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Florida Property Taxes – You Must Act Soon If You Wish to Contest Your County’s Proposed Assessments

September 7th, 2018

Posted in IRS & Tax Information,Real Estate Law

Your local Florida County Property Appraiser mails out the Notice of Proposed Property Taxes (Truth in Millage or “TRIM” form) in August or September of each year.  Property owners or taxpayers who wish to contest or appeal their property value to the Value Adjustment Board must file a petition (one of the DR-86 forms) with the clerk of court within 25 days of the Notice of Proposed Property Taxes.

Typically, as with most legal matters, it’s best to try and resolve the matter prior to filing a petition.  If time permits, it’s advisable to contact your property appraiser’s office to resolve issues such as market value, classification, or an exemption.  Keep in mind that there are many other issues concerning property taxes in Florida that may be applicable, such as Portability, the Save Our Homes cap (currently 2.1% for 2018 per the CPI index), joint ownership or adding someone to your deed, inheriting family-owned property, or the transference of property.  More information can be found below.

FL Department of Revenue – Homestead FAQ’s

FL Department of Revenue – Petitions to the Value Adjustment Board

Jackson Law Group

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Are you a “Certified Board Member”?

August 17th, 2018

Posted in Condominium & Homeowner Association Law

Florida’s Mandatory Condominium, Cooperative, and HOA Certification Requirements for Newly Elected Board Members

All Florida Condominium, Cooperative, and Homeowners Association’s (“HOA”) should be aware that Florida law requires mandatory certification of newly elected members of an Association’s Board of Directors within 90 days after becoming elected to the Board. Failure of a Board Member to meet the certification requirements results in the Board Member being suspended from the Board until the certification requirement is met.


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Legal Considerations for Rental Property Owners

August 6th, 2018

Posted in Business Law,General Practice,IRS & Tax Information,Real Estate Law

Many local governments have enacted laws which require the owner of a short term rental property to obtain a certificate or other permit in order to utilize the property as a rental. This regulation comes in addition to obtaining a license from the Department of Business and Professional Regulation, a local business tax receipt, and the remission of Florida Sales Tax to the Department of Revenue. The issue of regulating short term vacation rentals has also been addressed recently by the Florida legislature.
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Surviving Florida’s Marketable Record Title Act

July 6th, 2018

Posted in Condominium & Homeowner Association Law

Florida’s Marketable Record Title Act (“MRTA”), Chapter 712 of the Florida Statutes, was enacted to simplify the title examination process and facilitate real property transactions.  MRTA removes title defects and interests in title from properties and extinguishes stale claims which came into existence more than 30 years ago to enhance the marketability of title. Prior to MRTA’s enaction in 1963, practitioners would have to search title records back as far as the initial Spanish land grants. 
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Hurricane Planning for Community Associations

June 8th, 2018

Posted in Condominium & Homeowner Association Law

Is your condominium or homeowner’s association properly prepared for a natural disaster event such as a hurricane?  The Atlantic hurricane season officially began on June 1st of this year and will continue until November 30th. The season began with a bang as tropical storm Alberto proves you need to be ready now. It is predicted for 2018 that we will have 12 named storms, 6 of which will become hurricanes.

Florida condominium and homeowner associations are encouraged to take the following steps to ensure that they are properly prepared for an upcoming weather event and to put themselves in the best position to respond should damage to property occur. The list below is not all inclusive but should provide a solid basis for preparation.  In addition to seeking advice of legal counsel, community associations should work carefully with their Community Association Manager (CAM), insurance advisors, property maintenance staff, and providers.  
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What is Probate?

May 11th, 2018

Posted in Estate & Personal Planning

Many people have either a fear of probate or confusion about it.  However, probate generally does not deserve the bad feelings its name evokes.  On one hand, sometimes the probate process is beneficial, whereas on the other hand, sometimes it may be more efficient and cost-effective to create a plan to avoid probate.
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Shipwrecks and House Bill 631

April 13th, 2018

Posted in Real Estate Law

This Spring, St. Johns County residents along with visitors across the county flocked to an area of a state protected beach in Guana State Park. With help from national news coverage, the visitors came to lay eyes on a 48-foot section of a once sunken ship which is believed to date to the 1700’s. Had this amazing artifact washed up later this year on a privately-owned stretch of beach subject to an ordinance establishing the customary public use of that part of the beach, the passing of House Bill 631 on March 8, 2018 could have allowed a private owner of beach to prevent the public from viewing the wreckage.
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A Guide to Legislative Changes Affecting Community Associations

April 2nd, 2018

Posted in Condominium & Homeowner Association Law

We’ve prepared the following bottom-line outline of the recent legislative amendments enacted in House Bill 841 affecting Florida condominium, homeowners’, and cooperative associations.  The amendments will take effect July 1, 2018. 
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