Communities
-
Allapattah
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Aventura
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Brickell
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Coconut Grove
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Coral Gables
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Doral
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Downtown
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Hialeah
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Miami Beach
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Pinecrest
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
South Miami
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Fisher Island
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Kendall
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Key Biscayne
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Palmetto Bay
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Cutler Bay
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
West Kendall
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Homestead
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Wynwood
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
Welcome to Southwest Ranches: Where Serenity Meets Community! - Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
-
North Bay Village
- Accounting & Bookkeeping
- Advertising & Marketing
- Air Conditioning
- Attorneys & Legal Services
- Auto Services
- Banking & Lending
- Bars & Clubs
- Business Consulting
- Car Dealers
- Car Rental, Taxi, Limo
- Chambers & Associations
- Child Care
- Education
- Electricians
- Faith
- Fitness and Wellness
- Home Goods
- Home Repairs
- Hotel & Travel
- Insurance
- Medical
- Nonprofits
- Plastic Surgery
- Plumbers
- Printing
- Professional Services
- Real Estate
- Restaurants
- Shipping & Logistics
- Shopping
- Spa & Beauty
- Web & Graphic Design
- Technology
Widgetized Area
This panel is active and ready for you to add some widgets via the WP Admin
Frank Perez-Siam – Florida Condo Law Explained
Florida Condo Law Explained: What Every Board Member Should Know About Running a Compliant Association
Introduction
Serving on the board of a condominium or homeowners’ association is an important responsibility. Board members are entrusted with making decisions that affect property values, community operations, financial stability, and the quality of life for every resident. However, many volunteer board members quickly discover that Florida’s community association laws are complex and constantly evolving.
Understanding your legal obligations can help your association avoid costly disputes, improve governance, and maintain compliance with state law. Working with experienced legal counsel allows boards to make informed decisions while protecting both the association and its members.
Below are several key areas every Florida condominium and homeowners’ association board should understand.
Governing Documents Matter More Than Most People Realize
Every association operates under a collection of governing documents, each serving a different purpose.
These documents commonly include:
Declaration of Condominium or Declaration of Covenants
Articles of Incorporation
Bylaws
Rules and Regulations
Although many owners refer to everything as “the bylaws,” each document has a unique legal function.
For example, the Declaration generally establishes ownership rights, use restrictions, maintenance responsibilities, and other property-related obligations. The Bylaws primarily govern how the association operates, including board meetings, elections, officer responsibilities, voting procedures, and notice requirements.
Understanding which document controls a particular issue is often the first step toward resolving disputes properly.
Board Meetings and Elections Must Follow Florida Law
Association meetings and elections are governed by both Florida statutes and the association’s governing documents.
Even minor procedural errors can create significant legal problems.
Examples include:
Improper meeting notices
Failure to satisfy quorum requirements
Election irregularities
Improper voting procedures
Failure to maintain required records
These mistakes can result in administrative complaints, legal challenges, or the need to repeat an election.
Proper planning and legal guidance help boards minimize these risks while maintaining transparency and owner confidence.
Official Records Requests Require Prompt Attention
Florida law generally provides owners with the right to inspect certain official association records.
Associations should have procedures in place to respond to these requests within the applicable statutory deadlines.
Failure to respond appropriately can expose the association to unnecessary disputes and potential statutory consequences.
Maintaining organized records and following established procedures benefits both the board and the membership.
Delinquent Assessments Affect the Entire Community
Association assessments fund essential community operations, including:
Insurance
Landscaping
Maintenance
Utilities
Property management
Reserve funding
Repairs
When assessments go unpaid, the financial burden impacts every owner.
Florida law establishes procedures associations may use to pursue unpaid assessments. These procedures generally include multiple statutory notices before additional legal remedies become available.
Addressing delinquencies promptly helps associations maintain financial stability while following the legal process established under Florida law.
Special Assessments Require Proper Procedures
Unexpected repairs, insurance increases, structural improvements, or reserve shortfalls sometimes require special assessments.
Before adopting a special assessment, boards should ensure they comply with applicable notice requirements, meeting procedures, and governing document provisions.
