Trust This: New Condo Laws Coming July 1
00 Trust This. Posts Trust This: New condo laws coming [...]
By Joseph E. Seagle, Esq.
👋 Happy Friday! Today is National Take Your🐕 Dog 🐕🦺 to Work Day. Of course, every day is “take your dog to work day” at our office. Visitors may be greeted by any number of pups when they stop by, but our office policy manual prohibits licking above the knees.
❗️Situation Awareness: Starting July 1, landlords can serve legal notices on tenants via email, provided certain steps are taken first.
Sweeping new reforms to Florida’s condo law take effect July 1, 2025, reshaping the landscape for thousands of buildings—and sending shockwaves through the real estate community.
Why it matters: Prompted by growing concern over aging buildings and post-Surfside accountability, the new legislation (HB 913) introduces streamlined standards for condominium governance, management, and structural oversight. For real estate professionals—realtors, brokers, investors, and title agents—this means more disclosures, higher transaction risk, and a reshuffling of due diligence protocols.
🔎 The big picture:
The law expands transparency and compliance obligations for condo associations and managers, requiring robust documentation, conflict-of-interest disclosures, and verified reserve funding plans.
All milestone inspections and structural integrity reserve studies (SIRS) must be independently verified—creating strict boundaries around who can profit from repair recommendations, and voiding contracts with undisclosed ties.
Digital compliance ramps up: Associations must post key records, inspections, permits, and board meeting recordings on mobile-accessible websites or apps.
🏗️ Key changes that impact deals:
All associations must maintain “adequate property insurance,” with costs based on independent replacement appraisals updated every 3 years.
Reserve funding cannot be waived for core structural items like roofs and load-bearing walls. These must now be funded by regular assessments, special assessments, loans, or credit lines—approved by majority vote.
Noncompliance could delay closings. Title agents will be watching for incomplete SIRS reports, undisclosed pending assessments, and improperly licensed managers.
Yes but: The new law also makes it easier for condo associations to open credit lines and use investments to finance structural upgrades and repairs rather than leaning solely on the owners to bear all of the financial burden immediately with special assessments.
💬 The bottom line: This is the most consequential reform to Florida condo law in years. Investors must underwrite buildings not just on aesthetics or location, but on their financial and structural integrity. Realtors and mortgage brokers will need to account for reserve obligations in affordability. And title agents must triple-check disclosures.
⚠️ Be smart: Run new diligence playbooks before listing or lending on any unit in a 3+ story building. The rules just changed.
Go deeper: Realtor online
A federal court has ruled that unsolicited calls offering to buy homes — not sell goods or services — don’t count as “telephone solicitations” under the Telephone Consumer Protection Act (TCPA). This decision could offer a sigh of relief to wholesalers, investors, and agents engaged in outbound cold-calling campaigns.
Driving the news: In Lombardo v. Holtzman, the court dismissed a TCPA class action claim brought against a homebuyer who contacted a property owner with an unsolicited offer to purchase. The court reasoned that the call didn’t qualify as a “telephone solicitation” because the caller wasn’t trying to sell anything — only to buy.
Catch up quick: The TCPA restricts unsolicited calls made using auto-dialers or pre-recorded messages. It also regulates “telephone solicitations,” defined as attempts to sell goods or services. Courts have traditionally interpreted this narrowly, and this case underscores that nuance.
Between the lines: For real estate professionals, the takeaway is significant:
Wholesalers and investors who cold-call to acquire properties may have legal cover from TCPA liability — as long as the pitch is purely a buy offer.
Realtors and mortgage brokers, however, who offer services or financing still fall under stricter TCPA scrutiny.
Title agents working B2B may have more leeway, but should be cautious when contacting consumers directly.
Yes, but: The court emphasized the need to examine the “true purpose” of the call. If a so-called buy offer is merely a ploy to pitch services, it could still be considered a solicitation.
What’s next: Expect more plaintiffs to test these boundaries — especially in jurisdictions without binding precedent. Professionals relying on cold outreach should review scripts, ensure opt-out compliance, and consider consulting legal counsel.
The bottom line: This ruling marks a tactical win for homebuyers who source deals by phone — but it’s not a free pass. How you frame the call still matters.
