Jacksonville Attorney Preston Oughton

Attorney's Profile

COLLEGE:
University of Kentucky
LAW SCHOOL:
Florida Coastal School of Law
ATTORNEY SINCE:
2008
STATES ADMITTED:
Florida
PRACTICE AREAS:
Real Estate Litigation

When you hire me to handle your real estate litigation issues you can be sure that my staff and I are diligently pursuing a resolution to the issue(s). Our office operates with years of real estate experience coupled with the most advanced tools to ensure reliable services. We know your time is valuable and that is why at The Law Office of Preston H. Oughton we work extra hard to accommodate your needs. All potential clients are offered a free consultation and we work with existing clients on payment structures to best to arrange for their convenience. Remember, our priority is getting the end result you desire, through expertise and hard work, as we provide you with good communication for an efficient and smooth legal relationship.

Attorney's Videos

A building I am considering is occupied by several commercial tenants. If I buy the building, can I evict them?
Real Estate Litigation Law

Am I entitled to a copy of our association's previous budgets?
Condo Law

Are an owner's guests and tenants allowed to use common area recreational facilities in a homeowners' association?
Homeowners Association Law

Are there any records of the condominium association that should not be accessible to unit owners?
Condo Law

Are there any statutes in Florida that regulate activities in condominiums?
Condo Law

Are there limits to the amount a tenant can be charged for a security deposit in Florida?
Landlord and Tenant Law

Are verbal agreements to sell land binding, if all of the money exchanged hands?
Real Estate Litigation Law

As a renter, do I have the same rights in using the common elements as a unit owner?
Condo Law

As a unit owner, do I have the right to attend a budget meeting?
Condo Law

As a unit owner, why are my rights restricted as to the use of my individual unit and the common elements?
Condo Law

Can a board charge interest on assessment fees even if it is not provided for in the declaration?
Condo Law

Can a board raise our assessment fees by 15 percent of last year's assessment?
Condo Law

Can a condominium association self-manage or does it need to hire a manager?
Condo Law

Can a fine become a lien?
Condo Law

Can a homeowners' association board member be sued in Florida?
Homeowners Association Law

Can a lawsuit result in a permanent loan modification?
Real Estate Litigation Law

Can a lawsuit result in a principle balance reduction?
Real Estate Litigation Law

Can a lawsuit result in forgiveness of back payments, penalties, and interest?
Real Estate Litigation Law

Can a lender foreclose after a modification or payment plan was approved?
Real Estate Litigation Law

Can a lender foreclose during the modification application process?
Real Estate Litigation Law

Can a real estate deal go ahead even if there is a defect in the legal title?
Real Estate Litigation Law

Can a residential condominium in Florida restrict a unit owner's rights with respect to the rental of units?
Condo Law

Can a unit owner mail in a vote or vote by proxy in the election of the board of administration?
Condo Law

Can an association can purchase a unit that was foreclosed?
Condo Law

Can an owner in a HOA who rents out, but does not live in, their home still use the recreational facilities?
Homeowners Association Law

Can I ever legally withhold rent from my landlord in Florida?
Landlord and Tenant Law

Can I force my landlord to fix my apartment in Florida?
Landlord and Tenant Law

Can I hire someone to handle my appeal, and pay them a percentage of my tax reduction received?
Real Estate Litigation Law

Can I rescind a purchase of real estate after closing?
Real Estate Litigation Law

Can my landlord charge me late fees in Florida if I paid my rent only a few days late?
Landlord and Tenant Law

Can my landlord come into my apartment whenever he or she wants to do so?
Landlord and Tenant Law

Can my landlord enter my apartment and take my property if I do not pay rent?
Landlord and Tenant Law

Can my landlord evict me in Florida without going to court?
Landlord and Tenant Law

Can my landlord lock me out of my apartment if I do not pay rent?
Landlord and Tenant Law

Can property owners along the beach prevent others from walking along the shore?
Real Estate Litigation Law

Can the adjoining property owner and I agree on a border different from our deeds?
Real Estate Litigation Law

Can the board charge unit owners to use the common elements?
Condo Law

Can the board keep me as a unit owner from using the common elements if I rented my unit?
Condo Law

Can the board keep me, as a unit owner, from using the common elements if I rented my unit?
Condo Law

Can the board of administration use association funds to purchase gifts for board members?
Condo Law

Can the condominium association pay a board member for his or her services as a board member?
Condo Law

Can the condominium board charge me a set or flat fee for copies of official records that I requested?
Condo Law

Can the condominium unit owners stop the board from hiring a management company?
Condo Law

Can the HOA arbitrarily approve, or disprove, of an alteration or improvement?
Homeowners Association Law

Can the HOA charge for parking, use of recreational facilities, and other services? Are there any limits on how much?
Homeowners Association Law

Can the utility companies come on my property without permission?
Real Estate Litigation Law

Do I have to pay rent to my landlord after he declares bankruptcy?
Real Estate Litigation Law

Do I need an attorney for an eviction proceeding in Florida?
Landlord and Tenant Law

Does a board have to hire the company that prepares the lowest bid?
Condo Law

Does a condominium unit owner in Florida have the right to speak on items not included on the agenda of a meeting?
Condo Law

Does an association have to carry insurance on the condominium property?
Condo Law

Does my landlord have to give me an opportunity to pay past due rent before evicting me?
Landlord and Tenant Law

Does the association have the authority to sue on behalf of the unit owners even if the unit owners are not in favor of bringing suit?
Condo Law

Does the association have to accept my check for late assessments?
Condo Law

Does the board have the authority to make me remove a screen porch that I built?
Condo Law

Does the board have the authority to prohibit the use of alcoholic beverages in and around the common elements?
Condo Law