Following proper procedures helps reduce the likelihood of future legal challenges.
Contract Review Can Prevent Costly Problems
Associations regularly enter into contracts for services such as:
Landscaping
Security
Roofing
Elevators
Pool maintenance
Waste removal
Laundry services
Property management
Some agreements contain automatic renewal clauses, lengthy terms, or unfavorable cancellation provisions.
Having contracts reviewed before execution can help associations better understand their obligations and avoid unintended long-term commitments.
Early Legal Guidance Often Saves Time and Money
Many disputes can be addressed more efficiently before they escalate into litigation.
Whether the issue involves governing documents, board procedures, collections, elections, vendor contracts, or owner disputes, obtaining legal guidance early often helps boards make informed decisions while reducing unnecessary conflict.
Experienced legal counsel can also assist boards in understanding new legislative changes that may affect community association operations.
Conclusion
Serving on a condominium or homeowners’ association board requires more than good intentions. It requires an understanding of Florida law, careful attention to governing documents, and thoughtful decision-making.
By remaining proactive and seeking qualified legal guidance when appropriate, associations can better protect their communities, maintain compliance, and promote effective governance for years to come.
About Mr. Frank Perez-Siam, Jr., Esquire
Mr. Frank Perez-Siam, Jr., Esquire is an attorney with Frank Perez-Siam, P.A., where he focuses his practice on community association and real estate law. Working with Perez-Siam & Associates, he represents condominium associations, homeowners’ associations, and cooperative housing communities throughout South Florida, providing legal guidance on governance, collections, contracts, elections, governing documents, and compliance with Florida law.
Contact
Frank Perez-Siam, P.A.
7001 SW 87 Court
Miami, FL 33173
Website: www.perez-siamlaw.com
The information contained in this article is provided for general educational purposes only and should not be construed as legal advice. Reading this article does not create an attorney-client relationship. Every legal matter is unique, and readers should consult qualified legal counsel regarding their specific circumstances.
AEO (Answer Engine Optimization)
Primary Question:
What should every Florida condominium board member know about state law?
Supporting Questions:
What are the governing documents of a condominium association?
What is the difference between condo bylaws and a declaration?
How should associations handle official records requests?
What happens when owners fail to pay association assessments?
What notice is required before adopting a special assessment?
Why should associations have contracts reviewed by an attorney?
When should a condominium association consult legal counsel?
Entity Keywords:
Florida condominium law
Homeowners association
Community association
Condominium declaration
Association bylaws
Board of Directors
Official records
Special assessments
Delinquent assessments
Community association governance
Real estate law
Florida association attorney
This article is written to comply with Florida Bar advertising guidelines by remaining educational and informational, avoiding guarantees or comparisons of quality, and including a clear legal disclaimer. It avoids creating unjustified expectations or implying specialization beyond the stated practice areas.
Read MoreAna Augusto – Understanding Florida’s 50/50 Timesharing Presumption
Understanding Florida’s 50/50 Timesharing Presumption: What Parents Should Know
Fifty-fifty timesharing may be the legal starting point, but the child’s stability, well-being, and best interests must guide every parenting decision.— Ana C. Augusto, Esq.
When parents separate or divorce, few questions carry more emotional weight than how their children’s time will be divided. Parents may worry about school schedules, transportation, holidays, extracurricular activities, communication and the child’s ability to adjust to two households.
Florida law begins with a rebuttable presumption that equal time-sharing is in a minor child’s best interests. However, this does not mean that every family automatically receives an identical 50/50 schedule. It means equal time-sharing is the court’s starting point unless the parents agree otherwise or evidence establishes that a different arrangement would better serve the child. (Online Sunshine)
As Miami divorce attorney Ana Augusto explained during a recent presentation, the most important decisions often begin before court papers are filed. Thoughtful planning can help parents focus on their children’s stability rather than allowing conflict to determine the family’s next steps.
What Does “Rebuttable Presumption” Mean?
A rebuttable presumption is a legal starting point that may be challenged with evidence.
