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Naples Real Estate Law Blog

Resolving a covenant dispute with homeowners

Homeowners associations (HOAs) serve to benefit the homeowners within its neighborhoods or communities. When homeowners purchase their property, they agree to adhere to the rules of the HOA and pay dues to contribute to the upkeep of their community.

Florida law requires homeowners to comply with the rules of their applicable association. Yet, disagreements between the HOA board and homeowners are not entirely uncommon. When a disagreement cannot reach a resolution amicably, board members may have to consider next steps to enforce a broken covenant.

Alternative lender offers funds with fewer strings attached

Raising capital is often a challenge for startup businesses in Florida. It's a process that often takes several months, especially for entrepreneurs without significant assets to get the ball rolling. A Canadian alternative lender based in Toronto is offering a unique funding solution for e-commerce startups: It claims to be able to quickly make an offer to startups operating in North America within 20 minutes.

In exchange for providing capital to startups, which can range from $10,000 to $10 million, the lender takes a portion of a new company's top-line revenue. This is done in lieu of requiring the founder to sign over equity. While not a new concept, this approach to lending is appealing because it gives founders a chance to grow new e-commerce businesses without giving up ownership.

I want Florida-friendly plants in my yard. Can my HOA stop me?

I want to xeriscape my lawn with Florida-friendly plants. Can my HOA stop me?

Florida is one of several states that prohibits HOAs from limiting an environmentally friendly lawn. Even if your condominium’s covenants or bylaws prohibit what you can and can’t plant, Florida law supersedes the HOA bylaws.

Family businesses and social capital

Most family businesses in Florida don't last long enough for a third generation of relatives to take part. However, even if a family business does not last longer than one generation, it may be the source of funding for education or a well-financed future for many decades.

Nearly 33 percent of the S&P 500 companies are considered family businesses. Also, out of the 250 largest enterprises in Germany and France, 40 percent are family businesses. This indicates that family businesses that are operated efficiently can last and perform exceptionally. It is also not unusual for the growth rate for the family businesses that are made public to exceed that of comparable non-family enterprises.

Selling a home during divorce

Filing for divorce typically indicates that two married people are ready to lead individual lives. Before they reach that point, however, they should work together faithfully to sell their marital home in Florida. Conflict between divorcing partners that spills over into the process of selling real estate could cause delays and perhaps reduce the final selling price.

Real estate agents who have experience working with divorcing spouses could provide valuable insight and guidance. Neither partner should resist an agent's recommendations about pricing, decluttering and staging a home. These tactics are meant to entice buyers and hopefully inspire good offers. The splitting couple will also need to make decisions about where the money will come from to pay for cleaning, repairs and cosmetic upgrades to get a property ready to list.

Why housing co-ops are a viable alternative to home ownership

When an individual would like to buy a home in Florida, he or she must usually apply for a mortgage loan and then use that money to purchase a deed. This traditional path to home ownership will give a buyer full control over his or her property, but the initial costs can be overwhelming. That is just one of the reasons why many people are now exploring housing co-ops.

Housing cooperatives first became popular in areas with booming real estate markets. Homebuyers often found it incredibly difficult to qualify for traditional loans, and many of them got stuck in the cycle of renting for years. A co-op is, essentially, a corporation that buys a multi-unit building. If an individual would like to live in that building, then he or she will take out a co-op loan and invest that money in the corporation.

The necessity of a business plan

Entrepreneurs in Florida have to think carefully about the steps they take to create and operate their business. This partly why having a business plan is so important.

Developing a business plan demonstrates how serious individuals are about their enterprise. With a formal business plan in hand, prospective entrepreneurs can show investors, partners and employees that they are dedicated to establishing a successful business.

South Florida sees an increase in real estate transactions

The number of properties sold and the average price of those properties increased in South Florida in 2018. Miami-Dade County alone reported sales of more than 3.5 million square feet of commercial property, which is the first time in history that the county sold that many properties.

Though the number of sales in Palm Beach decreased slightly, most counties in the southern portion of the state saw record increases. Broward County reported more real estate transactions than any other county in the state.

What to do in a property line dispute

It isn't uncommon for Florida homeowners to engage in disputes. In many cases, they can be resolved through effective communication. Objective markers like a fence or a tree could be used as the official boundary between one property and the next. There are times when property disputes arise because a homeowner puts a building or a garden a few inches over his or her property line.

In such a scenario, it may be possible to ask a neighbor for an easement or to be deeded the extra property needed for those items. It may also be possible for an individual to claim adverse possession. This may occur if a person has used land belonging to a neighbor for a long period of time with no complaints.

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Adamczyk Law Firm, PLLC

Adamczyk Law Firm, PLLC
9130 Galleria Court
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Naples, FL 34109

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