I'm buying a condo in Broward County — what do I need to check after the Surfside reforms?

Condo buying in Broward changed fundamentally after the 2021 Champlain Towers South collapse and the Legislature's response, and diligence is now essential: The new safety-and-reserves regime: Florida law (SB 4-D and follow-on legislation) now requires condominium buildings three stories or taller to undergo MILESTONE structural inspections at 30 years of age (25 years if within three miles of the coast — which covers much of Broward's beachfront stock) and every 10 years after, and to complete a STRUCTURAL INTEGRITY RESERVE STUDY (SIRS) and FULLY FUND reserves for major structural components (roof, load-bearing walls, foundation, waterproofing, and more). Crucially, boards can no longer vote to waive or underfund these reserves. The practical effect across Broward has been large SPECIAL ASSESSMENTS and higher monthly dues as older buildings catch up on deferred maintenance and reserves. What to investigate before you close: - Milestone inspection status: Has the building completed its milestone inspection? What did it find? Are there required repairs, and how will they be paid for? - SIRS and reserves: Is there a completed reserve study, and are reserves adequately funded? Underfunded reserves signal future special assessments. - Budget and special assessments: Review the current budget, and ask specifically about any pending, approved, or anticipated special assessments — these can run into tens of thousands of dollars per unit for structural work. - Financials, litigation, and insurance: the association's financial statements, any litigation, and whether the building can obtain adequate (and affordable) insurance — some older buildings face insurance and financing difficulties. - Meeting minutes: recent board and members' meeting minutes reveal problems the seller may not volunteer. - Reserve and assessment disclosure: sellers and associations must provide certain disclosures; the buyer has a statutory right to review governing documents and financials during a cancellation period. Why it matters: A unit that looks like a bargain can carry six-figure assessment exposure in an aging, underfunded building. Conversely, a building that has completed its milestone inspection and funded its reserves is far more predictable. Given the stakes, many Broward condo buyers use a real estate attorney and a thorough document review during the contingency period — and walk away from buildings whose finances or structural status are troubling. Don't skip this diligence to win a bidding war.

How does the homestead exemption and "Save Our Homes" cap work for my Broward County property taxes?

Florida's homestead protections are among the strongest in the country and can save a Broward homeowner substantial money — but you must claim them: The homestead exemption: A Florida primary residence qualifies for up to $50,000 in exemptions from assessed value — a base $25,000 (applies to all taxes) plus an additional $25,000 (applies to non-school taxes) for assessed values above $50,000. You must OWN and OCCUPY the property as your permanent residence as of January 1 and FILE for the exemption with the Broward County Property Appraiser by MARCH 1. It's a one-time filing that renews automatically as long as you remain eligible. The "Save Our Homes" (SOH) cap — the big one: Once your property has homestead status, the annual increase in its ASSESSED value is capped at 3% (or the change in the CPI, whichever is lower). In an appreciating market like Broward's, this cap can save enormous amounts over time, because your taxable value grows slowly even as market value climbs. (When you sell and buy a new Florida homestead, you can PORT your accumulated SOH benefit — up to $500,000 — to the new home, so you don't lose the savings by moving.) The reset on sale: When a homesteaded property is sold, the SOH cap resets and the new owner's assessed value returns to market value — which is why a buyer's first-year tax bill is often much higher than the seller was paying. Budget for taxes based on market value, not the seller's capped bill, and file for your own homestead by March 1 after closing to start your own cap. Additional exemptions: seniors (with income limits, in participating jurisdictions), veterans and disabled veterans (including up to full exemption for certain service-connected disabilities), disabled persons, first responders, and surviving spouses may qualify for additional exemptions — check with the BCPA (bcpa.net; 954-357-6830). Creditor protection bonus: Florida homestead also carries constitutional protection from forced sale by most creditors (up to one-half acre in a city), one of the strongest asset shields in the nation. Challenging your assessment: If you think the BCPA over-assessed your property, you can petition the Value Adjustment Board — the deadline is typically in mid-September (25 days after the TRIM notice mails). Bring comparable sales and evidence of condition problems. Many owners also simply contact the appraiser's office informally first.

Why is homeowners insurance so expensive in Broward County, and what should buyers know?