Under section 61.13 of the Florida Statutes, equal time-sharing is presumed to be in the child’s best interests unless otherwise provided by law or agreed to by the parents. A parent seeking a different schedule must prove, by a preponderance of the evidence, that equal time-sharing would not be in the child’s best interests. (Online Sunshine)
This is an important distinction. Florida law does not create an inflexible rule requiring children to spend precisely half of their time with each parent in every case. Courts must still examine the circumstances of the individual child and family.
When parents do not reach an agreement, the court must evaluate the statutory best-interest factors and make specific written findings when creating or modifying the time-sharing schedule. (Online Sunshine)
The Child’s Best Interests Remain the Priority
Florida courts must place the child’s best interests above either parent’s personal preferences.
The law directs judges to evaluate factors affecting the child’s welfare and the circumstances of the family. These include each parent’s ability and willingness to:
Encourage a close and continuing relationship between the child and the other parent
Follow the time-sharing schedule and respond reasonably when changes are necessary
Place the child’s needs ahead of personal anger or conflict
Accept and perform parental responsibilities
Maintain a stable and satisfactory environment
Create a geographically workable parenting plan
For school-age children, the court may pay particular attention to travel time, the distance between the parents’ homes and whether the proposed arrangement is practical during the school week. (Online Sunshine)
A parent may desire equal time-sharing, but the schedule must work in practice. Living far from the child’s school, having an unpredictable work schedule or depending heavily on others to perform parenting responsibilities may affect the court’s analysis. No single factor automatically decides a case, and the importance of each factor depends on the family’s circumstances.
Equal Time-Sharing Requires More Than Counting Overnights
A successful parenting plan is not simply a calendar divided into equal blocks.
Parents should consider how the child will move between homes, attend school, complete homework, participate in activities and maintain relationships with extended family. They should also decide how medical appointments, school meetings, vacations and unexpected schedule changes will be handled.
Florida parenting plans generally address subjects such as:
The regular weekday and weekend schedule
Holidays, school breaks and summer vacation
Transportation and exchange locations
Education and health-care decisions
Communication between the child and each parent
Responsibility for extracurricular activities
Methods for resolving future disagreements
A parenting plan is required in Florida cases involving time-sharing with minor children, even when the parents do not dispute the schedule. (Florida Courts)
The most effective arrangements are often those that are detailed enough to prevent recurring disputes while remaining flexible enough to accommodate a child’s changing needs.
School Location and Transportation Can Become Critical
Where each parent lives can significantly affect whether an equal schedule is practical.
A parent who moves across town to create distance from the other parent may unintentionally make school transportation, morning routines and extracurricular participation more difficult. Florida law expressly includes the geographic viability of a parenting plan among the factors courts may consider, with special attention to school-age children and the time required for travel. (Online Sunshine)
Before moving, signing a lease or purchasing another home, a parent should consider:
How long the school commute will take during peak traffic
Who will handle morning drop-off and afternoon pickup
Whether the child can remain involved in current activities
How exchanges will affect homework, sleep and meals
Whether the proposed location supports the requested schedule
A housing decision made during an emotionally difficult period can have long-term consequences. Obtaining legal advice before making a major move may help a parent understand how that decision could affect a future parenting plan.
Shared Parental Responsibility Is Different From Time-Sharing
Time-sharing describes when a child is with each parent. Parental responsibility concerns who makes important decisions for the child.
Florida law generally requires shared parental responsibility unless the court finds that sharing responsibility would be detrimental to the child. A court may give one parent ultimate authority over certain subjects, such as education or health care, or may divide specific responsibilities between the parents when doing so serves the child’s best interests. (Online Sunshine)
Therefore, an equal time-sharing schedule does not necessarily mean that every decision must be made in exactly the same manner. The parenting plan should explain how decisions will be made and what happens when the parents disagree.
Domestic Violence, Abuse and Safety Concerns
The equal time-sharing presumption does not override legitimate safety concerns.
Florida courts must consider evidence of domestic violence, child abuse, abandonment, neglect and other circumstances that may place a parent or child at risk. Depending on the evidence, a court may restrict time-sharing, require safeguards or award sole parental responsibility when necessary to protect the child or an abused parent. (Online Sunshine)
Parents facing immediate danger should prioritize safety and obtain advice appropriate to their circumstances. General information about cooperative parenting should never be interpreted as requiring direct contact or informal exchanges when violence, threats or abuse are present.
