated and confused. There is often times heartbreak and there may be a lot of pain, but going through a divorce doesn’t need to be a battle or leave both parties feeling frustrated and overwhelmed. There are three divorce options in the State of Florida that are designed to make getting a divorce
Top 5 Signs That You Should Consider Divorce
Ultimately, the first step in the process is to make the decision that you want to obtain a divorce. Getting a divorce can be one of the most difficult experiences in someone’s life, and as such the decision to obtain a divorce should not be taken lightly. Know that after obtaining a divorce, your life is likely to change significantly, from the amount of financial support you have received to the time that you spend with your children. When considering your options during this difficult decision, it may
How Does Contempt Work in Family Cases?
If you watch any court show, you’ve surely heard the word “contempt” tossed around. But do you know what it means? Contempt of Court is a provision that allows a judge to deincentivize and even punish individuals who are hindering the administration of justice. In cases of family law, contempt is particularly relevant. Often times, ex-spouses will violate or ignore court mandates such as child support payments, alimony, or visitation time due to spite against their former spouse. When such a situation
How Do Courts Calculate Time Sharing in Divorce Child Custody
Divorce can be an overwhelming process, especially if a parent does not understand the reasoning and methodology behind the court’s decisions. One decision that many parents must deal with for years to come is the courts’ decision on a child’s timesharing or custody arrangement. When the amount of time you spend with your child is at issue, it often helps to understand the rules that the court must abide by when constructing a time-sharing schedule. In Florida, courts adhere to Florida Statute 61.13,
Worried About EIDL Loan Payments? Let Us Help
Now that we are a couple of years past the closings and widespread quarantines of the COVID-19 pandemic, businesses across the country are starring down high loan payments to the federal government. The Small Business Administration loans helped keep many businesses alive when their revenues disappeared overnight. Today, they have become albatrosses to many organizations. Some of the loans, particularly the Paycheck Protection Program loans, were forgiven. But if you are tasked with paying back hundreds
Relief May be Coming for Your Student Loans
For the past couple of years, student loans have been in the political hot seat. The Biden Administration and many consumer rights advocates have long said student loans were a significant burden for individuals looking to move up the economic ladder. But for many people, providing relief for student loans was a giveaway to people who signed contracts and had obligations to repay the loan. But, unlike just about any other debt, there was no ability to discharge most student loans through the process of
What to Avoid Before Filing for Bankruptcy
If you are considering filing bankruptcy, there are a few transactions you should avoid so you do not have any complications with receiving your discharge. Credit cards and cash advances: You should stop using credit cards if you know you are not going to pay them off. When you decide to file for bankruptcy, do not continue to use credit cards and do not take any cash advances. For example, if you decide that you are going to file for bankruptcy and within 90 days before filing you use your credit cards
Bankruptcy Might Not Be as Difficult as You Think
By definition, bankruptcies are legal and financial arrangements designed to provide a person or business with temporary relief from their debt. The bankruptcy gives the individual or company (referred to as the debtor) time and flexibility to better organize their ability to pay their debt and other financial obligations. Part of the process typically includes the creation of a plan to fulfill certain financial obligations. There are also specific situations where debts are entirely
What to do now if there’s a chance of future bankruptcy
Filing for bankruptcy is on the minds of many people right now. For some, it’s clear that the only solution available to free them from financial hardship is bankruptcy. For others, it might not be a consideration, but should it be? If you have recently lost your job or the current economic conditions are making it difficult or impossible to pay your debt, it might be advantageous to file for bankruptcy. In either case, whether you know that bankruptcy is your only option or it is just entering your
Jennifer Englert Discusses Steamboat Willie and Copyright Law on WESH 2 News
Last week, The Orlando Law Group's Jennifer Englert appeared on WESH 2 News to discuss how Steamboat Willie will become part of the 'public domain" in 2024. It's a fairly substantial example of our country's laws pertaining to copyright laws, where one of the most iconic animated characters will be available for anyone to use without the concerns of being in violation of the Walt Disney Co.'s rights. "Everyone knows that Mickey and Disney take their copyrights very seriously," Englert said in the
Scary! A Nearly $2 Billion Judgment Against the National Association of REALTORS® on Halloween
While we’re still a long way away from a final ruling, a federal court in Missouri has ruled the National Association of REALTORS® and most major residential real estate brokerages are in violation of the Sherman Anti-trust Act, one of the oldest laws ensuring a free market in the United States. The punishment? Damages of $1.79 billion. In a nutshell, the courts determined the National Association of REALTORS®, along with companies like Re/Max, Century 21, Keller Williams and more, squashed competition
Non-compete Contracts May Disappear Soon
One of the biggest issues affecting employers, contractors and employees in 2024 may be the elimination of non-compete contracts depending on the actions of the Federal Trade Commission in April. Throughout 2023, the government agency has been looking at eliminating the use of non-compete contracts by all businesses when it comes to workers and contractors. Nearly 30,000 people have weighed in on the proposed action. If passed, companies will need to ensure they have worked with employees and
The Orlando Law Group Acquires The Law Offices of Jerrod Paul P.A.
