Condominiums and the Interstate Land Sales Full Disclosure Act
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A PUBLICATION OF THE FLORIDA BAR REAL PROPERTY, PROBATE & TRUST LAW SECTION Condominiums and the Interstate Land Sales Full Disclosure Act – Part I Electronic Filing and Electronic Service (and Other Changes) Florida Sustainable Development & Growth Management in a Post-DCA Era Vol. XXXIV, No. 1 www.rpptl.org Fall 2012 IN THIS ISSUE: Chair’s Column : Strength of the Section - One Explanation ................................ 3 Evolution of the Lender-Required Arm’s Length Affidavit in Short Sales ........ 7 Beware of Clones and Ghosts! ........................................................................................... 9 Condominiums and the Interstate Land Sales Full Disclosure Act ..................10 RPPTL Law School Liaison Committee Update .......................................................12 Electronic Filing and Electronic Service (and Other Changes) .........................13 This newsletter is prepared and published Rider A. “Condominium Association Disclosure,” a part of the by the Real Property, Probate & Comprehensive Riders to the FR/BAR Residential Contract revised, Trust Law Section of The Florida Bar effective 09/12 ...................................................................................................................18 as a SERVICE to the membership. Florida Sustainable Development & Growth Management in a W. Fletcher Belcher, St. Petersburg Chair Post-DCA Era ......................................................................................................................21 Margaret Ann Rolando, Miami Gathering Support for the Supporting Organization: the Basics ......................22 Chair-Elect Construction Contracts Are Greener Thanks to the AIA SP Series .................25 Deborah Packer Goodall, Fort Lauderdale RPPTL Section Executive Council Meeting and 32nd Annual Legislative Secretary and Case Law Update – Report ................................................................................29 Andrew Marvel O’Malley, Tampa RPPTL Section Executive Council Meeting and 32nd Annual Legislative Treasurer and Case Law Update – Photos ................................................................................30 Debra L. Boje, Tampa Director, At Large Members Roundtables ..............................................................................................................................32 Michael A. Dribin, Miami Be Careful What You Wish For– Gifts to Drafting Attorneys ...............................36 Director, Probate & Trust Law Division ActionLine Now Searchable! .............................................................................................38 Michael J. Gelfand, West Palm Beach The 9th Annual Minority Mentoring Picnic ..................................................................39 Director, Real Property Law Division Do You Need a Mentor? ......................................................................................................39 George J. Meyer, Tampa Immediate Past Chair Legislator Supporters of the RPPTL Section during the 2012 Legislature ...40 Silvia B. Rojas, Miami Spotlight on the Title Insurance Committee ...............................................................42 Editor-in-Chief Resolution Recognizing the Service and Contributions of Scott Pence, Tampa William James Haley .......................................................................................................43 Managing Editor RPPTL PACs – Part of the Political Process ................................................................45 Shari D. Ben Moussa, Miami Real Estate Case Summaries ...........................................................................................47 Advertising Coordinator Probate Case Summaries ..................................................................................................50 Navin R. Pasem, Tampa What’s Happening Within the Section... .......................................................................59 Co-Editor, Real Property Law Bulletin Board ...........................................................................................................................60 Amber Jade F. Johnson, Maitland Co-Editor, Probate and Trust Law George D. Karibjanian, Boca Raton Editor, National Reports Hung V. Nguyen, Coral Gables Get Included in ActionLine! Editor, Short Articles Readers are invited to submit material for publication concerning real estate, probate, estate planning, estate and gift tax, guardianship, and Section members’ Jane Louise Cornett, Stuart Features Editor accomplishments. Kelly Nicole Catoe, Tampa ARTICLES: Forward any proposed article or news of note to Scott Pence at Photo Editor [email protected]. Deadlines