Why Mediation Can Offer Greater Flexibility
When parents are able to negotiate safely and productively, mediation may provide more flexibility than litigation.
A judge must apply Florida law to the evidence presented. Parents in mediation may be able to develop a more customized plan addressing work schedules, school demands, religious observances, travel, extended family and the child’s individual needs.
Possible arrangements might include:
A traditional week-on, week-off schedule
A shorter rotating schedule for younger children
Unequal school-week time with additional holidays or summer time
Different schedules during the school year and summer
Gradual transitions when a parent has not recently exercised substantial parenting time
Any agreement must still be reviewed and approved by the court. Mediation is also not appropriate in every situation, particularly when safety, coercion or a serious imbalance of power prevents meaningful negotiation.
Parents Should Avoid Impulsive Decisions
Separation can cause people to act from anger, fear or frustration. A parent may move from the marital home, change a child’s routine, withhold communication or confront the other parent without fully considering the legal and practical consequences.
Even when a parent believes an informal agreement exists, circumstances can change quickly. Text messages and verbal understandings may not provide the same protection as a properly prepared and court-approved parenting plan.
Before taking significant action, parents should consider whether the decision:
Promotes the child’s stability
Supports continued involvement by both parents when appropriate
Is consistent with existing court orders
Could be misunderstood or used as evidence later
Creates unnecessary conflict or safety concerns
Legal strategy should be based on the facts, applicable law and the child’s needs—not solely on what feels emotionally satisfying at the moment.
What Unmarried Parents Should Understand
Unmarried parents should not assume that signing a birth certificate or acknowledging paternity automatically creates a complete parenting plan.
Florida law provides methods for establishing paternity. Once paternity is legally established, both parents may be recognized as the child’s natural guardians. However, parental responsibility, child support and an enforceable parenting plan and time-sharing schedule may still need to be established through an action under Florida’s paternity laws. (Online Sunshine)
The exact legal position depends on how paternity was established, whether a court order already exists and the family’s circumstances. An unmarried parent seeking enforceable time-sharing or decision-making rights should obtain advice before assuming that an informal arrangement provides adequate protection.
Planning for the Child’s Future
Divorce and separation change the rhythm of family life. Children may have to adjust to two homes, different routines and reduced daily contact with each parent.
A well-considered parenting plan can provide predictability during that transition. Parents should focus not only on the schedule they want today, but also on how the arrangement may work as the child grows.
Questions worth discussing include:
What schedule provides the greatest stability?
How will school decisions be made?
How will parents communicate about medical care?
What happens when work obligations change?
How will holidays and family traditions be preserved?
How will disagreements be addressed without involving the child?
Is the proposed plan realistic for both households?
The goal is not to “win” the most time. It is to create a workable structure that protects the child’s relationship with each parent while addressing the child’s individual needs.
A Conversation Before a Courtroom
Family-law decisions can affect children and parents for years. That is why early planning matters.
As Ana Augusto emphasized in her presentation, meeting with a divorce attorney should involve more than discussing what has already gone wrong. It should include an honest conversation about the parent’s present circumstances, future goals and the practical realities of raising a child after separation.
Florida’s equal time-sharing presumption provides a starting point. The final parenting plan, however, must be based on the child’s best interests and the facts of the particular family.
Parents considering separation, divorce or a paternity proceeding may benefit from obtaining legal guidance before moving, changing the child’s schedule or entering an informal agreement.
About Ana Augusto, Esq.
Ana Augusto is a Miami divorce attorney who assists clients with Florida family-law matters.
Ana Augusto, Esq.
Telephone: (305) 507-7655
Office: Ocean Bank Building
7951 S.W. 40th Street, Suite 202
Miami, Florida 33155
https://augustolaw.com/
To discuss how Florida’s time-sharing laws may apply to your circumstances, contact Ana Augusto’s office to request a consultation.
