Author Archives: Jay Butchko
“Bare Walls” Or Full Insurance Coverage for Homeowners Associations: A Discussion
When it comes to running a homeowners association or condominium and all of the upkeep and operations associated with these types of properties, it is important to understand the ins and outs of insurance coverage and liability. For example, “bare walls” insurance plans are often discussed in associations that want to limit the cost… Read More »
Battle Emerges Over Arbitration Clauses in Business Contracts with Consumers
Many are concerned about the new arbitration rule issued by the Consumer Financial Protection Bureau, which is set to go into effect in September. The rule would prohibit consumers from agreeing to use arbitration to remedy any disputes they have with credit card companies and banks. As a result, in July, the U.S. Senate… Read More »
Retirement Planning During Divorce
For many who are contemplating a divorce, the thought of what might happen to your retirement savings as a result is beyond harrowing. What’s going to happen to our home, expenses, medical insurance? While these details can sometimes be overwhelming, an experienced divorce attorney who regularly works on family law cases can help advise… Read More »
What Is The Covenant Of Quiet Enjoyment, And Why Is It Important To Landlords?
Nothing is perhaps more effective in ensuring that there is a smooth relationship between landlords and tenants than carefully drafting and negotiating the contract that governs that relationship and the rights that each party has. One of those terms includes the terms of “enjoyment” covenant, also known as a covenant of quiet enjoyment. This… Read More »
5 Steps to Filing Your Insurance Claim
With Hurricane Irma quickly approaching Florida, Wind and storm damage will likely occur. If you become the victim of storm and flood damage, you will need to file a claim with your insurance company to start the recovery process. You pay a lot of money for your insurance so it makes sense that if… Read More »
New Florida House Bill Signed Into Law Affects Homeowners Associations and Condos
On June 14th, Florida House Bill 398—affecting condominium and homeowners associations—was signed into law. It is important to note how the legislation expands the scope of the current statutory provision and affects estoppel certificates. Specifically, the bill revises requirements relating to the issuance of an estoppel certificate to certain individuals, requiring a condominium and/or… Read More »
As Society Is Morally Embracing Divorce More and More, Have You Done The Same?
According to the latest Gallup poll, 73 percent of U.S. adults say that divorce is “morally acceptable”; an all-time high, even as the national divorce rate has been on the decline. Since 2001, the public has consistently viewed divorce as morally acceptable, more and more each year. In the decades prior, however, the concept… Read More »
Important Eleventh Circuit Insurance Bad Faith Decision
The U.S. Court of Appeals for the Eleventh Circuit (which covers Florida) recently reversed an important lower Florida court’s decision which awarded an insurance bad faith plaintiff (Bottini) $30 million in a case involving uninsured/underinsured motorist breach of contract claims. The vehicle involved in the accident at the heart of the claim had been… Read More »
Mental Incapacity & Divorce
Some Florida couples deal with mental incapacity issues as they overlap with divorce, and there are laws here in Florida addressing the issue. However, while Florida does allow for divorce in the event that one spouse suffers from a mental incapacity, there are particular waiting periods built into the law in order to protect… Read More »
The Legal Challenges of Short-Term Rentals to Homeowners Associations in Florida
As recently covered by the Miami Herald, the issues created by short-term rentals (as facilitated by websites like Airbnb and others) have become one of the most pressing challenges facing both homeowners and condominium associations during the last several years. Specifically, multiple legal issues have arisen from the blatant disregard of association governing documents… Read More »
