Archive: January 2021


Can a Homeowners’ Association (HOA) Prohibit Rentals?

Can a Homeowners’ Association (HOA) Prohibit Rentals?

Jan 29, 2021

If you own a condo or home but want to rent it out to earn some passive income, you may be wondering, “Can my homeowners’ association (HOA) prohibit or restrict rentals?

The short answer is, “Yes.” A homeowners’ association can prohibit or restrict rentals. For example, many HOAs in Florida limit the number of leases per year or impose mandatory waiting periods before a homeowner is allowed to rent their unit.

If you are having disputes with your HOA or COA regarding rentals, you should contact our Tampa homeowners’ association attorney at HD Law Partners to discuss your particular situation.

Can HOAs prohibit rentals in Florida?

Generally, yes. Homeowners’ associations can either create rental restrictions or prohibit homeowners from renting out their units. However, under Florida Condominium Law, homeowners’ associations cannot amend their governing documents – known as a Declaration of Covenants, Conditions, and Restriction – unless at least two-thirds of the members approve the new measure.

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Posted in HOA/Property Management · By HD Law Partners

What is a Homeowners’ Insurance Appraisal and How Does It Work?

What is a Homeowners’ Insurance Appraisal and How Does It Work?

Jan 22, 2021

You most likely had your home appraised before purchasing it. However, home purchase appraisal and insurance appraisal is not the same thing.

If you are trying to determine how much your homeowners’ insurance company owes you through the appraisal process, do not hesitate to contact an experienced Sarasota homeowners’ insurance attorney to ensure that all of your damages and losses are taken into account when determining the value of your insurance claim.

Basically, the insurance appraisal process refers to the valuation of your insurance claim. Insurance companies use an appraisal to determine the value of the policyholder’s losses.

Both the insurer and the homeowner hire an independent and neutral appraisal to determine a fair settlement offer.

Your insurance company saying that your damages or losses are covered under your homeowners’ insurance policy is half the battle. There is no guarantee that your insurer’s settlement offer will reflect the full scope and extent of your losses.

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Posted in Homeowners Insurance · By HD Law Partners

My Homeowners’ Insurance Company Requests a Sworn Proof of Loss (SPOL): What Is It and What Should I Do?

My Homeowners’ Insurance Company Requests a Sworn Proof of Loss (SPOL): What Is It and What Should I Do?

Jan 15, 2021

If your homeowners’ insurance company requests a Sworn Proof of Loss, commonly referred to as SPOL, after you file a claim, you may not know how to respond because you don’t know what SPOL is.

Submitting a Sworn Proof of Loss, or SPOL, is a fundamental part of the homeowners’ insurance claims process. When you submit a SPOL and what information you provide in this legal document can affect the outcome of your insurance claim.

For this reason, it is important to understand what Sworn Proof of Loss is and contact an Orlando homeowners’ insurance attorney if your insurance carrier requested a SPOL.

Basically, a Sworn Proof of Loss is a statement that you are required to make under oath to your homeowners’ insurance company. In the SPOL, the claimant must detail the damages they sustained as a result of a covered loss (e.g., hurricane damage).

A SPOL is an affidavit that you submit to your insurance company. As you can guess, the information you provide in this statement could be used against you to undervalue or deny your homeowners’ insurance claim. For this reason, you should ensure that your SPOL is accurate, complete, submitted promptly, and does not contain any incorrect information.

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Posted in Homeowners Insurance · By HD Law Partners

When Is It Time to Contact a Florida Hurricane Insurance Attorney?

When Is It Time to Contact a Florida Hurricane Insurance Attorney?

Jan 6, 2021

Homeowners and commercial property owners in Florida know what it’s like to suffer from hurricane damage, tropical storms, and other acts of Mother Nature.

Many of them also know that getting compensated for the damages through their hurricane insurance is a tedious process. Unfortunately, Floridians are no strangers to dealing with uncooperative insurance adjusters or insurance companies that delay, undervalue, or deny hurricane insurance claims.

If this sounds like you, you should seek help from a hurricane insurance attorney in Florida to help you obtain the compensation you deserve to repair your damaged home or business property and replace damaged or destroyed items.

Do not hesitate to speak with a Fort Myers hurricane insurance attorney at HD Law Partners to discuss your options. Every minute counts.

Often, homeowners and business owners in Florida complain that their insurance company is delaying the claims process by:

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Posted in Hurricane Insurance · By HD Law Partners