Pilka Adams & Reed, P.A.Lakeland FL Attorneys | Pilka Adams & Reed, P.A. | Brandon Florida2026-09-28T09:18:15Zhttps://www.pilka.com/feed/atom/WordPress/wp-content/uploads/sites/1504079/2022/09/cropped-site-icon-32x32.jpgOn Behalf of Pilka Adams & Reed, P.A.<![CDATA[What if your HOA refuses to provide association records?]]>https://www.pilka.com/?p=500442026-09-28T09:18:15Z2026-09-28T09:18:15Z10 business days to provide access. However, that right does not cover every document the association keeps.
Ask for records tied to the issue
It may help to focus your request on the records that relate to what you want to check. Meeting minutes could show how the board voted on an issue. Financial records might explain a charge or association expense.
Your governing documents may also show which rules apply to your property. Florida law requires HOAs to keep several types of official records. Your association cannot require you to explain why you want to inspect them, though it may set reasonable written rules for the inspection.
Understand what the HOA may keep private
You do not have access to every document your HOA keeps. Florida law protects some information from owner review.
For example, the law keeps certain personal data, medical records and private legal communications confidential. If a record includes protected information, your HOA may have grounds to withhold that material while still giving you access to the rest when the law allows it.
Keep a record of your request
A denied request could become more serious if you cannot check the reason for a charge or board action. You may want to list the exact documents you requested and keep your written request with any reply you receive. Those records might help you understand what happened and decide how to approach a community association matter.]]>On Behalf of Pilka Adams & Reed, P.A.<![CDATA[How to challenge an improper HOA violation notice]]>https://www.pilka.com/?p=500432026-08-28T17:39:54Z2026-08-28T17:39:54Z a violation notice from your homeowners association can be frustrating, especially when you believe the claim is unfounded. As a homeowner, you have the right to challenge notices that you feel are improper or invalid. Understanding the steps to dispute these violations can help you to protect your rights and potentially save you from unnecessary fines or penalties.
Understanding your rights as a homeowner
Before taking action, it is important to recognize that HOA members have specific rights when it comes to violation notices. Your governing documents typically outline a formal process for disputes, and most state laws require HOAs to provide homeowners with these documents as well as an opportunity to challenge the notice. You are not obligated to accept a violation notice at face value, particularly if you have evidence that contradicts the claim.
Steps to challenge a violation notice
The following steps can help when you receive a notice you believe is improper:
Read the notice carefully to understand the allegations and the deadline for response
Review your HOA governing documents including the CC&Rs, bylaws and architectural guidelines to determine if there is a potential violation
Gather supporting evidence such as photographs, maintenance records, receipts or correspondence that demonstrates compliance
Document the timeline of events leading up to the violation notice to establish context
Compare similar situations within the community to identify potential selective enforcement
These steps will help you determine whether the violation notice has merit.
When to seek legal assistance
While you may be able to resolve a violation dispute through direct communication with your HOA board, certain situations warrant additional help. Consider consulting an attorney experienced in HOA law if the violation involves significant fines, threatens your property rights or if the HOA refuses to acknowledge clear evidence of your compliance. Legal assistance is also advisable when you suspect discrimination, harassment or selective enforcement by the board.]]>On Behalf of Pilka Adams & Reed, P.A.<![CDATA[Can an HOA fine you for violating an unwritten rule?]]>https://www.pilka.com/?p=500422026-08-19T15:36:32Z2026-08-19T15:36:32ZThe rule must appear in the governing documents
Your HOA should be able to point to the specific provision that supports the fine. That provision may appear in the declaration, bylaws or properly adopted rules and regulations.
A board's past practice or personal expectation is different from a restriction that actually requires you to follow it.
The fine must follow a specific process
Even when an HOA has a valid rule, it cannot simply impose a fine without following the required procedure. Florida law requires the HOA to give you advance written notice of the violation and an opportunity to be heard before it can impose the fine.
