DeWitt Law Firm - November 2020

THIS MONTH ON THE 'D e W itt L aw R eview '

The “DeWitt Law Review” airs every Sunday at 10 a.m. on 107.3 FM and 580 AMWDBO. It is always our goal to bring the listeners of Central Florida the latest legal news and create a forum where they can ask legal questions anonymously from the comfort of their own home without having to retain an attorney. To listen to this month’s episodes or any episode of the DeWitt Law Review, you can visit our website at dewittlaw. com, where you can download the podcast from Apple Podcasts or Spotify. We receive many legal questions from our listeners each month, and we wanted to share some of the interesting questions in hopes that they may also benefit others facing similar legal issues. If you would like to ask a question, give us a call and leave a voicemail at 407-536-6737. You can also text questions to that number or email ask@dewittlaw.com. Q: I just received a letter from my homeowners’ association (HOA) saying they are going to bring legal action against me if I don’t paint my house. Can they do that? A: Yes, if your HOA Declaration requires the exterior of your home to be in a certain condition, then the HOA can require you to paint your house. They can even require that you use a certain color when painting your house. You should be aware that many HOAs will require that you submit the proposed color to the architectural review board for approval prior to painting the house. Q: I am interested in buying a house at a tax deed sale. I know the HOA and two different banks have liens on the property. Do all of the liens get discharged when the house is sold? A: Yes, the HOA and banks’ liens are wiped out. Florida Statute section 197.552 states that only municipal or county governmental unit, special district, or community development district liens survive after a tax deed sale. In other words, any governmental lien will probably be protected, while private liens are typically wiped out. Q: I’ve always wondered why law enforcement officers issue citations for car accidents if Florida is a no-fault state. A: Florida is not a no-fault state. Florida is a no-fault insurance state, which is why people are required to have personal injury protection (PIP aka no-fault) insurance in the amount of $10,000 and why Florida does not require bodily injury insurance. However, Florida does still allow individuals who are wrongfully injured due to the negligent driving of another to pursue the at-fault driver for damages. Q: If you are in a car accident and you have the same insurance as the other person, are you required to report the accident to your insurance company? A: Yes, if you want to make a claim through your insurance company, you are required to report it. If you both have the same insurance company, you also want to make sure you know which adjuster represents you and which one represents the other party.

AND HOW DO I PREVENT IT FROM AFFECTING MY FAMILY? WHAT IS FAMILY BURNOUT

According to one study from 2018, over half of all parents surveyed were experiencing some form of burnout (i.e., exhaustion, cynicism, lack of professional satisfaction, etc.) — and that was before the pandemic. Now, as the world enters the eighth month of the coronavirus pandemic, many parents are working from home or dealing with unemployment, and many children are doing school online. Families are spending a lot of time together at home, balancing new routines — and that’s led to family burnout. When you experience “family burnout,” the kind of exhaustion that comes from spending too much time with family, it manifests itself as physical and emotional exhaustion, an inability to handle usual tasks, and increased irritability. The more demanding your work and home responsibilities are, the more susceptible you are to family burnout. Single parents are especially susceptible, but burnout can drastically affect romantic relationships and even children. Most people are not used to spending so much time together at home. With all that in mind, don’t worry — family burnout is preventable. It starts with creating a balance between work and rest. While it might feel like you don’t have a moment to spare between work and taking care of the kiddos in the house, identifying those spare moments in your day is absolutely necessary for your health. Establish a routine that defines time for work, sleep, studying, and other tasks. You’ll then move from task to task easier, leaving less room for conflict between others in the household. You’ll also see more clearly when you can rest! Those breaks don’t have to be anything special — a 15-minute walk by yourself outside or a 30-minute stretch with a good book in a comfy chair. Find time to let your kids have a break, too, like playing their favorite games, reading their favorite books, or playing outside. You’ll all feel more refreshed to tackle the remaining tasks of the day. Even though you can prevent or minimize burnout through a more balanced routine, sometimes that’s not enough. Don’t be afraid to ask for help when you need it. Family therapy can be immensely helpful for maintaining your mental health when your own attempts need a boost. These are unique times, so be patient with yourself and your family as you cope with new challenges and routines. Burnout doesn’t have to be inevitable.

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