Miami Lakes Attorney
Attorney for Miami Lakes Homeowners, Buyers, and Families
Miami Lakes began as a planned community. According to the Town’s history page, the Graham family developed the master plan on what had been their dairy farm, with landscape architect Lester Collins laying out the original 3,000 acres, and the Town incorporated in December 2000 as the 31st municipality in Miami-Dade County. That history still shows up in property records today. Lakefront lots, neighborhood homeowners’ associations, and Town-run Special Taxing Districts each add their own layer of documents and charges to a Miami Lakes home, and each matters when you buy, sell, divorce, or face debt. 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.
Buying a Home on or Near a Miami Lakes Lake
The lakes are the reason many buyers choose Miami Lakes, and they are also the least understood part of the purchase. In its lake conditions and management report, the Town explains that only a few lakes are wholly maintained by the Town, a few are owned and managed by a single homeowners’ association, and most are divided under the ownership of the abutting properties. The same report notes that the South Florida Water Management District has partial ownership of Loch Doon, Loch Ness, and Lake Ruth, where its Biscayne Canal runs through. In practical terms, the lot you are buying may include part of the lake bottom, may stop at the bank, or may sit next to water an association controls. The legal description, the survey, and the title commitment are where that answer lives, and it affects who is responsible for the bank and the water behind your house.
The Town also runs Special Taxing Districts: six active districts serving about 2,400 households, including Miami Lakes Section 1, Loch Lomond, Royal Oaks Section 1, and Royal Oaks East for security guard service, and Lake Hilda and Lake Patricia for lake maintenance. The charges appear on the property tax bill as non-ad valorem assessments. Under Fla. Stat. 197.3632(8)(a), assessments collected that way are subject to the same collection provisions as property taxes, including tax certificates and tax deeds for nonpayment. Before you sign, check the most recent tax bill so the yearly cost is in your budget, and make sure the closing statement prorates it correctly.
Many Miami Lakes neighborhoods also have a homeowners’ association. Under Fla. Stat. 720.401(1), a buyer must be given the association’s disclosure summary before signing the contract; if it was not provided, the buyer may cancel in writing within 3 days after receiving it or before closing, whichever comes first, and that right ends at closing. The seller’s balance with the association is fixed by an estoppel certificate, and unpaid assessments can become a lien the association may foreclose (see can an HOA foreclose on my home). 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 Debt in Miami Lakes
Miami Lakes matters belong to the Eleventh Judicial Circuit. A nearby Clerk location is the Hialeah District Court, 11 E. 6th Street, which lists county court, small claims, landlord/tenant disputes, domestic violence petitions, 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.
When a Miami Lakes couple divorces and one spouse keeps the house, the association dues and the Special Taxing District charges go with it. Because district assessments ride on the property tax bill, a settlement that says who pays the mortgage but not who pays the current year’s tax bill leaves a gap that can end in a tax certificate. Name the payer for taxes, district assessments, and association dues, and set a date for refinancing or removing the other spouse from the loan. See who gets the house in a Florida divorce and our family law services.
Association charges also follow a homeowner into bankruptcy. Under 11 U.S.C. 523(a)(16), homeowners’ association fees and assessments that become due after the bankruptcy filing are not discharged for as long as the debtor or the trustee holds an ownership interest in the lot; assessments that came due before the filing are not excepted by that provision. If you plan to keep a Miami Lakes home through a Chapter 7 or Chapter 13 case, budget for the dues going forward. See our bankruptcy law services.
Common Questions
Do I own part of the lake behind a Miami Lakes house? It depends on the lot. The Town reports that most of its lakes are divided among the abutting properties, while a few belong to a single homeowners’ association or are maintained by the Town. The legal description, survey, and title commitment for the specific lot answer the question.
What is the Special Taxing District charge on a Miami Lakes tax bill? It is a non-ad valorem assessment for a Town-run district, such as guard service or lake maintenance. Under Fla. Stat. 197.3632(8)(a) it is collected like property taxes, including tax certificates for nonpayment.
Contact Us
Whether you are buying a lakefront home in Miami Lakes, reviewing an HOA disclosure summary or estoppel certificate, dividing a house in a divorce, or weighing bankruptcy with association dues in the picture, 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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