Brown & Kimpton, P.A. Brown & Kimpton, P.A. 2026-08-13T07:47:13Z https://www.brownlawandtitle.com/feed/atom/ WordPress /wp-content/uploads/sites/1203547/2025/02/cropped-brown-32x32.png On Behalf of Brown & Kimpton, P.A. <![CDATA[Understanding HOA and condo association disclosures in Pinellas County]]> https://www.brownlawandtitle.com/?p=50068 2026-07-22T05:03:37Z 2026-07-15T12:00:52Z Post-Surfside regulations and special assessment risks Following the 2021 Surfside building collapse, Florida enacted significant legislative updates to the Florida Condominium Act. Condominium associations with buildings three stories or higher must complete a Structural Integrity Reserve Study every ten years. This study evaluates critical components including load-bearing walls, roofing, foundation systems, and fire protection. Importantly, the law prohibits associations from waiving or underfunding reserve contributions for items identified in the study. Buyers should verify whether an association has completed its study and fully funded the required reserves. Gaps in this area can result in sudden, large special assessments passed on to unit owners.

Attorney review of bylaws, lease restrictions, and rules

Standard purchase agreements provide a limited window to review association governance documents. An attorney can identify provisions that may affect how you use or rent the property, including:
  • Lease restrictions such as minimum rental periods or caps on the percentage of units that can be rented at one time
  • Pet policies covering weight limits, breed exclusions, or maximum number of pets
  • Rules governing balcony modifications, window replacements, and interior renovation standards
Understanding these terms before closing prevents surprises that can affect both lifestyle and investment value.

Financial health and pending litigation

Sellers of condominium units must provide buyers with specific association documents. A thorough review should include the Estoppel Certificate, which confirms current fees and any outstanding balances. Beyond that, buyers should look for signs of financial strain such as high owner delinquency rates, underfunded reserves, or active litigation involving construction defects or vendor disputes. Lawsuits and financial shortfalls can lead to assessment increases that affect all unit owners.

Before your Pinellas County closing

Condo association documents are legally dense and easy to underestimate. If you are purchasing a condominium in Pinellas County, a real estate attorney in Pinellas County can review the disclosures, identify potential risks, and help you make a fully informed decision before you sign.]]> On Behalf of Brown & Kimpton, P.A. <![CDATA[Developing luxury homes in Pinellas County: protections for custom construction contracts]]> https://www.brownlawandtitle.com/?p=50066 2026-07-21T04:57:54Z 2026-06-15T12:51:51Z The risks of standard builder contracts Boilerplate contractor agreements often include provisions that leave homeowners with limited recourse if something goes wrong. Common problem areas include:
  • Liability caps and limited warranties that restrict the contractor's financial responsibility for construction defects and waive consequential damages such as temporary living costs or lost rental income
  • Vague completion deadlines that allow open-ended schedule extensions without penalty
  • Uncontrolled change orders that allow contractors to pass along material cost increases or design modifications with minimal owner oversight
Identifying and renegotiating these provisions before signing can prevent significant disputes down the road.

Restructuring payment schedules to inspection milestones

Calendar-based payment schedules release funds based on dates rather than progress. A milestone-contingent draw schedule ties each payment to a specific phase of construction passing independent inspection, such as foundation pour and municipal sign-off, structural framing, rough mechanical and plumbing inspections, and final completion with a certificate of occupancy. Retaining a percentage of the total contract amount until the punch list is fully resolved gives owners meaningful leverage at the end of the project.

Protecting your property under Florida construction lien law

According to state law, subcontractors, material suppliers, and laborers who contribute to your property can place a lien on your home if they go unpaid, even if you paid your general contractor in full. If a contractor mismanages funds, those unpaid parties can move to foreclose on the property. A well-drafted contract addresses this risk through a lien release protocol. Each draw payment should be conditioned on receiving partial releases of lien from all subcontractors and suppliers who filed a Notice to Owner for the prior billing cycle. Before final payment, the contractor should submit a sworn Final Payment Affidavit (like this document) confirming all parties have been paid, along with final lien releases from every subcontractor and supplier.

