Q:I heard that condominium Zoom meetings now must be recorded and kept as official records. Is that correct? J.P., Sanibel
A: Yes, recent changes to the Condominium Act created a new definition of video conference in Section 718.103(33), Florida Statutes, and added specific requirements for meetings conducted in that manner. A video conference is defined as a real-time audio- and video-based meeting between two or more people in different locations using video-enabled and audio-enabled devices. If a board or membership meeting is held by video conference, it must be recorded, and that recording must be maintained as an official record of the association. In other words, if the association chooses to conduct a meeting through a platform such as Zoom, Microsoft Teams, or a similar service that includes both audio and video, the association is now legally required to record that meeting and treat the recording in the same way that it treats minutes and other official records.
Read the full article and related questions on naplesnews.com.
Buying or selling a home in the Naples – Bonita Springs area? Contact David at David@DavidFlorida.com or 239-285-1086.
Dave Osborn | Fort Myers News-Press & Naples Daily News
It’s been a hidden respite in Southwest Florida for years.
Naples Botanical Garden sits on 170 acres and is made up of smaller, separate gardens that represent various natural habitats and ecosystems.
And Naples Botanical Garden ― about three miles from downtown Naples ― features exhibits throughout the year. Here’s what to know about the Garden, as it’s known.
Garden becomes magical during holidays It’s an end-of-the-year treat many await. The Johnsonville Night Lights in the Garden creates a colorful world at night, where visitors can walk through the meticulously created wonderland.
Night Lights runs Nov. 28-Jan. 4, and is closed Dec. 24, Dec. 25 and Dec. 31.
Ticket prices vary and gradually increase as the holidays approach.
There’s so much to enjoy in the Naples, Florida area. Be close to the fun with a home in the area. Contact David at David@DavidFlorida.com or 239-285-1086.
In this week’s 10:00 a.m. video you’ll find a detailed walk-through of cosmetic issues and defective inspection items under the NABOR Residential Improved Property Contract.
To put it bluntly, this contract puts more restrictions on a Buyer looking to negotiate repairs or terminate. NABOR drafted these restrictions in hopes of having more deals close by limiting the things that a Buyer could demand.
This distinction drives whether a repair request is valid, how negotiations unfold, and, ultimately, whether a buyer retains the right to move forward or terminate.
When preparing a listing, it’s natural for sellers and agents to add helpful details about furniture, fees, upgrades, leases, or financing arrangements. These notes are priorities for the Seller and can create interest and clarity for prospective buyers. But one lesson repeatedly proven in Florida transactions is this:
If it’s not in the contract, it doesn’t exist. MLS remarks and listing agreements are not binding. The sales contract controls.
Below are the most common items that people want to add to the Listing Agreement, but must be carried forward into the buyer’s offer to avoid problems later.
1. Furniture and Personal Property Many sellers want to include or exclude furnishings, art, rugs, TVs, outdoor furniture, or decor. MLS makes this easy with fields, checkboxes, and public remarks. But these fields are not contractual, and the standard FAR/BAR and NABOR contracts are equally clear: Personal property only transfers if it is specifically written into the contract or attached via an addendum.
Best practice:
Create a written inventory or exclusion list early—before the listing goes live.
Upload it to MLS as a supplemental document.
Instruct buyer’s agents to attach it to the initial offer.
Confirm at offer stage that the list is incorporated into the final signed contract.
This protects both sides and prevents the all-too-common “What about the TVs??” dispute.
2. Fees the Seller Wants the Buyer to Assume
Agents often include notes like:
“Buyer to assume remaining assessments.”
“Seller shall pay application or move-in fees.”
“Buyer responsible for HOA capital contributions.”
These warnings are helpful—but they do not change the contract’s default allocation of costs.
In NABOR and FAR/BAR, specific fees are already assigned to either buyer or seller by default. If a seller wants the buyer to assume something the contract would normally require the seller to pay, it must be negotiated and written into the offer.
Best practice:
Identify all fees early: HOA, condo, builder, developer, utility assessments, capital contributions, existing balances, etc.
Add them to a seller’s disclosure or fee summary uploaded to MLS.
Require that any assumptions or reallocations of fees be included directly in the contract.
