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Inspections | Arguably The Hardest Part Of Our Job

Inspections | Arguably The Hardest Part Of Our Job

Christian Ross | Ross Title – Ross Law

Inspections: Stop Editing the Buyer Election (and Start Coaching Your Customer)

Inspections don’t kill deals. Surprises do.

Most inspection drama is avoidable when you do one thing early: prepare your customer. Train them on what inspections are really for, the difference between defective vs. cosmetic, and what a reasonable response looks like—so they can make informed decisions without emotion running the show.

That was the overarching theme of our latest video on inspection strategy: educate first, negotiate second. This applies to both sides. Buyers need guidance so they don’t treat a home inspection like a renovation wish list. Sellers need guidance so they don’t treat every comment in a report like an accusation.

And that brings me to one of the most common mistakes I see on the NABOR standard contract.

The NABOR “Buyer Election” Trap: Don’t Cross Things Out

On the NABOR standard contract, after inspections, the Buyer typically sends a “Buyer Election” selecting a remedy (repair, credit, cancel, etc.). If the Seller decides they’re willing to agree to fix all “defective inspection items”—but wants to exclude certain items because they’re cosmetic—many people’s instinct is to start marking up the Buyer Election:

  • crossing out lines
  • rewriting the form
  • Countering
  • initialing edits like it’s a contract rewrite

Don’t.

When you start editing the Buyer Election, you create ambiguity and friction at the exact moment the deal needs clarity and momentum. You also increase the odds of a misunderstanding later: “Wait—did they accept the election or not?” “Is this a counter?” “What exactly are they agreeing to repair?”

Instead, keep the form clean and handle the “cosmetic vs. defective” distinction the right way.

Watch the video for more on this topic.

Buying or selling a home in the Naples – Bonita Springs area? Contact David at David@DavidFlorida.com or 239-285-1086.

Inspections | Arguably The Hardest Part Of Our Job

FL HOA Zoom meetings, minutes access, and alteration rules explained

Lee-Anne Bosch, partner/shareholder Goede, DeBoest & Cross, PLLC, special to the Naples Daily News

Q: I read your article about tennis courts being converted to pickleball courts requiring a 75 percent vote. That did not happen at my homeowners’ association (HOA). What is the law on this please? R.D., Naples

A: The community association law column that you refer to states in pertinent part, “unless your condominium documents provide for another method for the approval of material alterations, 75 percent of the total voting interests is needed.” This is pursuant to Section 718.113(2)(a) of the Florida Condominium Act, which states the following:

Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced. This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018.

In my opinion, converting a tennis court into a pickleball court constitutes a material alteration of the common elements.

Read lawyer Lee-Ann Bosch’s opinion on naplesnews.com and get answers to questions about HOA Zoom meetings, and HOA requirements to produce copies of minutes of meetings as requested.

Inspections | Arguably The Hardest Part Of Our Job

New Florida Resident? Don’t Miss the Homestead-Exemption Deadlines

Christian Ross | Ross Title – Ross Law

I like writing these articles, in part, because it affords me the opportunity to double-check statutes, contract clauses, and case law for things that I get asked about every day. Today it’s homestead!

Who qualifies (and who doesn’t)

The Homestead Exemption is available even if you don’t spend most of your time in Florida. Legally, what matters is that you make the Florida property your permanent residence.

Because the exemption — and associated savings like the capped assessment growth from Save Our Homes (SOH) — is tied to when you establish residency and occupy the home, Florida does not use the “six-months and one day” standard that many other states do. Nor does claiming Homestead automatically negate potential income tax obligations in another state. It simply affects your Florida property taxes.

Important Filing Deadlines Coming Up

  • For new Florida residents: If you became a resident recently, you must file your Homestead Exemption application by December 31, 2025 to have it count for the 2026 tax year.
  • For existing Florida homeowners: If you already live here, make sure to submit (or pre-file) by March 1, 2026 for the 2026 exemption

Because the exemption automatically renews each year, future filings aren’t necessary — unless you sell, move, change the way title is held, or otherwise change residence status.

Why it matters

Getting the Homestead Exemption isn’t just about saving ~$750–$1,000 per year on property taxes. It also triggers the Save Our Homes cap — which limits how much your assessed value can increase annually (max 3% or inflation, whichever is lower), protecting you against steep property tax hikes over time.

For many homeowners — especially those purchasing now but intending to live in their Florida property long term — filing by the upcoming deadlines can lead to substantial savings over the years.

What you need when filing

Be prepared with:

  • Proof that you own the home (deed, title, or tax bill) as of January 1 of the tax year (Florida Department of Revenue)
  • Proof of Florida residency (license/ID, vehicle or voter registration, or a Declaration of Domicile)
  • Social Security numbers for all owners (and spouses) listed on the application
Inspections | Arguably The Hardest Part Of Our Job

Florida condo law has new and specific video conference requirements

Destiny Goede, attorney & partner | Goede, DeBoest & Cross, PLLC

 

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.

No small wonder: Naples Botanical Garden endures in Southwest Florida

No small wonder: Naples Botanical Garden endures in Southwest Florida

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.

Read the full article with photos on naplesnews.com.

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.

Inspections | Arguably The Hardest Part Of Our Job

NABOR Sales Contract | Cosmetic Vs Defective

Christian Ross | Ross Title – Ross Law

What Buyers and Sellers Must Know

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.