Posted in Condominium & Homeowner Association Law

The purpose of bankruptcy laws is to provide an opportunity for a fresh start to honest but unfortunate individuals (or debtors in the bankruptcy context) and to allow for the equal treatment of creditors who may be owed money.  The successful completion of a bankruptcy plan generally entitles the debtor to a discharge of certain debts.  The discharge of a debt prevents creditors from later attempting to collect the discharged debt.  Additionally, 11 U.S.C §362(a) imposes an automatic stay on any collection activity against the debtor or their assets.  The automatic stay begins immediately upon the filing of a bankruptcy petition and acts as a temporary injunction preventing collection activity by creditors.  Generally, the automatic stay will remain in place during the life of the bankruptcy proceedings unless the creditor obtains a court order granting relief from the automatic stay.

Posted in IRS & Tax Information

Now that this year’s Tax day has passed, you may have discovered that you owe more on your tax return then you can afford to pay. Here are some tax resolutions and tips to get your IRS debt resolved before it’s too late:   

1. Installment Agreements

Individuals who owe $50,000 or less in income tax and businesses that owe $25,000 or less in payroll tax may qualify for an Online Payment Agreement. You can set up the payment for any amount you can afford as long as the debt is paid in full within 72 months (6 years). You can also modify installment agreements through the program as well. 

Posted in IRS & Tax Information,Real Estate Law

As most Florida homeowners know, the Florida Constitution provides for a valuable homestead tax exemption. In general, to qualify for this exemption under Section 196.031 of the Florida Statues, you must have legal or beneficial title to your home and in good faith make the home your “permanent residence” as of January 1^st.  Determining whether you make the home your “permanent residence” can be complicated for those who have multiple homes or sometimes rent the home on occasion.

Posted in Condominium & Homeowner Association Law

Collections practices in Community Association law are largely controlled by Florida Statutes (Section 720.3085  for Homeowners Associations or Section 718.121 for Condominium Associations) as well as adherence to Fair Debt Collection Practices Act and the Association documents such as the Declaration of Covenants. Once courtesy notices have sent to a delinquent owner, accounts should generally be turned over to your attorney for collections. The legal collection process typically starts with a Notice of Intent to Lien being sent to the property owners of record, giving condominium owners thirty (30) days to respond and homeowners association members forty-five (45) days to respond.

Posted in Condominium & Homeowner Association Law

On March 27, 2020, the Secretary of the Department of Business and Professional Regulation (“DBPR”) issued Emergency Order 2020-04 (found here), which clarifies that community associations, including condominium, homeowner and cooperative associations, can exercise the use of emergency powers in light of the Novel Coronavirus Disease 2019 (COVID-19).

Posted in Business Law

The programs and initiatives in the Coronavirus Aid, Relief, and Economic Security (CARES) Act was just passed by Congress.  The CARES Act totaling $2 trillion provides for individuals, families, governments, large corporations, and small businesses.  As to small businesses, below are some important links to Resources to help.  The first link is a guide by the U.S. Senate Committee on Small Business & Entrepreneurship, which outlines the various aspects of the CARES Act that apply to small businesses.  The second and third links are to the Treasury Department and SBA, which provides important updates on the CARES Act.

Posted in IRS & Tax Information

Calendaring important IRS and tax authority deadlines can save you a lot of headaches at tax time.  To avoid paying penalties and other tax consequences, keep a calendar and plan for tax deadlines with your accountant, attorney, and other members of your professional team.  The below items are a few examples of important tax deadlines:

Posted in IRS & Tax Information

Last summer, Florida passed new legislation requiring all Florida corporate income tax filers to provide certain additional information online with the Florida Department of Revenue (FDOR). The new online information disclosure relates to how certain areas of the federal Tax Cuts and Jobs Act impact a company’s Florida income tax. Note that the state has limited this additional online reporting to only those companies required to file a Florida corporate income/franchise tax returns (Form F-1120 or F-1120-A). Other entity types such as partnerships are not affected by this legislation.