Before you sign

A custom luxury home should be a sound investment, not a source of legal exposure. If you are planning a construction project in Pinellas County, an attorney can review or negotiate your contract before you commit to any builder agreement.]]> On Behalf of Brown & Kimpton, P.A. <![CDATA[Resolving complex title defects on high-value Florida properties]]> https://www.brownlawandtitle.com/?p=50067 2026-07-21T05:07:51Z 2026-05-15T12:00:20Z Common complex title defects Several types of defects tend to affect high-value Florida properties:
  • Unresolved probate and heirship issues, including property passed informally through generations with missing heirs or unproved wills
  • Unreleased mortgages from decades past where the lender never recorded a formal satisfaction
  • Overlapping boundary disputes caused by errors in historical property descriptions
  • Breaks in the chain of title from forged instruments, wild deeds, or defective conveyances in the public record
Each of these requires a different legal approach depending on the nature of the defect and the parties involved.

The quiet title lawsuit

When administrative remedies or negotiated solutions are not available, the primary legal remedy in Florida is a quiet title action. This judicial proceeding establishes clear legal ownership and extinguishes adverse claims. The process involves filing a complaint in the circuit court where the property is located, serving known defendants or publishing notice for unknown claimants, obtaining a court judgment, and recording that judgment in the public record to establish marketable title. Timelines vary depending on the complexity of the case and the court's schedule.

Resolving high-value encumbrances and liens

An attorney can also negotiate, contest, or discharge significant liens that affect title:
  • Municipal code enforcement liens can often be reduced at formal hearings before local boards, settling accrued fines for a fraction of the total balance
  • Filing a Notice of Contest of Lien shortens the contractor's window to enforce the lien from one year to 60 days; a lien transfer bond can also free the title immediately for closing
  • For IRS federal tax liens, attorneys can pursue a Certificate of Discharge of Property from Federal Tax Lien, allowing the transaction to proceed while funds are held in escrow
The right approach depends on the type of lien, the amounts involved, and the transaction timeline.

Before your next transaction

A clouded title can delay closings and affect your ability to sell or refinance a property. If you are dealing with a title issue on a Florida property, a real estate lawyer can evaluate the defect and outline the steps needed to clear it.]]> On Behalf of Brown & Kimpton, P.A. <![CDATA[Privacy and Protection: Holding Florida Real Estate in Land Trusts and LLCs]]> https://www.brownlawandtitle.com/?p=50064 2026-07-17T15:43:48Z 2026-04-15T15:39:11Z Your name, your address and your net worth may be one public records search away from anyone who wants them. For high-profile buyers, that visibility can invite lawsuits and unwanted attention. Land trusts and LLCs offer two ways to reduce that risk.

How a land trust keeps your name off public records

Anyone can search your county property appraiser's website and see who owns a parcel. A land trust changes what that search reveals. A trustee holds legal title, so the deed shows only the trustee and the trust's name. You keep full control as the beneficiary through a private, unrecorded agreement.  Florida authorizes this under the Florida Land Trust Act. The law also treats your beneficial interest as personal property. That classification may stop certain personal judgments from attaching to the real estate.

Why an LLC adds a liability shield

Privacy alone may not protect you from a lawsuit. If a tenant gets hurt on your property, the trust offers little defense. An LLC may protect you in several ways:
  • Lawsuit containment: Claims tied to the property generally stay within the LLC.
  • Personal asset separation: Your savings and other investments may remain out of reach.
  • Creditor limits: Fla. Stat. § 605.0503 may restrict outside creditors to a charging order.
One weakness remains. Florida makes LLC ownership and management details public through the state's business records, so an LLC alone does not hide your identity.

The double-shield structure

Many owners pair both tools. The land trust holds title while the LLC serves as beneficiary. Public records show only the trust. Anyone who digs deeper finds the LLC, not you. This can deliver privacy and liability protection together. It only holds up if you keep LLC funds separate from personal accounts.

Pitfalls that can undo the strategy

Two missteps account for the majority of failed structures. First, conveying a homestead into an LLC can forfeit Florida's constitutional homestead protections, which attach only to natural persons occupying the property. A land trust that expressly reserves your right of occupancy may preserve that exemption. Second, nearly every residential mortgage contains a due-on-sale provision. Transferring title without the lender's written consent could permit acceleration of the entire loan balance.