3. Solar Panels, Water Treatment Systems, and Special Financing
These are the most frequently overlooked items, and often the most expensive.
A home may have:
A solar panel lease or solar loan with a payoff
A water softener contract
A propane tank lease
A security system contract
Pace financing or other special assessments
These arrangements usually involve monthly payments, payoff obligations, or assignment requirements—and failing to disclose them until the buyer begins due diligence creates tension and potential deal failure.
Best practice:
Treat these items like mortgages: they are financial obligations and should be disclosed upfront.
Add them to the Seller’s Disclosure under Financing/Leases.
Attach copies of the agreements when possible.
Require buyers to address assumption or payoff in their initial offer to avoid renegotiation within the inspection period.
4. Rental Agreements, Booked STR Income, or Property Management Contracts
MLS remarks often note “Tenant in place through July” or “Booked rentals convey.” But many agents forget that:
The contract needs a copy of the lease.
Rent prorations and deposits must be formally transferred, ideally on the settlement statement.
Management agreements often require third-party consent.
If it’s not in the contract, the buyer isn’t obligated to accept the terms—or the seller may unintentionally promise possession that they can’t legally deliver.
5. Work in Progress, Permits, Renovations, and Insurance Claims
It’s common to see MLS notes about:
Pending insurance claims
Open permits
Upcoming repairs
Improvements scheduled for completion
But MLS notes are not binding assurances. The sales contract needs specific language addressing:
Scope of work – Who pays for it – Deadlines – Contractor requirements – Permit close-out obligations – Insurance recoveries
NABOR and FAR/BAR have default rules, but listing-level promises must be translated into contractual terms.
The Simple Rule: If It Matters, Put It in Writing—Early
The most important risk isn’t what goes into the MLS. It’s what gets forgotten when the first offer arrives.
The cleanest transactions happen when:
1. The listing includes helpful information for marketing, but
2. A disclosure packet accompanies the listing, including:
Inventory lists
Fee summaries
Financing/lease disclosures
Solar/utility contracts
Permit/renovation updates
Buyers attach these documents to their initial offer, creating clarity and reducing the need for last-minute amendments.
This shifts the process from reactive to proactive—and protects your seller from misunderstandings while setting buyer expectations from day one.
Final Thoughts for Agents
Your MLS listing is a marketing tool.
Your listing agreement reflects expectations with your seller.
But your contract is where the legal obligations begin and end.
By moving critical items—furniture, fees, leases, financing, assessments, and work-in-progress—from the listing into actual contractual documents, you protect your clients, reduce disputes, and preserve the professionalism of the transaction.
Christian Ross | Ross Law/Ross Title (Featuring John Andy of Smart Set Builders)
This week’s video was a great one. I had the chance to sit down with John Andy of Smart Set Builders, and he did an outstanding job explaining topics that come up constantly in real estate closings—but rarely get explained clearly. You can watch the full episode now at www.YouTube.com/ChristianRoss, along with every other episode available on demand.
John and I talked about practical, real-world issues that buyers, sellers, Realtors, and other professionals deal with on a weekly basis.
Here’s a simple breakdown of the four main types of probate and how they interact.
Domiciliary vs. Ancillary Probate
Domiciliary Probate happens in the state where the deceased lived permanently. For Florida residents, this means probate is opened in their Florida county of residence and covers all in-state property.
Ancillary Probate is required when the deceased owned property in another state. For example, if a New York resident owned a Naples condo, probate would be opened in New York (domiciliary) and in Florida (ancillary) to handle the Florida property.
Formal vs. Summary Administration
Formal Administration is the standard probate process when the estate is worth more than $75,000 or the death occurred within the past two years. It requires appointing a personal representative, notifying creditors, and court oversight before assets are distributed.
Summary Administration is a simplified option when the estate value is under $75,000 or the death occurred more than two years ago. It’s faster and less costly, but beneficiaries may be responsible for unpaid debts.
How They Work Together
These categories often overlap:
A Florida resident with out-of-state property may need domiciliary probate in Florida plus ancillary probate elsewhere.
A non-resident with Florida property will need ancillary probate here, which may be handled formally or summarily depending on value and timing.
Estates more than two years old may qualify for summary administration, even if larger.