Legal Disclaimer
This article is provided for general informational and educational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from an attorney familiar with the facts of a particular matter. Reading this article, visiting a website or contacting the attorney does not by itself create an attorney-client relationship. Florida family-law matters are fact-specific, and laws, court rules and legal interpretations may change. No result is promised or guaranteed. Consult a licensed Florida attorney regarding your individual circumstances.
Jared Heller – Estate Planning Isn’t About Death—It’s About Protecting the People You Love
The best probate case is the one that never happens. Thoughtful estate planning today can protect your family from unnecessary conflict tomorrow.— Jared W. Heller, Esq.
Estate Planning Isn’t About Death—It’s About Protecting the People You Love
When many people hear the words estate planning, they immediately think about death. While planning for the future is certainly part of the process, estate planning is ultimately about making informed decisions that can help protect the people and assets that matter most to you.
An estate plan allows you to communicate your wishes, identify trusted decision-makers, and organize important legal documents before they are needed. It can also provide guidance for your loved ones during difficult times and help them navigate important decisions with greater clarity.
At Heller Espenkotter, our attorneys work with individuals and families to develop estate plans tailored to their unique goals, circumstances, and priorities.
Why Estate Planning Matters
Estate planning is not limited to retirees or individuals with substantial wealth.
Whether you own a home, operate a business, have children, or simply want your healthcare preferences and financial decisions documented, an estate plan can provide an important legal framework for the future.
Depending on your individual needs, an estate plan may include:
Last Will and Testament
Revocable or Irrevocable Trusts
Durable Power of Attorney
Healthcare Surrogate Designation
Living Will
Beneficiary Designations
Asset Titling Strategies
Each document serves a different purpose and should be prepared based on your personal circumstances and objectives.
Planning Before Problems Arise
One of the greatest advantages of estate planning is the opportunity to make important decisions while you have the ability to do so.
Life circumstances can change unexpectedly due to illness, injury, or other unforeseen events. Taking the time to prepare an estate plan today allows you to document your wishes and designate trusted individuals to act on your behalf if necessary.
Without planning, families may be required to navigate additional legal procedures, and disagreements may arise regarding important financial or personal decisions.
Although every situation is different, thoughtful planning may help provide greater clarity and direction during challenging times.
Understanding Probate
Probate is the legal process through which a deceased person’s estate is administered according to Florida law.
Depending on the assets involved and the circumstances of the estate, probate may include:
Appointment of a Personal Representative
Identification of heirs and beneficiaries
Payment of valid debts and expenses
Distribution of assets
Court oversight when required
Certain planning strategies may allow some assets to transfer outside of probate, depending on how those assets are owned or designated. An attorney can help explain which options may be appropriate for your situation.
Estate Planning and Probate Litigation
Estate planning and probate litigation often involve many of the same legal documents, but from different perspectives.
While estate planning focuses on preparing documents that reflect an individual’s wishes, probate litigation addresses disputes that may arise during estate administration.
These disputes can involve issues such as:
Challenges to a Will
Trust disputes
Questions regarding legal capacity
Allegations of undue influence
Fiduciary disputes
Guardianship matters
Inheritance disagreements
An attorney who has experience representing clients in both estate planning and probate litigation may be able to identify issues that deserve careful consideration during the planning process.
Protecting More Than Assets
Estate planning is about more than distributing property.
It also provides an opportunity to clearly communicate your wishes and establish a legal framework for future decision-making.
Families often face emotionally difficult circumstances following the illness or loss of a loved one. Having clear legal documents in place may reduce uncertainty and help family members better understand your intentions.
Every family has unique dynamics, which is why estate planning should be personalized rather than relying on generic forms or one-size-fits-all solutions.
Estate Planning Should Evolve With Your Life
An estate plan should be reviewed periodically as your life changes.
Common reasons to update an estate plan include:
Marriage
Divorce
Birth or adoption of a child
Purchasing or selling property
Starting or selling a business
Retirement
Significant financial changes
Changes in Florida law that may affect your planning
Regular reviews help ensure your estate planning documents continue to reflect your current wishes and circumstances.
Taking the First Step
Many people delay estate planning because they believe they have plenty of time or assume it is only necessary later in life.
Beginning the planning process allows you to consider your options, ask questions, and document your wishes before unexpected events occur.