Broward sits at the center of Florida's property-insurance crisis, and for buyers, insurance is now a make-or-break part of the deal: Why it's so expensive: Broward's coastal and canal geography, dense aging condo and roof stock, and severe hurricane and flood exposure make it one of the highest-risk insurance markets in the country. A turbulent Florida insurance market (carrier insolvencies, reinsurance costs, and litigation history) has driven premiums sharply higher and pushed many owners to CITIZENS PROPERTY INSURANCE CORPORATION, the state-created insurer of last resort, when private coverage is unavailable or unaffordable. Key features of Florida homeowners' policies: - Hurricane deductible: Separate from your standard deductible, a percentage-based HURRICANE deductible (commonly 2% of the dwelling's insured value) applies to hurricane losses — on a $500,000 home that's a $10,000 out-of-pocket before coverage kicks in. Know it before you buy. - Flood is EXCLUDED: Homeowners' policies do NOT cover flood. In Broward, where king-tide and rainfall flooding regularly reach beyond mapped high-risk zones, separate flood insurance (National Flood Insurance Program or private) is essential, and lenders require it in special flood hazard areas. Check the FEMA flood zone and the elevation certificate for any property. - Roof age and condition: Insurers scrutinize roof age; an older roof can make a home difficult or expensive to insure or force actual-cash-value-only roof coverage. This is a major factor in Broward's aging housing stock. The 2022–2023 reforms (SB 2A) that affect claims: The Legislature ELIMINATED one-way attorney's-fee awards and assignment-of-benefits (AOB) arrangements for property-insurance claims, tightened bad-faith rules, and SHORTENED claim deadlines — a new hurricane/windstorm claim generally must be reported within ONE YEAR of the loss (down from two), and supplemental/reopened claims within 18 months. These changes make prompt, well-documented claims and, when needed, retained counsel more important. Wind-mitigation credits: A wind-mitigation inspection can earn premium credits for hurricane-resistant features — roof-to-wall connections (straps/clips), impact-resistant windows and doors, a hip roof shape, and secondary water barriers. Getting one done can meaningfully reduce premiums. Buyer's takeaway: Get an insurance quote DURING your inspection period, not after — a home's insurability and premium (especially for older roofs, coastal locations, and condos with troubled associations) can be the deciding factor, and a property that's cheap to buy can be unaffordable to insure. For condos, also confirm the association's master policy and any assessment exposure for insurance shortfalls.

I'm a tenant (or landlord) in Broward County. What are the key rules under Florida law?

Florida's Residential Landlord and Tenant Act (Fla. Stat. Ch. 83) governs, and it differs from many states in important ways: No rent control: Florida law PREEMPTS local rent control, so no Broward city can cap rent — landlords may set and raise rent freely at lease renewal (with proper notice per the lease). Rapid rent increases are a major issue in Broward's tight housing market, but they're generally legal. Notice and eviction basics: - Nonpayment of rent: the landlord gives a 3-DAY notice (excluding weekends and legal holidays) to pay or vacate before filing eviction. - Other lease violations: a 7-DAY notice — either "cure" (fix it) or, for serious/repeat violations, "unconditional quit." - Month-to-month tenancy termination: 30 days' notice (increased in some situations by recent law and local ordinance). Evictions proceed through the COUNTY COURT: the landlord files suit, the tenant is served and must respond in writing (generally within 5 days), and — critically — a tenant contesting the eviction on non-rent grounds must typically DEPOSIT the disputed rent into the COURT REGISTRY to be heard. Only the sheriff executes a writ of possession; self-help lockouts, removing a tenant's belongings, and shutting off utilities are ILLEGAL and expose the landlord to statutory damages (up to three months' rent plus damages). Security deposits (Fla. Stat. §83.49): The landlord must handle the deposit in a prescribed way and, after move-out, has 15 days to return it (if no deductions) or 30 days to send a written notice of intended deductions by certified mail; a tenant who objects has 15 days to respond. A landlord who fails to give proper notice forfeits the right to keep the deposit. Repairs and habitability: Landlords must comply with building/housing codes and maintain the premises; tenants can, after 7-day written notice, withhold rent or terminate for material failures affecting habitability — but the procedure must be followed exactly, and paying rent into the registry is required to contest an eviction. Retaliation: A landlord may not retaliate (evict, raise rent, or harass) against a tenant for complaining to a government agency about code violations or exercising legal rights. Help: Legal Aid Service of Broward County (954-765-8950) and Coast to Coast Legal Aid of South Florida (954-736-2400) defend qualifying tenants; the county's housing and community-development programs and 211 connect residents to rental assistance. The single most important tenant move is to RESPOND to an eviction in writing and deposit the rent into the registry — failing to do so usually forfeits the case.

I'm facing foreclosure in Broward County. How does Florida's process work and what can I do?

