In late June, Governor DeSantis approved Florida’s version of the Uniform Commercial Real Estate Receivership Act (“UCRERA”) and the Act became effective July 1, 2020. This law begins its life in a time of great uncertainty for the Florida business
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 7
Construction Contracts: Property Insurance and Waiver of Subrogation Provisions
Most of us in the construction industry are familiar with contractual provisions which require one of the parties to obtain insurance on the project (frequently called “builder’s risk” policies). These provisions are typically accompanied by “waiver of subrogation” provisions. Usually,…
COVID-19: Real Estate Updates Halfway Through the Stay-at-Home Order
COVID-19: Mortgage Foreclosure and Eviction Relief
By Scott Beatty
On April 2, 2020, Governor Ron DeSantis issued Executive Order No. 20-94 (“E.O. 20-94”), which addressed mortgage foreclosure and eviction relief. In the preamble (i.e., the “whereas” section), the Governor recited that the Federal Housing Administration implemented an immediate foreclosure…
COVID-19 Impact on Real Estate Contracts and Closings
It’s no secret that the COVID-19 epidemic is affecting virtually every sector in some way, shape, or form. The real estate sector is no exception. Although the modern real estate world has slowly moved away from face-to-face deals, there are…
Lee County Impact Fees Increased on March 7
By Richard Akin
Impact fees charged by Lee County for roads, parks, and schools increased by 2.5% on March 7, 2020. The increase is part of a regularly scheduled increase adopted by the Lee County Commission in 2018, but will still leave fees…
Foresight is 2020: A Look at the Constitutional Amendments on the November Ballot
It’s an election year, and that means voters have a lot to think about before casting their ballots in the August and November elections. In every election cycle, citizens have the opportunity to go through the initiative petition process for…
Options for Commercial Property Owners When Handling Oil, Gas & Mineral Rights
Oil, gas, and mineral (“OGM”) rights are not uncommon, especially in Collier County and certain areas of Lee County. Unfortunately, outdated OGM leases and rights reservations can often cause a headache for buyers when these issues show up on title.…
Happy Holidays!
At the close of our 95th anniversary year, we turn our attention, once again, to our community. Henderson Franklin’s attorneys, staff, friends and family volunteered to help two organizations this holiday season, Big Brothers Big Sisters of the Sun…
Condominium and HOA Boards Beware of Holding “Executive Sessions”
I am often asked by association boards if the board can meet in “executive session” to discuss a sensitive topic, such as a personnel matter or dispute with an owner or neighborhood association, without members present.
Florida Sunshine Laws…