In 1995, the Florida Legislature took bold steps to protect private property rights by enacting the Bert J. Harris, Jr. Private Property Rights Protection Act, better known as the Bert Harris Act. The Act created a new cause of
The Legal Scoop on Southwest Florida Real Estate
The Legal Scoop on Southwest Florida Real Estate, published by Henderson, Franklin, Starnes & Holt, P.A., focuses on legal issues related to real estate and land development in Southwest Florida. The blog covers topics such as local land use regulations, zoning changes, real estate transactions, landlord-tenant matters, property development challenges, environmental regulations affecting wetlands, and legislative updates impacting comprehensive planning. It also addresses practical concerns for landlords and developers navigating Florida's unique real estate market and regulatory environment. The content is tailored to inform property owners, developers, and legal practitioners about evolving laws and policies shaping real estate in the region.
Latest from The Legal Scoop on Southwest Florida Real Estate - Page 5
Preparing for a Storm: Legal Considerations for Property Owners during Hurricane Season
Each year, the months of June to November keep property owners across the State of Florida a bit on edge when storms begin brewing out in the Gulf and the Atlantic. This past weekend tropical depression Claudette kicked off the…
New laws prompt HOAs to examine – and quickly change – rental restrictions in advance of July 1, 2021 effective date
By Colby Keefe
Condominiums, cooperatives, and homeowners associations will see many changes to their operations following the new laws borne from Florida’s 2021 legislative session. Among these changes are new laws governing rental restrictions in homeowners associations in Senate Bill 630. The…
2021 Florida legislative session brings significant changes to community association laws
By Colby Keefe
The 2021 Florida Legislative session, which ended on April 30, 2021, was an active one for proposed community association legislation.
The following community association-related bills have either been signed into law or have passed the House and Senate and are…
Buying Real Estate with Bitcoin
I am sure that by now most people have heard the news stories and social media posts about people becoming rich overnight simply by acquiring and often forgetting about Bitcoin and other forms of cryptocurrency in recent years. Those viral…
Florida Appeals Court Rules in Favor of Waterfront Property Owner, Despite Neighbor’s Objection and Demand for Payment
By Scott Beatty
Florida boasts the longest coastline in the contiguous United States, and “waterfront” property, for many, is one of the most desirous features of real estate in Florida. Ownership of waterfront property that abuts navigable bodies of water (i.e., waters which,…
New COVID-19 Civil Immunity Law Provides Relief to Florida Condo and HOAs
By Colby Keefe
Earlier this week, Florida Governor Ron DeSantis signed S.B. 72 into law, which grants some civil immunity to business entities against plaintiffs bringing COVID-19 injury and wrongful death claims. A review of the impact S.B. 72 has on business entities…
The State of Southwest Florida Real Estate – A Recap of 2021 Market Trends
Henderson Franklin was honored to sponsor 2021 Market Trends, which took place on March 9, 2021, with speakers Randy Thibaut, founder of Land Solutions, Inc., Denny Grimes, President of Denny Grimes & Team at Keller Williams Realty,…
Construction of Docks, Piers, and Other Waterfront Structures in Southwest Florida
It is hardly a secret that one of the many draws of Southwest Florida is the accessibility of owning property along the beaches, rivers, and canals that make the area paradise for residents and visitors alike. Waterfront ownership, or littoral…
Pet restrictions revisited: Community associations continue to navigate pet restrictions as new Florida law addresses fraudulent emotional support animal claims and documentation
By Colby Keefe
Our team previously wrote about pet restrictions in a 2014 article located here. Nearly six years later, pet restrictions continue to be a breeding ground for confusion, particularly with respect to fair housing and discrimination laws and as those…