That process gives you an opportunity to address the alleged violation before the HOA makes the fine final.
Check the rule before responding
If you receive a fine for an unwritten rule, compare the alleged violation with your HOA's actual governing documents. Keep the violation notice and any communication from the board, and ask the association to identify the provision it believes you violated.
If the HOA cannot point to a rule that supports the fine, or you believe it failed to follow the required process, consider getting legal guidance before deciding how to respond. Knowing exactly what the documents say can put you in a much better position to address the dispute.]]>On Behalf of Pilka Adams & Reed, P.A.<![CDATA[What to do when you reach MMI but cannot return to work]]>https://www.pilka.com/?p=500312026-07-24T11:17:26Z2026-07-24T11:14:20ZWhat an MMI status actually changes
When an approved treating doctor decides your condition will not improve any further, they place you at MMI. This step ends your temporary wage-replacement benefits because the insurance company stops paying for missed work during your recovery. The focus then shifts to checking for any lasting physical damage to decide what permanent financial support you might get next.
Impairment ratings and long-term disability
After you reach this medical stage, the doctor assigns a Permanent Impairment Rating. This rating measures the exact amount of permanent physical loss you suffered. Based on this number and your physical limits, you may qualify for certain ongoing support.
The rating directly shapes the type of permanent benefits available:
Impairment income benefits: These benefits pay a set amount of money based on your exact impairment rating, even if you can do some light work.
Permanent total disability: Workers who can never hold a job again due to their injuries may get benefits until age 75, or for five years if the injury happened after age 70.
Settlement talks: Insurance companies use the impairment rating to figure out a lump-sum buyout offer to close the claim.
These results rely on the doctor's first medical opinion. If that opinion seems wrong, injured workers have legal options to dispute it.
Challenging the doctor's medical findings
Disagreeing with the treating doctor requires gathering new medical proof. An injured worker cannot refuse to return to work based solely on their own view, but Florida law allows workers to seek second opinions to dispute the first MMI date or impairment rating.
The dispute process involves clear medical checks:
Independent medical examiners: Injured workers can select a different doctor to perform a one-time exam and provide a second medical opinion.
Expert medical advisors: If the new doctor disagrees with the first doctor, a judge may appoint a neutral expert to fix the medical conflict.
Court hearings: A judge of compensation claims will review all the medical reports to make a final ruling on your true medical status.
Gathering this new medical proof takes time and requires strict focus on legal deadlines.
The strict deadlines for disputing medical proof
Challenging an MMI status requires quick action. Once the insurance company stops temporary benefits, a brief window opens to request an independent exam. Missing the deadline to file a dispute can force a worker to accept the first doctor's impairment rating and return-to-work orders. Disputing these findings requires presenting new medical proof to the court before the legal deadline.]]>On Behalf of Pilka Adams & Reed, P.A.<![CDATA[Common mistakes that can hurt your personal injury claim]]>https://www.pilka.com/?p=500272026-07-17T11:13:21Z2026-07-17T11:13:21ZDelaying or skipping medical treatment
One of the biggest mistakes you can make is waiting to get medical care after an accident. Even if you feel fine at first, some injuries may not show symptoms right away. This typically includes internal bleeding, traumatic brain injuries or whiplash.
If you wait to see a doctor, insurers may argue that your injuries are not serious or that something else caused them. For example, if you wait more than 14 days to seek medical treatment after a motor vehicle accident in Florida, you will completely lose your legal right to receive Personal Injury Protection (PIP) benefits under state law.
Following your treatment plan also matters. If your doctor recommends physical therapy but you miss many sessions, insurers may argue that your injuries are less serious than you claim or that you did not reduce your damages. Consistent treatment creates a record that links your injuries to the crash.
Posting on social media
What you post on Facebook, Instagram or other social media platforms can affect your case. Insurers often review public posts that seem to contradict your injuries.
