Transitioning from Active Updates to Archived Resources
The Legal Scoop on Southwest Florida Real Estate
by Gail Lamarche
1M ago
Thank you for being a part of our journey! As we transition to maintaining archived resources on our blog, your continued support is invaluable. Should you need any assistance or have questions, please don’t hesitate to reach out to our dedicated team at henlaw.com ..read more
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Fort Myers Land Development Code: Proposed Changes and Their Impact
The Legal Scoop on Southwest Florida Real Estate
by Jeff Wright and Colten Thomas
5M ago
On November 20, 2023, the Fort Myers City Council took a significant step toward amending the city’s Land Development Code. The proposed changes, presented during the council’s meeting, cover a wide range of issues—from new zoning categories to food truck regulations. Below are a few key highlights and potential implications of these proposed revisions. New zoning categories. One of the major topics involved the creation of new zoning categories; focusing on both residential and commercial developments. For residential areas, the Council contemplated the introduction of a high-density multif ..read more
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HB 919 Unveiled: A Guide for HOA Board Members in Florida
The Legal Scoop on Southwest Florida Real Estate
by Amanda Barritt
8M ago
Association board members hold the keys to ensuring the vitality and harmony of homeowners’ communities. If you’re an association board member in Florida, it is essential to understand the implications of HB 919 as it relates to your roles and responsibilities under Florida’s Homeowners’ Associations (HOA) Laws. The bill was signed into law on June 12, 2023 and becomes effective October 1, 2023. Understanding Florida HOAs and the Impact of HB 919 In Florida, HOAs are responsible for keeping our neighborhoods looking good and working well. Homeowners in these communities automatically become p ..read more
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Navigating the Sunshine State’s Rental Landscape: Tips for Florida Landlords
The Legal Scoop on Southwest Florida Real Estate
by Michael-Anthony Pica
8M ago
Florida’s vibrant real estate market and thriving tourism industry make it an attractive destination for property investors and landlords. However, with the allure of sandy beaches and sunny days comes a unique set of challenges for those in the rental business. From unpredictable weather to evolving legal regulations, Florida landlords must be well-prepared to handle a range of issues to ensure a smooth and successful rental experience. This article will focus on four challenges that confront landlords and guidance to manage them. Tenant Screening Securing reliable tenants is the cornerstone ..read more
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Understanding the Impact of SB 540 Local Government Comprehensive Plan Changes
The Legal Scoop on Southwest Florida Real Estate
by Jeff Wright
8M ago
In the field of urban and regional planning, the passing of legislative bills can significantly influence how local governments shape the future development of their communities. A recent example is CS/CS/SB 540, signed into law by Governor Ron DeSantis and effective July 1, 2023. This bill introduces several substantial changes to the existing regulatory framework for land development and comprehensive plans in Florida. Summary CS/CS/SB 540 contains several notable changes that have the potential to reshape the dynamics of comprehensive plans, development orders, and land development regulat ..read more
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From Murky Waters to Clear Paths: Why Sackett v. EPA Matters for Wetland Development
The Legal Scoop on Southwest Florida Real Estate
by Alessandro Secino
10M ago
On May 25, 2023, the United States Supreme Court decided Sackett v. EPA, a case concerning the outer limits of the Clean Water Act (“CWA”). The CWA grants the Environmental Protection Agency (“EPA”) authority to regulate water quality in the Nation’s rivers, lakes and streams. But discerning the precise boundaries of the CWA has led to conflicts between private property rights and the reach of the federal government. The Sackett case exemplifies this tension, and the high court’s decision in this case greatly constrained the authority of the EPA with respect to wetland regulation. T ..read more
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From Quiet Title Action to Breach of Warranty: Florida’s Legal Remedies for Title Issues
The Legal Scoop on Southwest Florida Real Estate
by Michael-Anthony Pica
10M ago
When buying or selling a property in Florida, it is essential to ensure that the title is clear and free of any issues affecting ownership rights. Unfortunately, title issues can arise even after a property has been purchased, leading to significant legal problems. If you find yourself in this situation, it is important to understand the legal remedies available. First, it is important to understand what a title issue is. A title issue is any problem with the ownership or transfer of a property’s title. This can include errors or omissions in the property’s legal description, outstanding lien ..read more
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Live Local Act and Its Major Effects on Development Approvals for Affordable Housing
The Legal Scoop on Southwest Florida Real Estate
by Taylor Bollt
1y ago
Florida has seen tremendous growth and development over the past decade. With that growth has come a lot of changes in the economy and a large spike in population. This has created a thriving real estate market for homebuyers, with the demand for housing rising greatly. But there is one major thing we have learned throughout recent years: there is a need for more affordable and workforce housing. To promote more affordable and workforce housing, Governor Ron Desantis signed SB 102 into law. SB 102, now known as the Live Local Act, has significantly impacted zoning laws and limited local gover ..read more
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Navigating Landlord Tenant Disputes in Florida: 5 Common Challenges and How to Overcome Them
The Legal Scoop on Southwest Florida Real Estate
by Michael-Anthony Pica
1y ago
As a landlord, you’ve probably heard horror stories about tenants who refuse to pay rent, damage your property, or violate the terms of the lease agreement. These disputes can quickly escalate into costly lawsuits, leaving both parties frustrated and stressed. As a landlord, it’s crucial to be aware of the common disputes that can arise with tenants and take steps to prevent them from occurring.  This post will address the most common landlord/tenant disputes and provide tips on how landlords can avoid unnecessary lawsuits. By understanding your rights and responsibilities as a landlord ..read more
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Florida’s New Legislation Provides More Protection for Contractors and Design Professionals
The Legal Scoop on Southwest Florida Real Estate
by Matthew Belcastro
1y ago
On April 13, 2023, Florida Governor Ron DeSantis signed into law SB 360, a bill to make significant changes to the state’s construction defect claims process. The new law, which goes into effect immediately, should provide some additional protections  to those in the construction industry by shorting the time period for bringing design and construction defect claims, clarifying the application of these time periods on multi-building projects, and adding  a “materiality” requirement to statutory claims for violation of Florida’s Building Code according to Fla. Stat. § 554.84. How doe ..read more
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