South Miami Attorney
Attorney for South Miami Homeowners, Builders, and Families
South Miami writes some of its own building rules. In 2017 the City Commission passed Ordinance No. 14-17-2284, which added solar requirements for new homes and major additions to the city’s Land Development Code. The city also keeps its own Historic Preservation Board, created by Ordinance No. 18-95-1591 on October 5, 1995. Those local rules shape what it costs to build, remodel, or buy in South Miami, and they can come up again years later when a couple divides a house in a divorce. Arturo R. Alfonso P.A. has handled Miami-Dade real estate, family law, and bankruptcy matters in English and Spanish for 30 years from an office at 7821 Coral Way. Call (305) 266-9584 or request a free consultation.
Building, Remodeling, or Buying in South Miami
Ordinance No. 14-17-2284, passed July 18, 2017, added subsection (W), Solar Requirements, to section 20-3.6 of the South Miami Land Development Code. As adopted, it covers new single-family homes with more than 1,100 square feet of living area, townhouses, and qualifying multi-story residential buildings that applied for Environmental Review and Preservation Board approval on or after September 18, 2017. It also reaches an existing home when an alteration or addition increases the square footage of the principal structure by 75 percent or more, or replaces 75 percent or more of the existing sub-roof. Sub-roof replaced because of natural disaster damage does not count toward that percentage. The ordinance sets a minimum amount of solar collectors measured against living area or roof area, limited by the unshaded roof space an architect or engineer certifies as available.
For a buyer, that changes the math on two common South Miami purchases: a lot bought to build a new house, and an older house bought to be heavily remodeled. Either can carry a solar cost that belongs in your budget and in the feasibility and inspection terms of your contract. Codes are amended, so confirm the current requirement with the city’s Planning and Zoning Department before you are bound. On the tax side, Fla. Stat. 193.624(2) provides that, for residential purposes, the just value attributable to a renewable energy source device, a term that includes solar panels and inverters, may not be considered in the assessment.
Some South Miami properties carry a historic designation. The city’s Historic Preservation Board reviews applications for historic site and district designations and for Certificates of Appropriateness, and makes recommendations to the City Commission, which gives final approval. If you plan exterior work on a house you are buying, ask the city whether the property is designated before your inspection period ends, because that review can affect both the plans and the timeline. Florida does not require an attorney to close a sale; read title company or attorney closing, how we handle residential closings in Miami-Dade, how a title search and title insurance work, and our real estate law services.
Courts, Divorce, and the House in South Miami
South Miami matters belong to the Eleventh Judicial Circuit. The Clerk’s closest district location is the Coral Gables District Court, 3100 Ponce de Leon Blvd., which lists county civil cases, small claims, landlord/tenant disputes, domestic violence intake, and marriage licenses among its services. Divorce, custody, and support cases go to the Family Division at the Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue in downtown Miami.
To file for divorce in Florida, one spouse must have lived in the state for 6 months before filing (Fla. Stat. 61.021). The court first separates marital from nonmarital assets and then divides the marital ones starting from the premise that the split should be equal, unless there is a justification for an unequal distribution (Fla. Stat. 61.075(1)). Florida is not a community property state; see is Florida a community property state.
This is where South Miami’s building rules and divorce law meet. A house one spouse owned before the marriage generally stays that spouse’s nonmarital property. But Fla. Stat. 61.075(6)(a)1.b treats as marital the enhancement in value and appreciation of a nonmarital asset that results from either spouse’s efforts during the marriage or from marital funds spent on it, and the statute also makes marital the principal paid down on a mortgage with marital funds, along with a portion of the passive appreciation. If a premarital South Miami home was rebuilt or expanded during the marriage, including an addition large enough to bring in the solar requirement, expect the question of whose money paid for it. Keep the permits, construction contracts, and bank records. See who gets the house in a Florida divorce, separate property, and our family law services. If debt from a build or remodel has become unmanageable, see our bankruptcy law services.
Common Questions
Does a new home in South Miami need solar panels? As adopted in 2017, Ordinance No. 14-17-2284 requires solar collectors on new single-family homes with more than 1,100 square feet of living area, on townhouses and qualifying multi-story residential buildings, and on additions or alterations that increase a home’s square footage by 75 percent or more. Confirm the current code with the city before you buy or build.
Is a house I owned before the marriage divided in a divorce? It generally stays your nonmarital property, but under Fla. Stat. 61.075(6)(a)1.b the increase in value from marital funds or either spouse’s efforts, and mortgage principal paid with marital funds, can be marital.
Contact Us
Whether you are buying a South Miami lot to build on, planning a large addition, buying a home that may be historically designated, or dividing a house in a divorce, Attorney Alfonso can review your documents in English or Spanish. Hablamos español. Call (305) 266-9584 or contact us to schedule a free consultation.
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