Collective is the first all-in-one financial solution exclusively for solopreneurs. Members save an average of $10,000 a year by optimizing their taxes via an S Corp.*
Membership includes:
LLC and S Corp formation
Payroll
Monthly bookkeeping
Quarterly tax estimates
Annual business tax filing
Access to a team of experts
Enjoy peace of mind while maximizing your profits, and enjoy extra time to focus on growing your business.
Use code SPRINGFREE at checkout and get your first month free!
*Based on the average 2022 tax savings of active Collective users with an S Corp tax election for the 2022 tax year
7 ways real estate investors can prepare for potential tax law changes coming their way. Bigger Pockets
10 affordable cities where investors are snapping up inventory. Realtor
$12 billion U.S. tourism wipeout. Bloomberg (gift link)
31% increase in premium requested by insurer. Palm Beach Post
75% of Florida’s housing markets are in trouble. Newsweek
34%: The percentage increase in Florida’s average insurance premiums since 2022. Insurance Journal
0%: Amount the Fed changed its benchmark lending rate this week. HousingWire
33% of Baby Boomers say they’ll never sell their home. Redfin
-0.8% price depreciation shows in Florida’s home prices between April 2024 and April 2025. Cotality
6th Place: Florida’s tied spot in the rankings as the most expensive states in the U.S. Visual Capitalist
As Edward (background) and Archie (foreground) model analysis paralysis, Rufous models curiosity … wondering if that’s a dog cookie in my pocket.
In the high-stakes world of real estate and entrepreneurship, decisions carry real consequences—deals, dollars, and reputations are on the line. But when overthinking kicks in, it can lead to analysis paralysis: that stuck place where you’re unable to move forward, consumed by internal conflict and the fear of making the wrong call.
The Internal Family Systems (IFS) fix: IFS, a model pioneered by Dr. Richard Schwartz, reframes indecision as a dialogue among “parts” of yourself—each with its own voice, concern, and strategy. When these parts are polarized (like the perfectionist vs. the risk-taker), mental gridlock results. The goal isn’t to silence them—it’s to listen, understand, and harmonize.
5 steps to move forward:
Recognize you’re stuck:
Feel overwhelmed, anxious, or indecisive? Say it out loud: “I feel stuck; my parts are polarized.”
Parse the parts:
Label each voice:
Ambition says: “Push harder!”
Perfectionist warns: “Not perfect enough.”
Fear whispers: “You might blow this.”
Inner critic nags: “You should’ve figured this out already.”
Get curious:
Ask each part what it’s trying to protect or achieve. Often, they’re trying to help—even if their methods clash.
Reassure the parts:
Speak back with compassion. Tell your fear it’s okay to try. Tell ambition it’s not all on you.
Negotiate a next step:
Find common ground—draft a rough version, make the call with a contingency, or test a small move first.
The bottom line: You don’t have to eliminate fear or doubt—just understand the voices behind them. That’s the secret to clarity and confident action in complex decisions.
We hope you found this helpful — any feedback is appreciated and can be shared by hitting reply or using the feedback feature below.
Was this email forwarded to you? Subscribe here.
Have an idea or issue to share? Email us.
Connect with us using your preferred social media and website links for MyLandTrustee and Aspire Legal Solutions.
Our mailing address: PO Box 547945, Orlando, FL 32854-7945
Our physical address: 1901 West Colonial Drive, First Floor, Orlando, FL 32804
Be on the lookout for our next issue! 👋
By Joseph E. Seagle, Esq.
👋 Happy Friday! Today is National Take Your🐕 Dog 🐕🦺 to Work Day. Of course, every day is “take your dog to work day” at our office. Visitors may be greeted by any number of pups when they stop by, but our office policy manual prohibits licking above the knees.
❗️Situation Awareness: Starting July 1, landlords can serve legal notices on tenants via email, provided certain steps are taken first.
Sweeping new reforms to Florida’s condo law take effect July 1, 2025, reshaping the landscape for thousands of buildings—and sending shockwaves through the real estate community.
Why it matters: Prompted by growing concern over aging buildings and post-Surfside accountability, the new legislation (HB 913) introduces streamlined standards for condominium governance, management, and structural oversight. For real estate professionals—realtors, brokers, investors, and title agents—this means more disclosures, higher transaction risk, and a reshuffling of due diligence protocols.