for all submissions are as follows: Lynn M. Brady, Tallahassee ISSUE DEADLINE Design/Layout Spring January 31 Summer April 30 Statements or expressions of opinion or comments appearing herein are those of Fall July 31 the editors or contributors and not Winter October 31 The Florida Bar or the Section. ADVERTISING: For information on advertising, please contact Shari Ben Moussa at [email protected] PHOTO SUBMISSIONS: If you have a photo that you’d like to have considered for the cover, please send it to the photo editor, Kelly Nicole Catoe at [email protected] ABOUT THE COVER: GENERAL INQUIRIES: For inquiries about the RPPTL Section, contact Yvonne Beach Scene Sherron at The Florida Bar at 800-342-8060 extension 5626, or at ysherron@flabar. by Nicole Kibert org. Yvonne can help with most everything, such as membership, the Section’s website, committee meeting schedules, and CLE seminars. Page 4 • ActionLine • Fall 2012 The 9th Annual Minority Mentoring Picnic By Sharaine Sibblies, Esq., Carlton Fields, P.A., Miami, Florida he 9th Annual Minority Mentor- The purpose of the picnic is to Ting picnic, skillfully put together promote the mentoring of minority by the Kozyak Minority Mentoring law students and hundreds of suc- Foundation, is fast approaching! cessful mentor-mentee pairings Once again, the Real Property, have been made over the last nine Probate & Trust Law Section of years. Not only is it a great minor- the Florida Bar (“RPPTL”) will be ity mentoring event, but it is also a very proud sponsor. For those of a wonderful networking event for you who have not had the pleasure law students and legal profession- of attending this annual event, you als alike. Attendees spend hours are missing out! This year’s picnic visiting sponsors’ tables, meeting will be held on Saturday, November new faces, catching up with old 10, 2012, from 12:00 noon–4:00 contacts and attending a panel p.m. at the Amelia Earhart Park in discussion comprised of distin- Hialeah, Florida. guished speakers offering invalu- Year after year, this picnic proves able advice and guidance for law to be an event not to be missed, students and lawyers alike—all with the number of attendees in- Recent Mentoring Picnic in Central Florida. (Photo while eating, drinking and enjoying creasing each year. I have been courtesy The Florida Bar News.) the many other activities that the fortunate enough to attend this event every year since I was picnic has to offer. The best part is that this is an event for a first-year law student and mentee in 2004. the entire family. Not only are there quality mentoring and John Kozyak, Esq. of Kozyak Tropin & Throckmorton, P.A., networking opportunities, but also music, dancing, face the founder of the Kozyak Minority Mentoring Foundation (the painting and games for the kids, a volleyball tournament, “Foundation”), held the first minority mentoring picnic in 2003 a dunk tank and a petting zoo! with approximately 200 guests. Having grown exponentially The RPPTL Section is soliciting volunteers to sit at our over the years, the Foundation was proud to host close to sponsorship table this year to share with the attendees 3,500 attendees who came from all parts of Florida last year all the great benefits of our Section. Should you wish to to attend this fantastic event. In addition to local South Florida volunteer to sit at the RPPTL table, please contact me attendees, law schools from Central and North Florida ar- via e-mail at [email protected] or by phone at range buses to transport students to South Florida for the day 305-539-7378. to attend the picnic. Also in attendance are lawyers, judges, More information about the 9th Annual Minority Mentor- law school faculty, and other legal professionals, who are all ing Picnic can be found at http://www.kmmfoundation.org/ welcome to bring along their families and friends. picnic/ where you should also RSVP if you plan to attend. Do you need a mentor? here are many great reasons to be a member of the Real Property, Probate and Trust Law Section. However, in case Tyou need one more, think about asking for a mentor. Some years ago the RPPTL Section developed a program to provide mentors to young attorneys in the Section. The idea behind the program is to provide sustained, effective mentoring by helping the attorney with their development in the areas of professionalism, ethics and knowledge of the Section’s membership for purposes of networking and further guidance. While open to every Section member, our aim is to mentor young lawyers and lawyers of diverse backgrounds. The Section can provide the attorney with counsel and guidance as he or she starts the formative years of a practice. Fortunately, the Section has a number of experienced, successful attorneys who have volunteered their time to assist young attorneys