An estate plan is not simply a collection of legal documents. It is an opportunity to thoughtfully prepare for the future while providing guidance for the people who matter most.
About Jared W. Heller
Jared W. Heller is an Associate Attorney at Heller Espenkotter, where he focuses his practice on estate planning and probate litigation. He represents clients in matters involving trust and will contests, fiduciary disputes, inheritance issues, guardianship proceedings, and estate administration. Jared also assists clients with estate planning, drawing on his experience handling contested trust and estate matters.
Prior to joining Heller Espenkotter, Jared practiced probate litigation at Stolzenberg Gelles Flynn & Arango, LLP in Coral Gables. He is a member of The Florida Bar’s Real Property, Probate & Trust Law Section and earned his Bachelor of Arts in Neuroscience from Tulane University before receiving his Juris Doctor, with honors, from the University of Miami School of Law.
Contact Heller Espenkotter
If you are considering creating or updating an estate plan, consulting with an attorney can help you better understand the legal options available based on your individual circumstances and goals.
Jared W. Heller
Associate Attorney – Estate Planning & Probate Litigation
3250 Mary Street, Suite 204
Coconut Grove, FL 33133
Office: (305) 777-3765
Fax: (786) 749-5296
Email: jared@hellerlawgroup.com
Legal Disclaimer
Disclaimer: This article is provided for general informational and educational purposes only and should not be construed as legal advice. Reading this article does not create an attorney-client relationship with Heller Espenkotter or Jared W. Heller. Every legal matter is unique, and the information presented may not apply to your specific circumstances. You should consult with a qualified attorney regarding your individual legal needs before making decisions that may affect your legal rights or obligations.
Denise Sainz – Should You Buy or Wait?
Should You Buy or Wait? Understanding Today’s South Florida Market
By Denise Sainz, MBA
Real Estate Advisor | The Sainz Group
If you’ve been following the headlines, you’ve probably asked yourself the same question many South Floridians are asking:
“Should I buy now, or should I wait?”
It’s a reasonable question. Mortgage rates have fluctuated, inventory has improved in some neighborhoods, and buyers are hearing mixed opinions from friends, family, and social media. The truth is, there isn’t a universal answer. The right decision depends on your financial situation, your long-term goals, and the local market you’re shopping in.
As a Real Estate Advisor serving Hialeah, Miami Lakes, and communities throughout South Florida, I encourage my clients to look beyond headlines and focus on what makes sense for their individual circumstances.
The Market Is Normalizing
After several years of extraordinary market conditions, South Florida is experiencing a more balanced environment.
Many neighborhoods now offer buyers:
More homes to choose from
More time to evaluate properties
Greater opportunities to negotiate
Increased seller concessions in certain transactions
That doesn’t necessarily mean prices are falling across the board. Well-maintained homes in desirable neighborhoods continue to attract strong interest, particularly in communities with excellent schools, convenient transportation, and established amenities.
The key is understanding that today’s market offers more opportunities for thoughtful decision-making than the fast-paced environment buyers experienced just a few years ago.
Waiting Has a Cost Too
Many buyers focus solely on mortgage interest rates when deciding whether to wait. While financing is certainly important, it’s only one piece of the equation.
Waiting may also mean:
Continuing to pay rent without building equity
Missing opportunities on homes that fit your needs
Facing future price appreciation in desirable neighborhoods
Competing with more buyers if interest rates decline
Every month you delay purchasing has its own financial implications, which should be considered alongside financing costs.
Buying Is About Lifestyle—Not Just Timing
Real estate shouldn’t be viewed only as a market decision.
It’s also a life decision.
Are you:
Outgrowing your current home?
Looking for a shorter commute?
Planning to start or grow your family?
Ready to invest in your future?
Relocating to South Florida?
If the answer is yes, those personal factors may be more important than trying to perfectly predict market conditions.
No one consistently buys at the absolute bottom of the market. Successful homeowners often make decisions based on long-term goals rather than short-term headlines.
Every Buyer Is Different
Two buyers can purchase the same home and have completely different financial outcomes based on their financing, savings, long-term plans, and monthly budget.