Choosing the right structure for your property

A land trust can hide your ownership from public searches. An LLC can shield your personal assets. Pairing them may cover both concerns for anyone holding Florida real estate, if homestead and mortgage rules are respected. Getting this right early can prevent costly surprises. If your situation involves mortgaged parcels or contested claims, a real estate attorney can help you weigh your options.]]> On Behalf of Brown & Kimpton, P.A. <![CDATA[The 2026 Florida HOA law update: What every buyer needs to know]]> https://www.brownlawandtitle.com/?p=50007 2026-02-10T04:13:22Z 2026-02-10T04:13:22Z Understanding recent Florida HOA legal changes Florida updated community association laws to expand access to key records. Many HOAs with 100 or more parcels may need to keep a secure website or portal for owners. Condo associations with 25 or more units may face a deadline to post specific records online. You may also encounter building safety rules that apply to older, taller buildings. Florida law requires milestone inspections for certain buildings based on age and height. Condo laws also require certain buildings to undergo a structural reserve study and to maintain stricter reserve funding for major building components.

Evaluating buyer costs, disclosures and risks

Before you commit, you can use the records to spot the following cost drivers and red flags:
  • Budget and year-end financial reports that may show cash on hand
  • Reserve schedules that may outline planned repair funding
  • Special assessment notices or recent fee increases
  • Milestone inspection status and any follow-up repair plans
  • Insurance summaries and any pending lawsuit disclosures
When buying property in a Florida HOA or condo, you can evaluate the community’s finances and repair plan, not only the listing price.

Key considerations as you evaluate your next step

As you move closer to an offer, you may benefit from slowing down the review stage and asking more detailed questions about the community itself. Small details in association records can shape long-term expectations in ways that may not appear during a standard property review. Taking time to clarify unclear items or request missing information can help you approach the decision with greater awareness while keeping your options open.]]> On Behalf of Brown & Kimpton, P.A. <![CDATA[Exploring riparian rights and permits for a waterfront property]]> https://www.brownlawandtitle.com/?p=50005 2026-07-15T09:36:51Z 2026-01-15T09:58:31Z Buying waterfront property in Florida can seem simple, but the water rights that come with it are often more complicated than they first appear. For buyers, especially in the luxury market, knowing what you can and cannot do along the shoreline helps you plan for building docks, protecting views and enjoying the water.

What are riparian rights?

Riparian rights are the legal rights you may have to use the water next to your property. In Florida, the state usually owns the land under navigable waters, called sovereign submerged lands, while property owners may have rights along the water’s edge. These rights usually exist only if your property reaches the mean high-water line in tidal areas or the ordinary high-water line on lakes and rivers. If your lot does not reach these lines, you may not have full access to the water. Common riparian rights generally include:
  • Accessing the water: The ability to move from your property into the water, often with state rules in mind
  • Protecting your view: The right to a reasonable line of sight, though it does not guarantee an unobstructed view
  • Requesting permits: The ability to apply for permission to build a dock or pier over state-owned submerged land
  • Reasonable use: Using the water in ways that comply with public and environmental rules

Who owns the submerged land?

The land under Florida’s navigable waters is held by the state for public use, like boating and fishing. Most docks extend over these lands, so any new construction needs to balance private interests with public access. View protection is often important for high-end buyers. Florida courts generally allow property owners to keep a reasonable view of the water. Still, agencies may approve neighboring docks even if they partially block a view, as long as they consider the design reasonable.

How permits work?

Building a dock usually requires approvals at both the state and local levels. For most residential projects, the Florida Department of Environmental Protection or a regional Water Management District acts as the primary regulator. Key steps often include:
  • Confirming exemptions: Checking if your project needs a formal permit or qualifies for a simpler approval
  • Securing consent: Making sure the dock does not occupy state-owned land without official permission
  • Meeting standards: Following rules for water depth, protected habitats and seagrass areas
  • Coordinating protections: Following extra rules if the property is in an aquatic preserve

Checking details before buying

Waterfront features often play a central role in why you might choose a property, but careful review can prevent surprises later.  Start by reviewing the deed to confirm that your property includes riparian or littoral rights and to identify any gaps between your land and the water. Ordering a coastal survey can help map the current mean high-water line, which typically marks the legal boundary between your land and state-owned submerged areas. Also examine the permit history to confirm that any existing docks or marine structures received proper approval and that all permits remain valid. Finally, consulting a marine contractor or structural engineer can give insight into seawall stability and the potential for future changes under environmental rules. These steps help set realistic expectations for what the property allows now and what may be permitted in the future.