New firm bolsters the firm’s insurance claims and personal injury practice areasOrlando, Fla. (November 27, 2023) – The Orlando Law Group has grown with the acquisition of Orlando-based The Law Offices of Jerrod Paul P.A. With the deal, The Orlando Law Group grows its personal injury practice and brings an expanded focus on representing individuals and businesses in property claims against insurance companies.“With the state of Florida’s insurance market in disarray, insurance companies are doing everything
No Easy Way to Protest a Losing Proposal
No one likes to lose a big contract, but it has happened to every company providing goods and services to other businesses and governments. For contracts with private businesses, there’s very little recourse. After all, a private business can choose to do business with whomever they would like. When it comes to government contracting, however, it is a completely different story. The government is spending tax dollars – your money – and there are pages and pages of rules and regulations as to how those
What the Lease? A Guide to Renting Space for Your Business.
Every business owner remembers the pride they felt when the ribbon was cut on their new office or new location. All their friends and family, along with the local mayor and the chamber of commerce, came by to congratulate the owner on their accomplishment. Getting to that point was not always easy and getting that space was often complicated, filled with terms that are very well known to realtors and institutional investors but are not common to most people. After all, the closest thing most people have
Be Ready to File Your BOI – or Go to Jail
Next year, the federal government will be requiring businesses to increase the amount of reporting it provides. It is a new step that may catch businesses off guard as many businesses may not have even heard of the new types of disclosure. But, if you own, invest or work for a small business, be ready to file your Beneficial Ownership Information to the federal government in January. Not doing so could result in significant fines and possibly jail time. That sounds scary, right? It can be, but for
Time to Adjust Your Payroll for Tipped Employees
Recently, the Miami Herald wrote about a case against the Orlando location of Giordano’s Pizza that was brought on by the U.S. Department of Labor. The restaurant’s owners were accused of not paying their employees properly and was ordered to pay each worker $5,000, for a total fine of $125,625. For a restaurant or any business, that is a significant fine that could result in the restaurant going out of business. In that case, the Department of Labor accused the company of not paying its servers time
What is the Purpose of the Letter of Intent
You have been looking at buying a retail strip center for some time. It seems to be the perfect place to grow your real estate investments. It has a good base of long-term tenants and a lot of opportunities for out parcels that have not been developed yet. The asking price on the property is too high for your budget, but you think you can get close. You could just give the person a verbal offer, but that may not be taken seriously. Sending a letter of intent to purchase the property may be a good option
Dirty land: a great deal or a big hassle
One of the biggest stories in Central Florida in the 1990s was how the Orlando Sentinel was found to have contaminated the ground under a large swath of downtown Orlando. For decades, the company had been sending chemicals from its printing presses into drains on the floor of the plant. Those chemicals traveled from its property at Orange Avenue and Colonial Drive, almost all the way to Lake Concord. The main chemical, trichloroethylene or TCE, was extremely hazardous to people, with an extreme risk of
Astroturf Your Backyard? The New Florida Law May Not Protect You
One of the most iconic characters on television is Tool Time Tim’s neighbor Wilson. His sage advice usually guided Tim to make the right decision. While you never saw Wilson’s full face, he was always looking over the fence to talk to Tim. Imagine one day Wilson looks over the fence to see that Tim, who certainly likes to build, has decided his backyard should be covered with Astroturf and changed into a miniature golf course. While usually friendly to Tim, he certainly doesn’t like the thought of
The Orlando Law Group's Jennifer Englert Featured in BizWomen.com
Last week, bizwomen, the national publication of The Business Journals, featured an in-depth interview with Jennifer Englert, the founder of The Orlando Law Group. The article discussed a wide range of topics, but a key point was how the philosophy surrounding the founding of The Orlando Law Group is still in place today. From the article: Jennifer Englert’s moment of clarity career-wise came in an unexpected way: being passed over for partner at the law firm where she was employed at the time, even
Florida Medical Marijuana – What employers need to know.
“Marijuana” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis which are dispensed from a medical marijuana treatment center for medical use by a qualified patient.” Florida Statute § 381.986 The vote for the use of medical cannabis in Florida. In 2016 Florida citizens voted
Seminole State College of Florida’s Center for Business Development welcomes local businesses for Sm
SANFORD, Fla. (Sept. 13, 2023) – Seminole State College of Florida’s Center for Business Development is hosting a Small Business Expo for clients of the business incubator, America's Small Business Development Center Network, and Elle Collective. Over 40 small businesses will participate at the event on Sept. 19 from 3:30 - 6:30 p.m. In Building C on the Sanford/Lake Mary Campus.Guests of the expo can connect with the emerging local businesses and learn more about their products and services. The event is
How Can a Lawyer Help With My Child’s IEP?