Florida is a JUDICIAL foreclosure state, which gives homeowners more process and more time than the non-judicial states — every stage is an opportunity: The judicial process: A lender cannot simply auction your home. It must FILE A LAWSUIT (a foreclosure complaint) in the circuit court and record a lis pendens (notice of the pending suit) against the property. You are served and have 20 days to file a written response/answer. The case then proceeds through litigation — the lender must prove it owns the note and has standing to foreclose, that you defaulted, and the amount owed — before a court enters a FORECLOSURE JUDGMENT and sets a public auction (judicial sale). This process typically takes many months and can take over a year, especially if you defend. Your options and defenses: - Respond — don't default: Filing an answer (and asserting defenses) forces the lender to prove its case and buys time. Common defenses include lack of standing (the lender can't prove it holds the note), defects in the required notices, payment/accounting errors, and failure to comply with loss-mitigation or contractual pre-suit requirements. - Loss mitigation: Apply for a loan modification, forbearance, repayment plan, or (federal servicing rules) require the servicer to review a complete application; many judges refer foreclosure cases to MEDIATION, giving a structured chance to negotiate. - Reinstatement and payoff: You generally have the right to reinstate by paying the arrears (plus fees) up to a point, or to pay off the loan and stop the sale. - Bankruptcy: A Chapter 13 filing's automatic stay stops a foreclosure sale and lets you cure arrears over 3–5 years; Chapter 7 can discharge personal liability. Florida's unlimited homestead exemption often protects the equity. - Sell or short-sell: In Broward's generally strong market, many owners have equity worth capturing through a sale before the auction rather than losing it; a short sale or deed-in-lieu can resolve an underwater loan. Deficiency judgments: If the sale doesn't cover the debt, the lender can seek a deficiency judgment, but Florida limits the amount (generally the difference between the judgment and the property's fair market value) and has a shortened statute of limitations for pursuing residential deficiencies. After the sale: There's a period before the certificate of title issues; surplus funds from a sale that exceeds the debt belong to the former owner (and predatory "surplus recovery" schemes should be avoided — the clerk's process and legal aid can help you claim surplus). Beware scams: "Foreclosure rescue" operations that ask you to deed them your home or pay large upfront fees are typically fraud — report them to the Florida Attorney General. Help: Legal Aid Service of Broward County (954-765-8950) represents qualifying homeowners; HUD-approved housing counselors assist with loss mitigation; and because Florida's process is judicial, getting a defense on file early materially improves your options.

Real Estate Law in Broward County, Florida

Broward County real estate is defined by coastal geography, dense condominium development, and hurricane and flood exposure. Fort Lauderdale — the "Venice of America" — is laced with canals and waterfront property; the beachfront cities (Hollywood, Pompano Beach, Deerfield Beach, Lauderdale-by-the-Sea) are dominated by condominiums; and the western communities (Weston, Coral Springs, Miramar, Pembroke Pines, Parkland) are largely planned developments governed by homeowners' and community associations. Property records — deeds, mortgages, liens, plats — are recorded with the Broward County Records, Taxes and Treasury Division and are searchable online, and title is transferred through Florida's title-insurance-and-closing system (typically closed by a title company or real estate attorney; Florida is an attorney-optional closing state, but many transactions use attorneys given the prevalence of condos and complex title). The purchase process runs on standard Florida forms (the FR/BAR "As Is" residential contract is common), with an inspection period, escrowed deposits, and a title commitment whose exceptions (easements, restrictions, association documents) the buyer must review. Two features shape nearly every Broward transaction: association governance (condominium associations under Fla. Stat. Ch. 718 and homeowners' associations under Ch. 720, with assessments, approval rights, and lien-and-foreclosure powers) and insurance/flood exposure that can determine whether a property is affordable to own at all.

Condominium law has been transformed by the Surfside tragedy. After the 2021 collapse of the Champlain Towers South condominium in neighboring Miami-Dade, the Florida Legislature enacted sweeping condo-safety reforms (Senate Bill 4-D and follow-on legislation) that hit Broward's aging coastal condo stock hard: buildings three stories or higher must undergo "milestone" structural inspections at 30 years of age (25 years within three miles of the coast) and every 10 years thereafter, and associations must complete a Structural Integrity Reserve Study (SIRS) and FULLY FUND reserves for major structural components — reserves that boards can no longer waive or underfund. The practical result across Broward has been large special assessments, sharply higher monthly dues, and, for some older buildings, difficult financial choices, all of which a condo buyer must investigate before closing. Any Broward condo purchase now requires careful review of the association's milestone-inspection status, the SIRS and reserve funding, the budget and any pending or looming special assessments, litigation and insurance status, and the meeting minutes — because a bargain unit in an underfunded, aging building can carry six-figure assessment exposure. The statutory buyer's right to review condo documents during a cancellation period is more important than ever.