🔎 The big picture:
The law expands transparency and compliance obligations for condo associations and managers, requiring robust documentation, conflict-of-interest disclosures, and verified reserve funding plans.
All milestone inspections and structural integrity reserve studies (SIRS) must be independently verified—creating strict boundaries around who can profit from repair recommendations, and voiding contracts with undisclosed ties.
Digital compliance ramps up: Associations must post key records, inspections, permits, and board meeting recordings on mobile-accessible websites or apps.
🏗️ Key changes that impact deals:
All associations must maintain “adequate property insurance,” with costs based on independent replacement appraisals updated every 3 years.
Reserve funding cannot be waived for core structural items like roofs and load-bearing walls. These must now be funded by regular assessments, special assessments, loans, or credit lines—approved by majority vote.
Noncompliance could delay closings. Title agents will be watching for incomplete SIRS reports, undisclosed pending assessments, and improperly licensed managers.
Yes but: The new law also makes it easier for condo associations to open credit lines and use investments to finance structural upgrades and repairs rather than leaning solely on the owners to bear all of the financial burden immediately with special assessments.
💬 The bottom line: This is the most consequential reform to Florida condo law in years. Investors must underwrite buildings not just on aesthetics or location, but on their financial and structural integrity. Realtors and mortgage brokers will need to account for reserve obligations in affordability. And title agents must triple-check disclosures.
⚠️ Be smart: Run new diligence playbooks before listing or lending on any unit in a 3+ story building. The rules just changed.
Go deeper: Realtor online
A federal court has ruled that unsolicited calls offering to buy homes — not sell goods or services — don’t count as “telephone solicitations” under the Telephone Consumer Protection Act (TCPA). This decision could offer a sigh of relief to wholesalers, investors, and agents engaged in outbound cold-calling campaigns.
Driving the news: In Lombardo v. Holtzman, the court dismissed a TCPA class action claim brought against a homebuyer who contacted a property owner with an unsolicited offer to purchase. The court reasoned that the call didn’t qualify as a “telephone solicitation” because the caller wasn’t trying to sell anything — only to buy.
Catch up quick: The TCPA restricts unsolicited calls made using auto-dialers or pre-recorded messages. It also regulates “telephone solicitations,” defined as attempts to sell goods or services. Courts have traditionally interpreted this narrowly, and this case underscores that nuance.
Between the lines: For real estate professionals, the takeaway is significant:
Wholesalers and investors who cold-call to acquire properties may have legal cover from TCPA liability — as long as the pitch is purely a buy offer.
Realtors and mortgage brokers, however, who offer services or financing still fall under stricter TCPA scrutiny.
Title agents working B2B may have more leeway, but should be cautious when contacting consumers directly.
Yes, but: The court emphasized the need to examine the “true purpose” of the call. If a so-called buy offer is merely a ploy to pitch services, it could still be considered a solicitation.
What’s next: Expect more plaintiffs to test these boundaries — especially in jurisdictions without binding precedent. Professionals relying on cold outreach should review scripts, ensure opt-out compliance, and consider consulting legal counsel.
The bottom line: This ruling marks a tactical win for homebuyers who source deals by phone — but it’s not a free pass. How you frame the call still matters.
Collective is the first all-in-one financial solution exclusively for solopreneurs. Members save an average of $10,000 a year by optimizing their taxes via an S Corp.*
Membership includes:
LLC and S Corp formation
Payroll
Monthly bookkeeping
Quarterly tax estimates
Annual business tax filing
Access to a team of experts
Enjoy peace of mind while maximizing your profits, and enjoy extra time to focus on growing your business.
Use code SPRINGFREE at checkout and get your first month free!
*Based on the average 2022 tax savings of active Collective users with an S Corp tax election for the 2022 tax year
7 ways real estate investors can prepare for potential tax law changes coming their way. Bigger Pockets
10 affordable cities where investors are snapping up inventory. Realtor
$12 billion U.S. tourism wipeout. Bloomberg (gift link)
31% increase in premium requested by insurer. Palm Beach Post
75% of Florida’s housing markets are in trouble. Newsweek
34%: The percentage increase in Florida’s average insurance premiums since 2022. Insurance Journal
0%: Amount the Fed changed its benchmark lending rate this week. HousingWire
33% of Baby Boomers say they’ll never sell their home. Redfin
-0.8% price depreciation shows in Florida’s home prices between April 2024 and April 2025. Cotality
6th Place: Florida’s tied spot in the rankings as the most expensive states in the U.S. Visual Capitalist
As Edward (background) and Archie (foreground) model analysis paralysis, Rufous models curiosity … wondering if that’s a dog cookie in my pocket.