Making the most of your waterfront property

Owning waterfront property in Florida offers access to water and beautiful views, but the law shapes what is possible along the shoreline. Understanding riparian rights and how permits work, while taking thoughtful steps during the buying process, can help you enjoy your property with a clear sense of what may be feasible for building or use.]]> On Behalf of Brown & Kimpton, P.A. <![CDATA[AI, Deepfakes, and Real Estate Closings: How Brown & Kimpton, P.A. Keeps Your Transactions Safe (And Your Mom Happy!)]]> https://www.brownlawandtitle.com/?p=49807 2025-05-21T06:58:51Z 2025-05-21T06:50:35Z By Barbara M. Brown, Esq., Attorney Partner Mother's Day is just around the corner, and while you're busy planning the perfect brunch or picking out the best flowers, there's another thing you should be aware of: the sneaky world of AI and deepfakes. Yes, even in real estate, these digital tricksters can cause quite a stir. But don't worry, Brown & Kimpton, P.A. has got your back, ensuring your transactions are as safe as your mom's secret cookie recipe.

The Risks of Deepfakes in Real Estate

Imagine this: You're about to close on your dream home, and suddenly, a deepfake video of the seller pops up, claiming they never agreed to the sale. It's like a plot twist in a soap opera, but without the dramatic music. Deepfakes can impersonate property owners, buyers, or agents, leading to fraudulent transactions that could ruin your day faster than forgetting Mother's Day. Other risks include:
  • Fake Listings: AI can create fraudulent rental ads or property listings that deceive consumers. It's like finding out the "perfect" gift for mom is actually a dud.
    •  
  • Impersonation: Cybercriminals can use deepfakes to impersonate real estate professionals and gain access to sensitive information. Think of it as someone pretending to be your mom to get the last piece of cake.
    •  
  • Wire Fraud: Deepfakes can make wire fraud even more challenging to detect, as scammers use AI to create convincing fake identities. It's like someone stealing your mom's famous lasagna recipe and claiming it as their own.

How Brown & Kimpton, P.A. Protects Your Transactions

At Brown & Kimpton, P.A., we understand the importance of safeguarding your real estate transactions from these sophisticated threats. Our team employs several strategies to ensure your transactions are secure, so you can focus on making Mother's Day special:
  1. Advanced Verification Processes: We use cutting-edge technology to verify the identities of all parties involved in a transaction. This includes facial recognition software and AI-based tools to detect deepfakes. It's like having a superpower to spot fake smiles in family photos.
    2.  
  2. Secure Payment Procedures: Our firm implements strict security measures for payment processes, reducing the risk of wire fraud. We advise clients to be vigilant and provide warnings about potential deepfake crimes in our communications. Just like reminding you to double-check the gift receipt.
    3.  
  3. Continuous Monitoring: We continuously monitor transactions for any signs of fraud or manipulation. Our team is trained to spot inconsistencies and suspicious activities that may indicate the presence of deepfakes. It's like having a mom who always knows when something's up.
    4.  
  4. Client Education: We educate our clients about the risks of deepfakes and how to protect themselves. This includes advising them on secure communication practices and the importance of verifying information before proceeding with transactions. Think of it as giving you tips on how to make the perfect breakfast in bed.
    5.  
  5. Legal Expertise: Our experienced attorneys are well-versed in handling cases involving fraud and deepfakes. We provide robust legal representation to protect our clients' interests and resolve disputes effectively. It's like having a mom who can fix anything.