For example, you may say a knee injury keeps you from working, but then post photos of yourself playing basketball. Even harmless posts can create problems. A photo of you smiling at a family event does not mean you no longer hurt, but insurers can still take it out of context.
Avoid posting about your accident, injuries or daily activities until you resolve your case. Review your privacy settings and ask friends and family not to tag you in photos or posts.
Giving statements without preparation
After an accident, an insurance adjuster may ask for a recorded statement. Although the conversation may seem routine, adjusters can use your answers when they review your case. You could unintentionally give incomplete or inconsistent information.
For example, if you tell an adjuster you feel okay, they could later use that statement to suggest your injuries were minor, even if you only meant to be polite. Stick to accurate facts. Pain and shock can affect your memory right after a crash.
Before giving a recorded statement, know your rights and think carefully before you answer questions.
Accepting early settlement offers
Insurers sometimes offer a settlement before you know how serious your injuries are. These first offers may not reflect what your case is really worth. Once you accept an offer and sign a release, you often cannot recover more compensation later.
For example, you might accept a $5,000 settlement for what seems like a minor ankle sprain. Weeks later, you learn that you need surgery and months of rehabilitation for ligament damage. In many cases, you cannot recover those additional costs after you settle.
Give yourself time to learn how serious your injuries are before accepting a settlement. Doing so can help you make better decisions.
Preserving your right to compensation
Protect your case by making smart decisions after an accident. Get medical care as soon as possible, keep good records, limit your social media activity and think carefully before making important decisions. These steps can strengthen your case and help you pursue the compensation you may deserve with greater confidence.]]>On Behalf of Pilka Adams & Reed, P.A.<![CDATA[What is a special assessment and do I have to pay it?]]>https://www.pilka.com/?p=500292026-07-17T13:39:36Z2026-07-17T04:15:09ZUnderstanding special assessments
A special assessment is a one-time fee that your homeowners association or condominium board charges to cover unexpected expenses or major projects. Unlike regular monthly or annual dues, these charges cover costs that the association's reserves cannot pay.
Common reasons include emergency building repairs, replacing major systems such as roofs or elevators, repairing common areas and meeting new safety requirements. The board divides the total cost among unit owners based strictly on each owner's designated share of common expenses as set forth in the community's governing documents.
Why special assessments are increasing in Florida
Florida has seen a sharp increase in these assessments after recent changes to state law. Buildings that are at least three stories tall must undergo milestone inspections once they reach 30 years of age, or 25 years of age if located within 3 miles of the coastline and mandated by local enforcement. These inspections check whether a building remains structurally safe and identify repairs that need attention.
Florida law also requires condominium associations to complete structural integrity reserve studies. These studies evaluate major building components and estimate future repair or replacement costs. Associations must maintain funding for the structural components identified in the studies, which often reveal funding shortfalls.
Many older buildings need major repairs that previous budgets did not cover. When reserves cannot pay those costs, associations often use special assessments. This trend will likely continue as more buildings reach inspection deadlines and address deferred maintenance.
Your payment options
When you receive an assessment notice, you usually have more than one payment option. Many associations allow you to pay the full amount by a set deadline. Although paying all at once may feel difficult, it ends your payment obligation immediately.
Many associations also offer installment plans that spread the cost over several months or years. These plans can make large charges easier to manage. However, they may also increase your total cost if the association charges interest.
Review the payment terms carefully and consider your budget before making a decision. Some owners save money by paying in full, while others prefer smaller monthly payments.
Your obligation to pay
These assessments are not optional. When you buy property in a community association, you agree to follow the governing documents. Those documents usually give the board authority to approve these charges when necessary.
If you do not pay, the association may charge late fees and interest, and place a lien on your property. The association may ultimately foreclose on that lien, which could result in the forced sale of your home.
Your right to information
Although you must pay valid assessments, you also have the right to receive detailed information about them. Ask for copies of inspection reports, contractor bids and reserve studies that support the charge.
You can also attend board meetings, ask questions about the planned work and review the reasons for the assessment. Associations should give reasonable notice and clearly explain why the money is needed.