In the high-stakes world of real estate and entrepreneurship, decisions carry real consequences—deals, dollars, and reputations are on the line. But when overthinking kicks in, it can lead to analysis paralysis: that stuck place where you’re unable to move forward, consumed by internal conflict and the fear of making the wrong call.
The Internal Family Systems (IFS) fix: IFS, a model pioneered by Dr. Richard Schwartz, reframes indecision as a dialogue among “parts” of yourself—each with its own voice, concern, and strategy. When these parts are polarized (like the perfectionist vs. the risk-taker), mental gridlock results. The goal isn’t to silence them—it’s to listen, understand, and harmonize.
5 steps to move forward:
Recognize you’re stuck:
Feel overwhelmed, anxious, or indecisive? Say it out loud: “I feel stuck; my parts are polarized.”
Parse the parts:
Label each voice:
Ambition says: “Push harder!”
Perfectionist warns: “Not perfect enough.”
Fear whispers: “You might blow this.”
Inner critic nags: “You should’ve figured this out already.”
Get curious:
Ask each part what it’s trying to protect or achieve. Often, they’re trying to help—even if their methods clash.
Reassure the parts:
Speak back with compassion. Tell your fear it’s okay to try. Tell ambition it’s not all on you.
Negotiate a next step:
Find common ground—draft a rough version, make the call with a contingency, or test a small move first.
The bottom line: You don’t have to eliminate fear or doubt—just understand the voices behind them. That’s the secret to clarity and confident action in complex decisions.
We hope you found this helpful — any feedback is appreciated and can be shared by hitting reply or using the feedback feature below.
Was this email forwarded to you? Subscribe here.
Have an idea or issue to share? Email us.
Connect with us using your preferred social media and website links for MyLandTrustee and Aspire Legal Solutions.
Our mailing address: PO Box 547945, Orlando, FL 32854-7945
Our physical address: 1901 West Colonial Drive, First Floor, Orlando, FL 32804
Be on the lookout for our next issue! 👋
And borrowers' fear of rejection is preventing them from applying for new credit or refinances
And the Florida legislature votes to dial back the condo reforms created after the Sunset Towers collapse
And land banking is on the rise in depressed markets.
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Avoiding Legal Pitfalls in Subject-To Land Trust Deals Avoiding Legal [...]
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🚩 Subject-to under siege by AZ AGReal estate investors, title [...]
By Joseph E. Seagle, Esq.
👋 Happy Friday! Today is National Potato 🥔 Chip Day. Dip ‘em if you got ‘em.
❗️Situation Awareness: It’s Spring Break time in Florida, and many of our crew members are taking advantage of the good weather and school closures through the first week of April. Please allow for extra processing time on your orders and requests during this period of reduced bandwidth in our offices.
The State of Arizona rocked the real estate investment world this week, filing a lawsuit against a group of investors, title companies, and law firms alleging their involvement in fraudulent "subject-to" transactions. The case exposes how improper or just sloppy use of subject-to purchases and trust structures can lead to serious and expensive legal consequences.
For Florida investors who routinely purchase distressed properties subject-to the existing mortgage using land trusts, this lawsuit serves as a critical warning. Done correctly, subject-to transactions using land trusts can be a powerful investment tool. Done improperly, they can land you in court, facing allegations of fraud, racketeering, and consumer protection violations.
In State of Arizona v. Cameron Jones et al, the Arizona Attorney General accused a network of investors of engaging in a scheme to strip equity from distressed homeowners through misleading subject-to transactions.
Key allegations included:
Failure to Disclose Material Terms – Homeowners were misled into believing they were completely off the mortgage when, in reality, their names remained on the loan.
Fraudulent Use of Subject-To Agreements – The investors failed to properly notify lenders, leading to due-on-sale clause violations and eventual foreclosures.