For students with disabilities, the traditional classroom setting doesn’t always work. To address this reality, the federal government established the Individuals with Disabilities Education Act, which ensures that disabled students have access to special educational programs tailored to their needs. Students in Florida, who qualify as a child with disabilities, after review by the school or school district, under IDEA, are entitled to have an Individualized Education Program completed. The IEP is then
Individualized Education Plan (IEP) and 504 Plan Eligibility in Florida
Depending upon your child’s needs, obtaining the initial Individualized Education Plan, sometimes known as an Individualized Education Program, (IEP) may be a simple process or a little more challenging, depending on specific conditions. Regardless, the first step is to begin gathering medical records and samples of your child’s work, which may include tests, graded homework, and notes of your observations. Once you have collected the records and samples, contact school personnel to request a formal
Individual Education Plan Enhanced: Our Top Five Tips
If you have a child with special needs, you know that the most important thing is that they lead a happy, productive life – especially when they are at school. Individual Education Plans are developed to assist your child with specific needs they may have, but you may be asking yourself, what can you be doing during the summer to maximize the effectiveness of your child’s IEP? When it comes to making sure a student with special needs gets what they deserve to succeed, grow, and feel confident doing so,
HOA/COA Fees – Why Do I Have To Pay For Them, and Where Is That Money Going?
Many homeowners ask, why do I have to pay HOA or COA fees? And, where is that money going towards? When you purchase property located within the jurisdiction of an HOA or COA, you become a member of that Association, responsible for paying community expenses called Assessments or, more commonly, referred to as HOA dues or fees. These contributions are collected on a fixed time schedule (such as on a monthly, quarterly, or annual basis) to pay for standard maintenance and upkeep of the community’s
Amending HOA Documents And The Unlicensed Practice Of Law
Often times, a community association relies on an attorney to assist with the modification of its governing documents, and to provide answers to questions that affect not only the rights of the community association but its members as well. There are certain documents that must be completed by an attorney, based on the fact that they involve the interpretation of Florida Statutes while requiring a level of legal expertise and a familiarity with the Association’s Articles of Incorporation, Bylaws,
Florida COA and HOA Restrictions on Solar Panels; What You Need To Know
Whether you are a member living within a development governed by a homeowners association (“HOA”) or a condominium owners association (COA) and interested in installing solar panels on your home, or a member of the Board of Directors of a HOA, COA, or its respective architectural review committees, (ARC), in Florida, it would behoove you to become familiar with Florida Statute 163. It is essential that you understand what F.S. 163 says about COA and HOA restrictions on solar panels in so far as its
Requests for HOAs and COAs: What Can and Can’t an Owner Request?
Homeowners or condominium owners, as members of a Homeowners Association or a Condominium Owners Association, generally referred to as an HOA or a COA; do have the right to request and review the “official records” of the Association. But what can and can’t owners request? What are the “official records of the Association?” First, let’s look at what “official records” means. Pursuant to Florida Statute 720.303(4), (the statute governing HOAs): “OFFICIAL RECORDS.—The association shall maintain each of
Emotional Support Animals & Community Association Rules: What Does the Law Say?
Many Community Associations adopt rules and restrictions to limit pets within a community. When purchasing a home, this can be especially appealing to those who suffer from allergies, those that have animal phobias, or those who just simply dislike animals in general because of the noise they make or the mess they sometimes leave behind. However, it has been well established that service animals, “trained to do the work or perform a task for an individual with a disability, whether physical, sensory,
Real Estate Agents – When A Client Needs Probate
When a person passes away, you may find yourself in a situation where the deceased person (Decedent) owns a piece of property and the heirs of that person want to sell it. The heirs oftentimes hire an agent, list the property, get a contract, deposit escrow, schedule inspections, and then realize that the title company is requiring a probate as a B(I) Requirement on the Title Commitment. This is because the property is still in the name of the Decedent, and there has not been a legal devise out of the
HOA and COA Powers, Responsibilities and Rights During an Emergency
In Florida, it is common for homeowners or condominium owners to live in a community with a Homeowners Association or a Condominium Owners Association, generally referred to as an HOA or a COA, respectively. Associations are commonly found in housing or property developments where people share a common area or amenities, such as:Planned or private neighborhoods.Subdivisions.Gated communities.Condominiums.Townhome complexes.Apartment buildings. While the overall goal of most HOAs or COAs is to improve
New Divorce Laws in Florida
At The Orlando Law Group, we certainly understand the stress, confusion and emotions that come with a divorce, particularly one that has alimony payments and child custody arrangements. Unfortunately, many of the laws guiding Florida courts for decades have been upended this month. For more than a decade, there has been an effort to substantially overhaul these laws. Both Governors Ron DeSantis and Rick Scott have vetoed similar legislation in the past. This year, however, the laws passed and this