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Remote Online Notarization (RON)

2019-07-23T18:28:13-05:00July 23rd, 2019|Uncategorized|

Most types of documents will soon be witnessed and notarized electronically in Florida through a remote online notarization (RON) service provider. Online notarization will be conducted through audio-video communication technology. The notary must retain a copy of the audio-video communication.

The notary can also supervise the witnessing of documents online in a similar manner to notarizing the signature of the principal signor. The remote witnesses need not be in the physical presence of the signor or notary. A remote witness must be a resident of and physically located within the U.S. or a territory of the U.S. If the principal signor is a “vulnerable adult” as defined in section 415.102 F.S. the witnesses must be in the presence of the principal signor. If a vulnerable adult is not in the presence of the principal signor, then the witnessing is still invalid. Remote witnessing requires that the witness hear the signer acknowledging the signer’s signature.

An electronic will can be admitted to probate if filed through the e-filing portal and is deemed to be an original of the electronic will. A paper copy of an electronic will which is certified by a notary public to be a true and correct copy can also be admitted to probate as an original. Self-proof affidavits for wills can be electronically witnessed and notarized, if the electronic record that contains the will is held by a qualified custodian at all times before being offered to probate. An electronic will or codicil is revoked by deleting or obliterating an electronic record, with the intent to revoke, as provided by clear and convincing evidence.

Note that “super” power of attorney documents still cannot be witnessed and notarized electronically.

Several technology companies are preparing to offer remote notarization services in Florida including: Notarize (www.notarize.com) ; DocVerify (www.docverify.com) ; NotaryCam (www.notarycam.com) ; Pavaso (https://pavaso.com) ; SIGNiX (www.signix.com) .


 

 

 

 

 

The future of notarizing and witnessing documents is coming to Florida January 1, 2020.

Attorney Damonte Recognized by Florida Community Association Journal

2018-12-13T16:30:07-05:00December 13th, 2018|Uncategorized|

Largo attorney Jonathan James Damonte, B.C.S. is recognized in the December 2018 Florida Community Association Journal for his commitment to Florida Condominium and Planned Development Law. Attorney Damonte is one of only 127 attorneys out of over 100,000 attorneys in Florida who have achieved Board Certification by the Florida Bar in Condominium and Planned Development Law and one of only 50 attorneys recognized by the FCAJ. Congratulations Jonathan!

 

Merry Christmas & Happy Holidays

2018-12-12T13:27:54-05:00December 12th, 2018|Uncategorized|

 

 

 

 

 

 

We would like to express our sincerest appreciation for the trust and confidence you place with us. We are grateful to live in sunny Florida and work with so many wonderful investors and communities. We’re so glad to have you as clients, partners, collaborators, and friends and look forward to serving you in 2019. Have a joyous holiday season from all of us at Jonathan James Damonte, Chartered. 

Online Security – HTTPS

2018-12-12T12:11:46-05:00December 12th, 2018|Uncategorized|

 

Our office has updated our online security by converting our website to HTTPS and securing an SSL Certificate. You can feel confident in the safety and confidentiality of the information you provide us by seeing the connection is secure in the web address bar and the lock is locked. SSL Certificates are small data files that digitally bind a cryptographic key to an organization’s details. When installed on a web server, it activates the padlock and the https protocol and allows secure connections from a web server to a browser. Typically, SSL is used to secure credit card transactions, data transfer and logins, and more recently is becoming the norm when securing browsing of social media sites.

Happy Halloween From Damonte Law

2018-10-31T18:26:22-05:00October 31st, 2018|Uncategorized|

Happy Halloween from all of us at the Law Offices of Jonathan James Damonte. Please enjoy the Halloween candy in our reception area. Don’t forget to sign up for the last three FREE classes held this year by The People’s Law School at the Drew Street Campus of St. Pete College from 6:30 – 9:00 pm. Evidence is on November 1st, Contracts on November 8th and Mock Trial on November 15th. For more information email us at thepeopleslawschool@gmail.com or call 727-461-4869. Have a safe and happy Halloween!

Attorney Damonte – Joint Session Presentation & PowerPoint

2018-03-22T15:40:26-05:00March 22nd, 2018|Uncategorized|

On March 22nd Attorney Jonathan James Damonte gave a presentation on Homeowners Associations, Service Animals and Estoppel Fees before a joint session of the Bay Area Real Estate Council (BAREC) and the Greater Tampa Realtors. Attorney Damonte is a Florida Bar Board Certified Condominium & Planned Development lawyer and in demand for Bay Area speaking engagements. The PowerPoint from the most recent presentation can be viewed by clicking on the link below:

BAREC – GREATER Tampa Realtors

 

Storm Preparedness & Recovery

2017-10-11T14:26:00-05:00October 11th, 2017|Uncategorized|

While many Floridians avoided the worst of Hurricane Irma some are still in the process of insurance claims and repairs. Our offices were without power for a week following the storm but for the most part escaped damage. Those in the process of recovering from the hurricane may need help settling insurance claims, determining who is responsible for repairs or having properties re-inspected for Lenders. Contracts and Lease Agreements can provide answers to current situations and can provide greater protections moving forward.

This wasn’t Florida’s first storm and it won’t be the last. There are a number of steps you can take to protect yourself against the possibility of a storm. Contract and Lease clauses should address the possibility of a future catastrophe. Many communities are considering adding Hurricane resistant features including hurricane glass, roll-down shutters and improved drainage and removing or trimming trees located close to buildings. Whether you need help assessing your legal rights after Hurricane Irma, or want to make sure you’re prepared for the next storm, our office can help.

Sprinkler & Guardrail Community Association Retrofitting 2016

2016-10-17T11:15:23-05:00July 22nd, 2016|Uncategorized|

fire sprinkler

Members of the Board of Directors should contact their association attorney for information on proxy forms, consent ballots, notices of meeting, affidavits and recording. Do NOT wait until December when it will be too late to take action, start discussing this issue with your community, management and attorney today!

There are 2 Retrofits for Community Associations to contend with this year: one for fire sprinklers and the other for guardrails. Fortunately, both can be avoided by a vote of the membership in most cases. Those communities that fail to vote to forgo the retrofits could have major construction costs.

Sprinklers: Chapter 633 Florida Statutes requires that buildings over 75 feet in height or three stories plus with a construction contract executed after January 1, 1994 (except single-family and two-family dwellings) be retrofitted with automatic sprinkler systems that comply with Chapter 633.

A condominium or cooperative can avoid an expensive retrofit of the common elements, association property, or units of a residential condominium or cooperative with the new sprinkler system if the majority of the unit owners vote to forgo retrofitting and a certification of the vote is recorded on the public records. The association must also report the information to the Division of Florida Condominiums, Timeshares and Mobile Homes. The vote to forgo retrofitting must be completed on or before the December 31, 2016 deadline. Otherwise the association must apply for the building permits necessary to complete the required retrofit installation.

handrail 2

Guardrails: Changes to the National Fire Protection Association Life Safety Code require that the spacing between any handrail and guardrail pickets not exceed 4 inches. The changes to the Code are being applied retroactively, meaning that if the community does not take action it could be subject to a fire code violation. Most 55+ communities (housing for older persons) that have buildings less than 75 feet high may vote to forgo the guardrail retrofit requirement by a 2/3 vote of the membership in favor of opting-out of the retrofit. The association must then file a retrofitting report with the Department of Business and Professional Regulation.

Multiple Florida Fire Marshalls have already given notice in writing that they intend to apply the retrofit rules retroactively and impose fines and penalties on communities that fail to comply. Discuss how your community plans to handle retrofitting with your members and advisers as soon as possible.