Use of Nominee Trustees & Alter Ego Entities – Investors used multiple trusts and LLCs to conceal true ownership, making it difficult for homeowners to challenge the transactions.
Unlawful Evictions & Litigation Against Homeowners – Some homeowners who realized the scam were sued to force sales, while others were evicted after unknowingly renting back their own homes.
Title Companies Ignored Red Flags – Title companies closed questionable transactions despite internal concerns that FHA and VA-backed mortgages prohibited such transfers.
Florida investors should pay close attention because this case highlights practices that could trigger similar legal action in the Sunshine State.
Florida law offers robust tools for legally structuring subject-to transactions using land trusts, but investors must operate ethically and legally to avoid being the next lawsuit target. Here are the key takeaways:
Use a Properly Drafted Land Trust Agreement – Ensure the trust agreement explicitly states that the borrower remains the beneficiary until the investor fulfills all agreed-upon obligations (i.e., keeping the mortgage current, paying taxes, insurance, etc.).
Full Disclosure to Homeowners – Never mislead the seller into thinking they are off the hook for the mortgage. Instead, provide a clear written explanation that their name remains on the loan and that a mortgage default will harm their credit while the outstanding mortgage can also prevent them from getting another loan (think too-high debt-to-income ratio).
Notify the Lender – While some investors try to avoid triggering the due-on-sale clause, failing to disclose a transfer when required could constitute fraudulent concealment. The best practice is to notify the lender that the title has been transferred at the time a change of mailing address is submitted to the servicer. It has been our experience that more and more lenders are flagging the transactions anyway when they receive insurance or tax bills where the name doesn’t match their borrower’s name. So it’s better to “draw the sting” early on before spending a lot of money on property renovations. Also, providing the notice may provide the defense of waiver if the lender, months or years later accelerates and forecloses the loan under the due on sale clause.
Ensure Seller Retains Legal Protections – A best practice is to include conditional assignments of the beneficial interest so that if the investor defaults on payments, ownership reverts to the seller without costly litigation. At that point, the trustee would transfer title back to the seller so the seller can re-sell the property.
Work with Ethical Title Companies – Only use title and escrow agents who understand land trust transactions and are committed to compliance.
Be Transparent About Exit Strategies – Investors must clearly explain their long-term intent (i.e., whether they plan to hold, sell, or lease the property). This ensures sellers are not misled into thinking they have rights they do not. Also, sellers should be clearly informed that, should they get the property back, it may have tenants or additional mortgages or other liens on the title, leaving no equity.
Avoid Unlawful Leasebacks – If the seller remains in the home, the agreement must be a legitimate lease with clear terms rather than a disguised eviction trap.
No Government-Backed Loans — Do not purchase properties subject to FHA, USDA, or VA mortgages. Downpayment assistance mortgages should be paid off at closing the purchase of the property as those too are often backed by federal funds.
Hiding Behind Trusts to Evade Liability – If you use a trust solely to conceal ownership or mislead parties, it can be deemed an alter ego entity in court, piercing any asset protection.
Violating the Due-On-Sale Clause Without Legal Strategy – Some subject-to deals are flagged by lenders, leading to foreclosures and lawsuits. Investors must have a plan in place to mitigate this risk (think: hard money or private lenders to refinance and pay off the outstanding mortgage).
Using Fraudulent Affidavits to Cloud Title – The Arizona case included investors who recorded fraudulent title affidavits to manipulate ownership rights. We’ve talked about this before. Florida law provides harsh penalties for fraudulent recordings. Memoranda or affidavits of agreement that aren’t signed by the property owner traditionally aren’t enforceable, and lawsuits based on them could get the law firm in hot water like it did in Arizona.
Improperly Assigning Beneficial Interests – If you sell or assign a beneficial interest in a land trust without clear documentation, courts may find the deal fraudulent.
Predatory Tactics Against Distressed Homeowners – If a deal’s structure is intended to confuse, deceive, or take advantage of a seller, it will likely be deemed fraudulent.
🎯 Subject-to investing via land trusts is legal and effective — when done properly. The Arizona lawsuit should serve as a wake-up call to investors who cut corners. While the real estate investors, title companies, and law firms named in the Arizona Attorney General’s lawsuit may have sufficient defenses, and a jury may find that everything they did was legal, they are David fighting a Goliath with unlimited resources. A defendants’ victory in the lawsuit could be Pyrrhic.