Understanding your responsibilities as a property owner
Receiving a special assessment can be stressful, but understanding why it was issued and how it will be paid can help you respond with greater confidence. Reviewing the notice carefully and asking questions early can help you make informed financial decisions while meeting your obligations as a property owner.]]>On Behalf of Pilka Adams & Reed, P.A.<![CDATA[Are non-compete agreements enforceable in Florida in 2026?]]>https://www.pilka.com/?p=500222026-07-09T22:26:21Z2026-07-09T22:26:21ZFlorida's general rule sets the baseline for enforceability
Most non-compete agreements fall under this first path. To be enforceable, a non-compete should:
Be in writing and signed by the employee.
Identify a legitimate business interest, such as trade secrets or substantial customer or client relationships.
Limit the restriction reasonably in duration, geographic area and line of business.
Courts generally consider a restriction of two years or less to be reasonable. If a court finds part of an agreement too broad, it can narrow the terms to make it fair, rather than throwing out the whole agreement.
A newer law strengthens enforceability for higher earners
The second path comes from a newer law, in effect since July 2025, that gives extra protection to agreements with employees earning about $80,000 to $150,000 a year or more, depending on the county. The agreement must have been signed on or after July 1, 2025, and healthcare workers do not qualify no matter how much they earn.
If your agreement qualifies, it comes with real advantages over the first path:
It lasts longer, up to four years, instead of the usual two-year limit.
It puts the responsibility on the employee to prove the agreement should not apply, instead of you having to prove it should.
It requires courts to stop the employee from competing while the case is still being decided.
These added protections make this option worth considering if you have higher-earning employees, though the agreement still needs to meet its specific requirements to qualify.
Certain factors can make a non-compete unenforceable
A non-compete can fail under either path if it lacks a clear business interest, reaches too far in time or geography, was never signed or wrongly assumes it qualifies for the newer law's stronger protections. Even then, a Florida court can often narrow an overreaching agreement rather than void it entirely.
Considering a non-compete for your business
A well-drafted non-compete can protect the client relationships and information that give your business its edge, but a poorly drafted one may not hold up when you need it most. It may help to have your agreements reviewed by an attorney familiar with Florida's non-compete laws before a dispute arises.
]]>On Behalf of Pilka Adams & Reed, P.A.<![CDATA[Common estate planning mistakes you should avoid]]>https://www.pilka.com/?p=500212026-06-24T16:28:08Z2026-06-24T16:28:08ZNot updating your documents after life events
Your estate papers might not keep pace with changes in your life. A will, trust or health care directive that made sense years ago may not reflect your current relationships or priorities.
Life-changing events such as new children, a death in the family or a move could affect who you want named in important roles. In Florida, state law automatically cancels certain beneficiary designations after a divorce. However, relying on that legal protection still leaves room for delays and conflict. It is always better to update your documents as soon as something significant changes.
Incomplete and vague information
Some mistakes come not from what you wrote but from missing information. You might have accounts with no named beneficiary. You may also have old beneficiary forms or asset records stored in several places, making them hard for your family to find.
Those gaps could make it harder for relatives to understand what exists and who should receive it. When family members are grieving, the last thing they need is a paperwork puzzle.
DIY forms may also create confusion when they use broad wording or leave out personal details. A simple form might seem practical, especially for a modest estate. However, it falls short if you have a blended family, business interests, several properties or relatives who may disagree. In those cases, broad language can add another layer of confusion if they do not match what you actually mean.
Clearer records may make your wishes easier to follow
Estate planning is not only about who receives property. It also tells your loved ones how you thought through important choices. When you have updated papers, updated beneficiary details and written directions, your family may have a clearer plan to follow during a difficult time.]]>On Behalf of Pilka Adams & Reed, P.A.<![CDATA[What should homeowners document during an HOA dispute?]]>https://www.pilka.com/?p=500182026-05-29T14:24:07Z2026-05-29T14:24:07ZIf you live in Florida and have a conflict with your homeowners association (HOA), keeping excellent records can make or break your case. Whether the HOA unfairly cited a rule violation or ignored a repair issue, your documentation is your strongest tool.