Conclusion

While AI and deepfakes present new challenges for the real estate industry, Brown & Kimpton, P.A. is committed to keeping your transactions safe. By leveraging advanced technology, implementing secure procedures, and educating our clients, we ensure that your real estate dealings are protected from fraud and manipulation. Trust us to provide the peace of mind you need in today's digital age, so you can focus on making Mother's Day unforgettable. For more information or to schedule a consultation, contact Brown & Kimpton, P.A. today.
: The Rise of Artificial Intelligence and Deepfakes : Don’t Let Deepfakes Hijack Your Transactions : Scammers Use Agent Deepfakes to Fool Buyers, Sellers : Brown & Kimpton, P.A.]]> On Behalf of Brown & Kimpton, P.A. <![CDATA[A Pirate Headed for Troubled Waters, You Mean You Signed a Contract Without an Attorney?]]> https://www.brownlawandtitle.com/?p=49777 2025-04-03T15:18:03Z 2025-04-03T15:14:23Z
  • Be proactive to protect yourself and your treasures; it will save you from being reactive only hiring an attorney once you are in a compromised position. Yes, us attorneys are crafty and can draw out good facts and create legal arguments to help, or negotiate settlements, but we are not magicians. And an iron clad binding contract usually cannot be broken without actual magic.
  • At the very least, know you can remove or cross out unfavorable terms and add language in contracts if you insist on a gamble and do not hire an attorney. There are few contract of adhesion, for instance your contract with your cell phone provider AT&T, where those terms are staying. But if you’re entering into a contract with a person or business, know that document doesn’t have to be signed “AS IS”. Too often people travel blindly to this on treacherous sea without throwing the garbage overboard and aiding their defense, pen in hand.
    • Ashley J. Likens, Associate Attorney Brown & Kimpton, P.A.]]>         On Behalf of Brown & Kimpton, P.A. <![CDATA[Celebrating Women in Law: A Look at Their Impact and Progress]]> https://www.brownlawandtitle.com/?p=49776 2025-04-03T04:38:30Z 2025-04-03T04:38:30Z The Evolution of Women in Law Women’s presence in the legal field dates back to the late 19th century, starting with Arabella Mansfield, the first woman to be admitted to practice law in the United States in 1869. Fast forward to 1981, when Sandra Day O’Connor became the first woman appointed to the U.S. Supreme Court — a momentous event that changed the trajectory of law for women. In what was once a male-dominated field, women now account for 41% of all lawyers in the United States — a significant 7% increase since 2014. This upward trend reflects the growing role of women in law, with key milestones signaling a shift toward greater equality:
    • 2016: Women became the majority of law school students.
    • 2020: Women made up the majority of general lawyers in the federal government.
    • 2023: Women surpassed men to become the majority of law firm associates.
    • 2025 (projected): Women are expected to become the majority of full-time law school faculty members.
    These milestones reflect not just progress, but the expanding influence and presence of women in every area of the legal profession.

    The Present and Future of Women in Law

    These achievements are not only groundbreaking for women currently working in the legal field, but also for aspiring female attorneys and young girls envisioning a future in law. Women have continuously proven — through their successes and dedication — that they are more than capable of thriving in the legal profession. A powerful example of this is seen in 2024, when a female attorney secured the largest verdict in Texas state history, amounting to an astounding $71.95 million. It’s accomplishments like these that underscore the critical role women now play in shaping the future of law. Looking back, the journey women have traveled in law is remarkable. From being denied admission to the bar simply because of their gender, to achieving monumental successes in courtrooms and law offices, the progress is undeniable. As we continue in the early stages of 2025, the legal profession is on the cusp of a new era. Could it be the "Year of Women in Law"? With the strides women have made and the bright future ahead, it's clear that women will continue to play a central role in shaping the future of the legal profession.]]>         On Behalf of Brown & Kimpton, P.A.. <![CDATA[Valentine’s Day and the Academy Awards almost always take place during the same month: February. But this year, the Academy Awards will be in March! I can barely keep up!]]> https://www.brownlawandtitle.com/?p=49663 2025-01-31T07:56:06Z 2025-01-31T07:44:37Z But what if they were married? If they had been married at the time of his disappearance, the marriage would have dissolved after he was declared dead by the court. In Florida, a person is presumed dead (1) if they’ve been absent from their last known domicile for a period of five years and (2) their absence is not satisfactorily explained after diligent search and inquiry. I know what you’re thinking, Counsel: Hey, wait a minute! Chuck was “only” on the island for four years and some change. Four-ish years ~quick math~ is less than five years, so he was still married to Kelly the whole time he was on the island! Did Kelly approve of her husband spending so much time on a beautiful island with Wilson (played by a Wilson® volleyball)? They sure spent a lot of time together. Hold the phone – Didn’t Kelly marry that guy from Law & Order? How could she marry him since she was already in a valid marriage? Isn’t that called bigamy and isn’t it illegal in each of the 50 states? (Yes). Couldn’t she face up to ten years in prison?? (Yes, under Texas law). It isn’t a good defense, but Kelly during her trial for felony bigamy, Kelly should scream: “HE WAS NEVER MARRIED TO ME ANYWAY! HE WAS MARRIED TO HIS JOB!!!” Case closed. Thankfully for Kelly unfortunately for Chuck, Florida law provides an exception to the five-year presumption of death clock in instances where the absent person was exposed to “a specific peril” (such as a plane crash). Such instances may be sufficient basis for a court to determine a person’s death “at any time” after the person’s exposure to the peril. Whew, that was a close one.

