Property Rights Law Firm, P.A.

Orlando Real Estate Law Blog

Florida family in HOA dispute concerning fence

Owning real estate often means dealing with various issues related to that property. For some, that may simply mean maintaining the property and paying a mortgage and property taxes. For others, this may mean complying with certain regulations concerning their parcel of land. Specifically, if there is a Home Owners Association, property owners not only have dues but must also comply with the rules set by their HOA. Failing to do so could result in a real estate dispute.

According to recent reports, a family is Sarasota is dealing with a costly real estate matter concerning the fence they installed. Specifically, their HOA asserts that the fence does not comply with the size and type restrictions set by the HOA. This has resulted in the HOA fining the family $100 a day for the past two months. Additionally, they filed a lien against their home and even threatened a HOA foreclosure of their house.

Understanding zoning regulations

When people in Florida purchase, sell or update their property, it is important to understand certain restrictions that may exist. In other words, regulations regarding land use and zoning define what can be built on certain land and what that property can be used for. These regulations allow property owners to get the most out of their property; however, they can also cause restrictions. Because of this, some property owners may seek to re-zone their property so they can use the land for reasons other than what it was initially zoned for.

The purpose of zoning is to divide a municipality into three parts, residential, commercial and industrial. For the most part, each of these zones is separate from the others; however, there can be some overlap. Nonetheless, the use of the property in each zone is reasonably uniform.

How has the market for commercial property changed?

Owning commercial real estate in Florida and elsewhere is a lucrative move to make. However, it can be a challenging time for some, depending on the market. Thus, those seeking to purchase commercial real estate should be knowledgeable about the market and how best to go about this transaction. And, on the other side of the transaction, sellers should note ways to appeal to buyers, helping them move property off the market.

How has the market for commercial property changed? Much like the buying and selling of goods has evolved over time, so have the transactions for commercial property. As individuals and companies look less and less towards print to guide and assist them through this process, it is clear that the digital age has taken over the commercial property market.

Helping you understand the eminent domain process

When a property owner sells their property, they likely complete the transaction by listing their property for sale. However, this sale could also be the result of a government taking. Eminent domain is when the government takes land from property owners for the benefit of the public. When this taking occurs, the property owner is supposed to be compensated for the property; however, just compensation does not always occur.

Thus, it is vital to understand the eminent domain process, so the rights of property owners can be protected. At the Property Rights Law Firm, P.A., our experienced attorneys understand how daunting it can be to go up against the government in an eminent domain action; therefore, our law firm is prepared to help those in the Lake Mary area navigate these matters.

Understanding construction defects and your recourse

While many Florida residents aspire to purchase the perfect home, others prefer designing and constructing their dream home. Building a home can be a lengthy task, as there are many components that go into constructing a house. Thus, this opens up the possibility that something might go wrong at a certain phase in the building process. And, if construction defects occur, it not only creates setbacks but could compromise the overall value of the finished home.

Construction defects can occur when errors are made at different phases in the construction of a home. These defects could lead to serious problems, such as unstable or cracked foundations, water intrusion and uneven surfaces caused by expansive soil.

Two laws pass in Florida, impacting HOA members

Most Florida residents are aware that laws change. However, what they may not fully understand is how these changes, no matter how minor, can impact them in a major way. This is especially true when it comes to property owners. Whether one owns private or personal property, if land use or zoning laws are altered, this can greatly impact what can be built or dictate how existing structures can be used or renovated.

During the 2019 legislative session in Florida, two laws passed that impacted condominium and homeowner's associations. Based on House Bill 7103, older condominiums that stand over 75 feet tall were given a reprieve. Owners of these buildings are not required to retrofit them with fire sprinklers or adopt an engineered life safety system until the start of 2024.

What counts as public purpose in eminent domain cases?

Eminent domain claims are often contentious. A property owner can feel like the government is violating their rights by forcing them to sell. The argument for eminent domain is that the property has to be taken in order to do something that betters the entire community.

However, what actually qualifies as bettering the community? And therefore, how do we define “public purpose?” Those are somewhat complicated questions.

What reasons can bring about eminent domain in Florida?

No property owner would like being told that the government is going to take their property from them. While this scenario is what eminent domain is, property owners have certain rights in these matters. Not only can they take steps to ensure that they receive just compensation for their property, but they can also assert that there is no valid reason for this taking.

What reasons can bring about eminent domain in Florida? One common reason for the assertion of eminent domain is for utilities. Utilities, such as electric power, are used by the public and benefit the public. And, even if a private owner does not want to sell their property for this use, there are ways around this that might allow this government taking to take place.

Understanding the eminent domain process

The last thing a property owner in Florida wants to see happen to their property is see it taken away from them. However, that is what could happen if the government seeks to use a private property owner's property for the benefit of the public. Through the act of eminent domain, the government could take some or all of one's property for the purpose of serving the public. However, property owners do have rights in these matters that should not be overlooked.

To begin, property owners should be knowledgeable of the eminent domain process, as the government must follow a set of various procedures before it can take property. The basis of eminent domain is that land could be taken away from property owners if it is for the public good. However, in order to be taken, there must be just compensation. Thus, if the government seeks to take private property to help build a highway, the landowner must be justly compensated for their property.

Guiding you through zoning issues in an eminent domain action

Property owners in Florida seek to maintain or increase the value of their property. There are many steps one can take to make his or her individual property hold more value. However, there are certain land use and zoning laws that could also impact the valuation of property. By seeking a zoning change, certain properties could gain value, allowing them to be at their best and their highest use. However, the opposite could occur if the government instills a downzoning.

In cases of eminent domain, zoning issues can present themselves. This can become complex very quickly, causing property owners to be unsure of the steps they could take to better their situation and protect their rights. At the Property Rights Law Firm, P.A., our skilled attorneys understand how zoning changes can dramatically impact the value of the property as well as the outcome of an eminent domain lawsuit.


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