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“Tenants Can Claim Support Animal Rights,” News-Press

Q: Our condominium documents do not permit renters to have pets. A new short-term renter in my building has a dog. When I asked the management company, I was shown a certificate for an “emotional support animal” that can be purchased online.  It is my understanding that “emotional support animals” can only break a “no […]

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“Limit on Charging Transfer Fees? ,” Naples Daily News

Q: My condominium association imposes strict limitations on the rental of units.  The condominium documents include a requirement for the board to review and approve all proposed leases and tenants.  The condominium documents also permit the association to charge a fee up to the highest amount the law allows to cover the cost of the […]

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“Noisy Air Conditioner Generates Complaints,” News-Press

Q: Two owners in my condominium building had their air conditioner  units moved to the roof of the building. Is this allowed? The association has not had the units moved back. Don’t we need to vote to change our common elements? (E.H., via e-mail) A: Changes to the common elements which appreciably change the appearance or […]

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Why Brokers Should Consider a Land Use Attorney

As brokers, you are constantly looking at ways to maximize value for your clients. Whether you represent sellers or buyers, you may be missing out on huge opportunities by not engaging in land use due diligence. Many of you are familiar with real estate due diligence, on title work, deeds and insurance, but you have […]

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Certificates of Insurance: Do They Matter?

All too often after a lawsuit is filed our clients come to us and say, “We required the contractor to name the association as an additional insured and obtained proof of insurance by requiring them to submit a certificate of insurance,” why then are we not covered by the contractor’s policy? The truth is, a […]

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“Rezoning Process Explained,” News-Press

Q: The developer of an adjacent property is attempting to rezone it. We are already facing problems due to the growth in our area. Does the local government have a legal or moral obligation to protect us? (R.Z., via e-mail) A: According to my partner Kathleen O. Berkey, AICP, Board Certified in City, County, and […]

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Breaking Up Is Hard to Do: Who Gets Credit for the Deposit When Unmarried Couples Partition a Home?

Every 1 in 3 Millennials purchased a home in 2018, and yet only 36% of Millennials were married. It’s getting more and more common for this generation to choose to purchase a home together as boyfriend/girlfriend and take title as joint tenants with right of survivorship. But, what happens when they breakup and cannot agree […]

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“Restaurant Minimums Not Unusual,” News-Press

Q: I live in a community that includes a mandatory golf club membership. The restaurant/lounge has been underperforming. The board recently imposed a minimum food and beverage purchase requirement for all members. Is this legal? (R.C., via e-mail) A: I am told that there is an old saw in the golf club industry that it […]

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“Section Poised to Call for a Statewide Business Court,” The Florida Bar News and Journal

After more than a year of meetings and intense study, a Business Law Section task force is poised to unveil a proposal for a statewide business court. Business Courts Task Force Co-Chair Jon Polenberg said the panel is expected to approve a “rules-based approach” at the Winter Meeting in Orlando next month. “We’re going to […]

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