That’s why I believe every client deserves a personalized strategy rather than generic advice.
Whether it’s evaluating financing options, negotiating seller concessions, or understanding neighborhood trends, informed decisions create greater confidence throughout the buying process.
Hialeah and Miami Lakes Continue to Attract Buyers
Communities like Hialeah and Miami Lakes remain attractive because they offer strong neighborhoods, convenient access to employment centers, diverse housing options, parks, restaurants, shopping, and excellent connectivity throughout Miami-Dade County.
As South Florida continues attracting new residents and businesses, these communities remain desirable places to live and invest in your future.
The Bottom Line
Instead of asking, “Is this the perfect market?”, consider asking:
“Is this the right time for me?”
A well-planned purchase based on your financial goals and lifestyle is often more valuable than waiting for the “perfect” market, which may never arrive.
The best decision is an informed one.
“The best time to buy isn’t determined by headlines—it’s determined by your goals, your finances, and your future.” — Denise Sainz
Ready to Explore Your Real Estate Options?
Whether you’re buying your first home, upgrading, downsizing, or simply exploring today’s South Florida market, Denise Sainz is here to help you make informed decisions.
Denise Sainz, MBA
Real Estate Advisor | The Sainz Group
📞 (786) 229-2779
📧 denise@thesainzgroup.com
📸 @denisesainzrealtor
🌐 www.thesainzgroup.com
Serving Hialeah, Miami Lakes, and communities throughout South Florida.
Raposa Coffee Bets Big on Miami, Bringing Premium Ready-to-Drink Coffee to the Marlins, Heat and Wynwood
Screenshot
After spending nearly a decade building the brand from New York City through e-commerce and events around the world, Raposa Coffee is officially calling Miami home.
The premium ready-to-drink coffee company recently relocated its U.S. headquarters to South Florida after realizing nearly 95 percent of its customers were already in the United States. Now, it’s leaning into the move with partnerships with the Miami Marlins and Miami Heat, while planning its first U.S. flagship café and roastery in Wynwood, expected to open in early 2027.
Raposa Coffee is the Official Coffee of the Miami Marlins. Credit: Raposa Coffee.
“We realized the future of the business was here,” said founder and CEO Andrew Sokolow. “Miami gives us the opportunity to be closer to our customers, build meaningful partnerships, and create a production hub that can serve the entire country.”
Founded in New York City, Raposa Coffee never relied on a traditional storefront. Instead, the company focused on selling online and introducing the brand at conferences and events around the world. It also operated a roasting café in Europe before shifting its focus to the growing U.S. market.
The move to Miami is changing more than just the company’s address.
Screenshot
Rather than roasting overseas and shipping products into the U.S., Raposa will now roast and distribute from South Florida, giving customers a fresher product while streamlining distribution across the country.
Rethinking Ready-to-Drink Coffee
Raposa Coffee continues to grow beyond the café with an expanding portfolio of premium ready-to-drink coffees and teas, reflecting the company’s focus on innovation, convenience and quality. Credit: Raposa Coffee.
Raposa is taking a different approach to canned coffee.
While many ready-to-drink beverages are loaded with sugar, heavy cream and artificial ingredients, Raposa uses specialty-grade Brazilian coffee with vegan ingredients, minimal sugar and no artificial flavors, preservatives or unnecessary additives.
That philosophy has helped the brand find a home in professional sports, where more athletes and fans are looking for cleaner, better-for-you beverage options without sacrificing flavor.
Building a Miami Presence
Raposa products are already available at Miami Marlins games, with availability at Miami Heat games beginning this upcoming NBA season through a multi-year partnership.
The company also recently participated in the X Games in Sacramento and is preparing to open its flagship Wynwood café and roastery in early 2027. The space will serve as both a customer-facing café and the company’s national production headquarters.
Among Raposa’s signature drinks are the Nitro Cookie Dough Latte, Matcha Squeeze and its naturally blue Flight Foam, colored with blue spirulina rather than artificial dyes.
With its headquarters now in Miami, partnerships with two of the city’s major sports franchises and its first U.S. café on the way, Raposa Coffee is betting its next chapter will be built right here in South Florida.