Start with your HOA’s official documents
Before doing anything else, gather your community’s governing papers. You will need the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), the bylaws, rules and regulations and recent meeting minutes. These documents set the rules for both you and the board.Under Florida Statute § 720.303, HOAs must make official records available to members within 10 business days of a written request. If your HOA refuses to cooperate, that failure becomes a key part of your case.
Keep a detailed log and save all records
Once a dispute begins, write everything down. Note the date, time and details of every incident. Include the names of any board members or managers you spoke with, along with what they said.Never delete an email, letter or official notice. Back up digital threads, save violation letters and keep certified mail receipts. If your HOA communicates by text, take screenshots. You should also take clear, dated photos or videos of your property or any common areas involved in the dispute.
Know your legal options
If talks break down, you must follow specific legal steps. For disputes regarding rules, access to records or property alterations, Florida law requires you to participate in mandatory presuit mediation before you can go to court. However, this mediation requirement does not apply if your dispute strictly involves unpaid fines or assessments. For election or recall fights, you can file an arbitration petition with the Florida Department of Business and Professional Regulation (DBPR).If the dispute escalates, consult a Florida HOA attorney. Under Florida law, the winning party in an enforcement lawsuit can recover reasonable attorney's fees and court costs from the losing party.]]>On Behalf of Pilka Adams & Reed, P.A.<![CDATA[Mediating estate concerns with siblings during probate]]>https://www.pilka.com/?p=500162026-05-14T02:12:02Z2026-05-14T02:12:02ZProbate disputes between siblings can quickly become emotional and expensive, oftentimes because these conflicts are inherently deeply personal. After the death of a parent or loved one, disagreements may arise over inheritances, property distribution, executor decisions, asset management approaches or the interpretation of a will. In many situations, mediation may offer families a more practical and less damaging alternative to prolonged probate litigation.Mediation is a structured negotiation process in which a neutral third party helps family members work toward a voluntary resolution. Unlike a judge, the mediator does not make final decisions. Instead, a mediator encourages communication, identifies areas of compromise and helps siblings explore possible solutions.
When mediation may and may not be the best option
For many families, mediation can be a wise choice because probate litigation often intensifies existing family tensions. Siblings may already carry years of unresolved conflicts, feelings of favoritism or resentment over caregiving responsibilities. A courtroom battle can make these emotional wounds even worse. Mediation creates a more private and less adversarial setting where family members may feel more comfortable expressing concerns.Mediation can also potentially save significant time and money. Probate lawsuits involving contested wills, accusations of undue influence or disputes over estate assets may take months or even years to resolve through the court system. Legal fees, court costs and expert witness expenses can rapidly reduce the value of the estate itself. Mediation may help families reach agreements more efficiently while preserving more of the estate for beneficiaries.Another potential advantage is enhanced flexibility. Probate courts are often limited in the remedies they can order. Mediation allows siblings to create customized solutions tailored to their family’s needs. For example, one sibling may wish to keep a sentimental family home while another prefers financial compensation. Through mediation, creative compromises may become possible that a court might never impose.However, mediation is not always appropriate in every probate dispute. Some cases involve serious allegations such as fraud, financial exploitation, forged documents or executor misconduct. If one sibling has intentionally concealed assets, manipulated a vulnerable parent or violated fiduciary duties, for example, formal litigation may become necessary to protect the estate and better ensure accountability.Mediation may also be less effective when one party refuses to participate in good faith. If a sibling is unwilling to negotiate honestly or is determined to create conflict, the process may fail to inspire meaningful progress.Ultimately, mediation may provide an opportunity to resolve disputes with less hostility while helping preserve important family relationships whenever possible, but it is not the only option available to families in distress. ]]>