⚠️ Be careful in doing subject-to closings outside Florida. While it appears that subject-to transactions are almost as prevalent in Arizona as they are in Florida and other states, Arizona and most other states don’t have Florida’s land trust statute that enables independent third-party trustees who can help protect distressed sellers from equity stripping by returning the property to the seller if the buyer fails to pay the mortgage. If the investor’s own LLC or corporation is acting as the trustee — like happened in Arizona — claims of equity stripping would be easier to prove since there’s no guarantee that the trustee would give the property back to the seller.
🕵️♂️ Attorneys General across the country share information and resources. While Florida’s AG may never bring such an action except for the most egregious cases of equity stripping, Legal Aid and other consumer protection legal associations pay attention to cases like the one in Arizona. If it proves to be lucrative, punitive, and productive by bringing about a safer real estate market for distressed sellers, don’t be surprised to see similar cases popping up around the country.
☀️ By fully disclosing risks, properly structuring contracts, and ensuring ethical dealings, Florida investors may avoid regulatory scrutiny while still leveraging the power of subject-to transactions.
In this week’s impromptu video, I discuss “tree law” from my own backyard.
Tune in exclusively on Facebook for this one.
Falling Citizens Insurance rates can’t stop premiums from rising. Sun Sentinel
Housing downturn alarm raised for U.S. cities. Newsweek
Colorado is menaced by MV Realty, too. Moneywise
US will start requiring Canadians visiting for over 30 days to register fingerprints and photo with Department of Homeland Security. Bloomberg (gift link)
Canadian travel to U.S. plummets. Bloomberg (gift link)
These are the top housing markets most vulnerable to decline. MPAMag
Senate approves Pulte to head Fannie and Freddie. Says he won’t be focused on privatizing either of them. Reuters
Homebuyers are fed up with high mortgage rates. MarketWatch
How a 26-year-old agent closed over $100 million last year. HousingWire
CoreLogic finds that 1.1 million homeowners had negative equity in 2024. CalculatedRisk Blog
Azaleas are in full bloom in Orlando this week.
Entrepreneurs possess something that many of those who work for others don’t have: a “soul purpose.”
📌 Why it matters: For real estate professionals and entrepreneurs, a mission isn’t just a marketing tagline—it’s the soul of your business. When your mission aligns with your deeper purpose, you build a brand that attracts the right clients, partners, and opportunities.
🛠 The big picture: A well-defined mission:
✔️ Provides clarity in decision-making.
✔️ Aligns your crew around a common goal.
✔️ Differentiates you in a crowded marketplace.
💡 Reality check: Many business owners focus on short-term profits without anchoring their work in a deeper purpose. This leads to burnout, inconsistent branding, and a lack of long-term impact.
🔑 Key takeaway: Your mission should answer:
🔹 Why does your business exist beyond making money?
🔹 Who do you serve, and how do you change their lives?
🔹 What impact do you want to leave in your industry or community?
📈 Real-world application: Top real estate leaders operate with mission-driven clarity:
🏡 A developer revitalizing distressed neighborhoods sees beyond profit margins to community transformation.
📈 A private lender prioritizing ethical lending helps investors grow sustainably.
🤝 An entrepreneur creating generational wealth for clients builds a legacy, not just a business.
🔎 The bottom line:
Your mission is the soul of your business. Define it, live it, and watch it become your competitive edge.
💭 Ask yourself:
What drives me beyond financial success?
How does my work create real impact?
Is my mission clear to my clients and team?
🚀 Align your business with your soul’s purpose, and success will follow.
We hope you found this helpful — any feedback is appreciated and can be shared by hitting reply or using the feedback feature below.
Was this email forwarded to you? Subscribe here.
Have an idea or issue to share? Email us.
Connect with us using your preferred social media and website links for MyLandTrustee and Aspire Legal Solutions.
Our mailing address: PO Box 547945, Orlando, FL 32854-7945
Our physical address: 1901 West Colonial Drive, First Floor, Orlando, FL 32804
Be on the lookout for our next issue! 👋
Reply
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