Real Estate

The City of Oviedo has enacted significant revisions to its Land Development Code (LDC), introducing new regulations and standards that will impact future development within the city.

The recent Vitalia at Tradition decision highlights the important, yet sometimes misunderstood, distinction between classes of members and classes of parcels in community governance.

Arbitration clauses in home purchase agreements can greatly improve dispute resolution—if structured correctly. The Florida case Osborne v. Drees Homes of Florida emphasizes the importance of precise wording and a clear scope for effectiveness.

New NAR rules, effective August 17, 2024, are changing real estate transactions to enhance transparency and fairness following a federal court ruling in October 2023.

New NAR rules effective August 17, 2024, following a court ruling, aim to enhance transparency and fairness in real estate. While sellers may be less directly affected than buyers, important considerations for selling property arise.

On September 19, 2024, the St. Cloud City Council voted to raise mobility impact fees, following a similar decision by Osceola County on September 9.

On September 9, the Osceola Board of County Commissioners voted to approve an increase to County mobility impact fees, which will substantially increase the cost of development in the County.

After the Florida Legislature blocked the Orange County Charter Review Committee’s proposed Charter amendments, the Orange County Board of County Commissioners (BCC) has taken on the initiative by proposing new ordinances.

After the Florida Legislature blocked the Charter amendments, the Orange County Board of County Commissioners proposed new rules to create a Rural Boundary and require County approval for property annexations within it.

Effective July 1, 2024, a new Florida law has significantly changed how electric vehicle (EV) charging stations are regulated across the state.

Osceola County and St. Cloud have proposed increases to their impact fees but have delayed voting on the new schedules until August after hosting required public workshops.

Governor DeSantis signed HB 799 into law on June 27, 2024, impacting all developments subject to covenants or restrictions, whether residential or commercial.

Osceola County, City of St. Cloud, and City of Mt. Dora are all set to vote on proposed increases to impact fees that, if approved, will substantially increase the cost of development in these jurisdictions.

The 2024 Atlantic hurricane season starts June 1, with NOAA predicting higher activity. Effective planning and flexibility are essential.

Developers in Florida create HOAs to manage common areas. Initially in control, they later transfer this to homeowners who elect the board, posing challenges.

As one of the fastest growing regions in the United States, Orange County has been working to amend their state-required Comprehensive Plan called, “Vision 2050.”

In Florida, a Notice of Commencement (NOC) must be recorded in the public records of the county where construction of certain property improvements occurs.

On April 12, Florida's request to delay the invalidation of its partial assumption of the Clean Water Act's Section 404 program from the Army Corps of Engineers was denied.

The US Appeals Court is sending a crucial question to Florida's Supreme Court in the RJ's International Trading, LLC vs. Crown Castle South, LLC case.

Florida's title fraud is rising, with forged deeds transferring property to fraudsters. A new law requires County Clerks to offer a free recording notification service by July 1.

The Department of Housing and Urban Development released the 2024 Area Median Income and Rent Limits, affecting affordable housing developers like those in Orange County.

Florida Legislature approved a bill signed by Governor DeSantis, addressing concerns about squatters’ rights and streamlining the eviction process for property owners, effective July 1, 2024.

The National Association of Realtors (NAR), which represents more than 1 million Realtors, has agreed to eliminate its standard 6%sales commissions with home sellers.

The U.S. District Court invalidated Florida's Clean Water Act Section 404 assumption, shifting all permitting back to the Army Corps, causing delays and higher costs.

A subcommittee of the Orange County Charter Review suggests changes on rural boundaries and decision-making. Concerns are raised about economic effects and housing availability.

The 2024 Florida Legislature is currently considering revisions to The Live Local Act via Senate Bill No. 328 and Florida House Bill No. 1239.

A Toronto property management company bans electric vehicles over lithium battery fire risks, sparking debates on landlord rights and the challenge of managing innovation and risk.

Florida's pilot program in Lee County, effective August 1, 2023, mandates government-issued photo ID for filing real estate deeds, enhancing security and combating property fraud.

Effective January 1, 2024, changes to Florida Statutes 695.26(1)(c) mandate including witness post office addresses on recorded documents; failure may result in rejection by recording clerks.

FinCEN's new rule, part of the Corporate Transparency Act, aims to boost transparency in various sectors, impacting real estate with increased scrutiny and administrative responsibilities.

Pickleball's surge in popularity has created a shortage of facilities. Opening your own requires navigating legal complexities. This article outlines key legal considerations.

Hurricane Idalia underscores the importance of assessing "force majeure" clauses in contracts, enabling relief from obligations due to hurricane-related disruptions and unforeseen events.

In triple net office leases, a "gross-up" provision helps landlords estimate operating costs at full occupancy, allowing them to charge tenants based on higher, normalized expenses.

Flipping property for profit in Florida's rising land market involves contract clauses, tax implications, and simultaneous closings, requiring careful consideration.

Florida Senate passes CS/CS/SB 770 to regulate residential loan alternative agreements, preventing deceptive practices, protecting homeowners' rights, effective July 1, 2023.

Governor DeSantis signs SB 154, addressing SB 4D issues in Florida's Condominium Act, clarifying regulations, inspections, insurance, records access, and more.

Florida Senate Bill No. 540 allows prevailing parties in comprehensive plan amendment challenges to recover attorney fees and costs.

HUD releases 2023 AMI Income and Rent Limits; Orange County's AMI rises to $84,700. Live Local Act aids affordable housing projects.

SB264, signed by Governor DeSantis, restricts certain foreign nationals from buying Florida properties near critical infrastructure, imposing penalties for non-compliance.

Governor DeSantis approved Live Local Act effective July 1, 2023, expediting multifamily development approval with affordable housing requirements.

Florida Supreme Court's refusal upholds Fifth District Court of Appeals' decision, preventing Orange County's rent control ordinance from taking effect.

The Live Local Act, effective July 1, 2023, mandates affordable housing in zones, removes rent control, funds, and fast-tracks permits.

Florida's tort reform bill HB 837/SB 236 targets lawsuit abuse, introducing stringent requirements for negligent security cases at multifamily properties and changes in liability apportionment.

HUD reinstates 2013 discriminatory effects rule, overturning the 2020 Trump Administration rule on housing discrimination practices.

Governor DeSantis' Moving Florida Forward initiative aims to accelerate transportation projects, potentially impacting properties.

Florida Legislature passes SB 102, launching a $711 million affordable housing program; includes incentives for developers and increased support for SAIL.

Foreclosing on malls or shopping centers poses challenges; unique issues include tenant leases, code violations, entitlements, and unpaid taxes.

Growing demand for rental housing, particularly Build-to-Rent (BTR), rises due to varied lifestyles and benefits for renters.

Orange County's rent control ordinance, initially halted by a court order, faces an appeal by the County Commissioners.

Despite residents' approval, court order prevents certifying votes for Orange County's rent control. Implementation halted pending litigation trial in 2023.

In commercial leases, cap on operating expenses (like CAM) can be cumulative/non-cumulative, impacting landlord-tenant responsibilities in cost increases.

On October 27, 2022, the Fifth District Court of Appeals decided 2-1 that the proposed rent control ordinance should be enjoined from placement on the November ballot.

LOIs summarize real estate deals, but require legal scrutiny. They're crucial before formal contracts.

Florida's Internal Improvement Trust Fund owns submerged lands. Upland owners need a lease for structures.