    What about the probate and estate planning issues? I’m glad you asked.

    First, before Chuck’s doomed departure, Kelly gave (or loaned, depending on which one is my client) him a gold pocket watch that belonged to her grandfather. Chuck claims that the watch saved his life. I disagree, as I am of the opinion that it was the cargo ship that rescued him. Chuck eventually returned the pocket watch to Kelly, stating that it should remain in her family since it was her grandfather’s. Even Chuck knows the importance of keeping sentimental family heirlooms amongst blood relatives. Next, What about Chuck’s Jeep? Kelly just hands Chuck the keys … where’s the paperwork? Does he have insurance? When was the last time he had an eye exam? Was it paid off? If not, will the bank come and repossess it? Is that why she was hiding it in her garage? Maybe they jointly titled it even though they were not married? (Bad idea, by the way). When she loaned him the pocket watch, he also gave her a little box. We’re supposed to infer that it is an engagement ring. Where is it? Did she open it? I’m sure he needs some cash, so she really should give it back to him so that he can sell it at a pawn shop or something. Had he had a revocable living trust-based estate plan, Chuck could have provided for Kelly and could have required that were she to marry, her husband would need to sign a prenup to protect trust assets in the event of a divorce, creditor, or judgment. And even though revocable trusts become irrevocable upon the death of the trustmaker, Chuck would almost certainly be successful by petitioning a court to modify the trust. Likewise, the current trustee (assuming it’s Kelly) could transfer trust assets into a new trust with different terms through a process called “decanting.” Tied through all of these movie examples are actual things that could happen to anyone. One thing’s definite: Cast Away would have been a lot less exciting if Chuck had planned his affairs properly. Chuck would have really benefitted from having a comprehensive estate plan. Except for the years that he was actually on the island. The potential litigation that could have surrounded that pocket watch – say, by one of Kelly’s cousins who states that “grandpa would never have” given Kelly the pocket watch Can you imagine if FedEx wanted to be petty and go after Chuck for opening the packages that he recovered from the crash? Hopefully the person who sent those ice skates purchased insurance. because she’ll probably just “give it to some boyfriend who falls in love with a volleyball” – would have paid for many networking lunches at the yacht club. Who owns it? Yes, she might have possession of it, but was it given to her in exchange for her promise to marry him? Since they did not get married, should he sue to get the ring back? She’ll probably say that it can’t be located. Chuck probably can track down where he bought it from so that he can find out how much it would cost at the time and place that he made a demand for it. “Grandpa would never have given you that watch. He always told me that he didn’t like you anyway. -- This is a family heirloom. Chuck is not related to Kelly by blood (so they’re not family) and they’re not related by While all of these issues are fun to think about, there are plenty of estate planning and probate issues to think about. After 4+ years on the island, Chuck returns home to Tennessee. There, he learns that his former dentist and Kelly have married So, she’s guilty of bigamy, isn’t she? Is bigamy still a crime in each of the 50 states? (Yes, it is). There is a I’m impressed! FedEx should give you a raise. But he was only on the deserted island for four years! And he wasn’t even alone that whole time if you include the companionship he received from Wilson. Had Kelly remarried before her marriage to Chuck was dissolved by death or divorce, she would have been guilty of bigamy. As of my writing this in January 2025, bigamy is still a crime in each of the 50 states. Tort law and family law aside, as an estate planning and probate attorney, I am most offended by the apparent and flagrant disregard that Chuck had for his personal affairs. I mean, he obviously loved Kelly: we’re supposed to infer that the box that he gives her before his fateful flight is an engagement ring. In The Wizard of Oz, probate pitfalls abound.]]>