Property taxes and homestead protection are central to Florida ownership. Florida has no state income tax and funds local government substantially through property taxes; the Broward County Property Appraiser (BCPA; 115 S. Andrews Ave., Fort Lauderdale FL 33301; 954-357-6830; bcpa.net) assesses value each year, and combined millage (county, municipal, school, and special districts) produces the tax bill collected by the county. Florida's homestead exemption is a cornerstone benefit: a primary residence receives up to $50,000 in exemptions (a base $25,000 plus an additional $25,000 that does not apply to school taxes), and — critically — the "Save Our Homes" cap limits annual increases in the assessed value of a homestead to 3% (or the CPI, whichever is lower), a powerful protection in an appreciating market that can be PORTED to a new Florida homestead. Additional exemptions exist for seniors, veterans, disabled persons, and surviving spouses. Homestead status also carries Florida's famously strong CONSTITUTIONAL creditor protection — a homestead (up to one-half acre in a municipality) is protected from forced sale by most creditors without dollar limit — one of the strongest asset protections in the country. Owners who believe their assessment is too high can petition the Value Adjustment Board, typically by a mid-September deadline, and should file for homestead (by March 1) to secure the exemption and the Save Our Homes cap.

Insurance is the defining ownership challenge in Broward, and it has become a crisis. Hurricane and windstorm exposure, the county's flood-prone coastal and canal geography, aging condo and roof stock, and a turbulent insurance market have driven premiums sharply higher and pushed many owners to Citizens Property Insurance Corporation, the state-created insurer of last resort. Florida homeowners' policies carry percentage-based HURRICANE DEDUCTIBLES (commonly 2% of the dwelling value, a large out-of-pocket) separate from the standard deductible, and they exclude FLOOD — which, in a county where king-tide and rainfall flooding reach far beyond mapped high-risk zones, means separate National Flood Insurance Program or private flood coverage is essential, not optional, and lenders require it in special flood hazard areas. The 2022–2023 legislative reforms (notably Senate Bill 2A) reshaped property-insurance claims: they eliminated one-way attorney's-fee awards and assignment-of-benefits (AOB) arrangements for property-insurance claims, tightened bad-faith rules, and SHORTENED the deadlines to file claims — a new hurricane or windstorm claim generally must be reported within ONE YEAR of the loss (down from two), and a supplemental or reopened claim within 18 months. Wind-mitigation inspections can earn premium credits for hurricane-resistant features (roof straps, impact windows, roof shape). For buyers, obtaining an insurance quote during the inspection period is now a make-or-break diligence step, because a home may be unaffordable or hard to insure regardless of its price.

Landlord-tenant law, foreclosure, and association disputes round out Broward's real-estate legal landscape. Florida's Residential Landlord and Tenant Act (Fla. Stat. Ch. 83) governs rentals: there is NO rent control in Florida (it is preempted by state law), a landlord must give a 3-day notice for nonpayment of rent and a 7-day notice for other lease violations, security-deposit handling and return are regulated (with a 15/30-day notice framework for claiming deductions), and evictions proceed through the county court — tenants must respond and deposit disputed rent into the court registry to contest, and self-help lockouts and utility shutoffs by landlords are illegal with statutory penalties. Foreclosure in Florida is JUDICIAL — a lender must file a lawsuit (a foreclosure complaint with a lis pendens) and obtain a court judgment before a property is sold at a public auction, a process that typically takes many months and gives homeowners real opportunities to respond, contest standing, seek loss mitigation, or pursue mediation; deficiency judgments are possible but limited, and Florida's homestead protection and the judicial process give distressed owners more runway than in non-judicial states. Association (condo and HOA) disputes — over assessments, liens, fines, architectural rules, and the powerful association lien-and-foreclosure remedy — are a large part of Broward's real-estate docket, with many condo/HOA matters channeled to mandatory arbitration or pre-suit mediation through the state's Division of Florida Condominiums, Timeshares, and Mobile Homes. Legal Aid Service of Broward County (954-765-8950) assists income-qualifying tenants and homeowners, and the Broward County Bar Association (954-764-8040) refers to real-estate and community-association specialists.

Need real estate legal documents?

Leases, purchase agreements, quit-claim deeds — state-specific templates.

LawDepot 150+ state-specific legal documents Free trial · From $33/mo

Create Document →

ULF

US Legal Forms State-specific legal forms From $14.95

Browse Forms →

Sponsored links. Affiliate disclosure · Compare all options