Does the board have the authority to set pool hours?
Condo Law

Does the board have the right to enter a unit in order to make sure that the hurricane shutters are properly secured?
Condo Law

Does the condominium association have the right to allow a pest control company access to my unit?
Condo Law

Does the law require me to give the association a key to my unit?
Condo Law

For what reasons can a buyer or seller get out of a contract to purchase a residence in Florida?
Real Estate Litigation Law

How are committees formed and who has a right to participate in them? Do unit owners have the right to attend the meetings?
Condo Law

How are condominiums governed in Florida?
Condo Law

How are the proceeds distributed among the owners in a sale resulting from a partition?
Real Estate Litigation Law

How can an owner get a copy of the homeowners' association governing documents?
Homeowners Association Law

How can I break my lease in Florida?
Landlord and Tenant Law

How can the homeowners' association governing documents be changed or amended in Florida?
Homeowners Association Law

How do I appeal a valuation of my property?
Real Estate Litigation Law

How do I know which statutory scheme applies to my condominium?
Condo Law

How do I remove a lis pendens?
Homeowners Association Law

How do residential leases differ from commercial leases in Florida?
Landlord and Tenant Law

How does a condominium association amend its bylaws in Florida?
Condo Law

How does a landlord legally evict a tenant in Florida?
Landlord and Tenant Law

How long does a landlord have to return my security deposit in Florida if there are no damages to the property?
Landlord and Tenant Law

How long does an eviction proceeding take in Florida?
Landlord and Tenant Law

How long does it take to evict a month-to-month tenant in Florida?
Landlord and Tenant Law

How long does it take to evict a tenant for non-payment of rent in Florida?
Landlord and Tenant Law

How much can a board fine a unit owner for a condominium rule violation?
Condo Law

How much can a board increase assessments each year?
Homeowners Association Law

How much will it cost me to fight an eviction?
Landlord and Tenant Law

How should vacancies on the condominium association board of directors be filled in Florida?
Condo Law

I am a first-time condominium unit owner. How do I know where my association's money is being spent?
Condo Law

I have black mold growing on the walls of my condominium. It is even under my carpet. The board said it is not their responsibility. Is the association supposed to take care of things like this?
Condo Law

I thought that as a unit owner and a member of my association I had the right to vote. Why is it that most of the decisions of the association are made by the board of directors?
Condo Law

If a board forecloses on a unit for unpaid assessments, does the board have to give notice?
Condo Law

If an association has the same number of candidates for positions to be filled as there are vacancies on the board, do they need to prepare ballots and hold an election?
Condo Law

If I break my lease, can the landlord recover all of the rent due under the contract?
Landlord and Tenant Law

If I buy a home within an HOA, do I have to belong to the HOA?
Homeowners Association Law

If I do not have a signed lease agreement, can my landlord raise my rent whenever he or she wants to do so?
Landlord and Tenant Law

If I win a lawsuit against the association, can I recover attorney fees and assessment fees that I paid the association to defend the lawsuit?
Condo Law

If the inspection is not satisfactory, can the buyer back out of the deal?
Real Estate Litigation Law

If there is a written lease, do I need to give notice in Florida about terminating tenancy at the end of the lease?
Landlord and Tenant Law

If there is no written lease, how much notice must I give my landlord in Florida to terminate a tenancy?
Landlord and Tenant Law

If there is no written lease, how much notice must my landlord give me to terminate a tenancy in Florida?
Landlord and Tenant Law

In a condominium, what are the common elements? Who owns them?
Condo Law

In an eviction case in Florida, what happens if a tenant and a landlord cannot agree?
Landlord and Tenant Law

Is an association permitted to use proxies in the election of directors?
Condo Law

Is HOA approval necessary for an improvement or alteration?
Homeowners Association Law

Is it proper for a board meeting to be conducted over the telephone?
Condo Law

Is it too late to pay the past due rent after I have been evicted?
Landlord and Tenant Law

Is my association required to hold regular meetings on a monthly basis?
Condo Law

Is there recourse in Florida if I suspect the seller lied on the disclosure by answering don't know about the property?
Real Estate Litigation Law

Isn't the condominium board required to provide unit owners with board meeting notices?
Condo Law

May a reserve account be used for purposes other than that for which it was originally intended?
Condo Law

May an association self-insure?
Condo Law

May candidates for the board of administration engage in campaigning for election?
Condo Law

May the board appoint an individual to fill a vacated position on the board without conducting an election?
Condo Law

Must a board inform unit owners as to what a meeting is about? Although the board provides unit owners with notices of the meetings, they do not include an agenda.
Condo Law

Must the association pay for and insure its officers and directors?
Condo Law

My condominium is presently not managed by a management company. Should we consider management of the association?
Condo Law

My landlord is losing his Florida house to foreclosure. What happens to me as a tenant?
Landlord and Tenant Law

My tenants are constantly causing damage to my house. Can I evict them now?
Landlord and Tenant Law

One of our board members refused to vote on an issue that recently came up at a board meeting. The board considered it as a no vote. Is this proper?
Condo Law

Our board is proposing that unit owners pay assessment fees twice a year rather than monthly as it has been done in the past. Can the board require this?
Condo Law

Our board proposed that three-bedroom unit owners should pay a higher monthly fee than owners of two-bedroom units. Does the board have such authority?
Condo Law

The new budget that I received shows only a total dollar amount. When I questioned the board they responded that they're not required to provide unit owners with a detailed budget. Is this true?
Condo Law

We have a board member who we feel is acting improperly. How do we remove him from the condominium board?
Condo Law

What action can I take in Florida if my landlord withholds the security deposit?
Landlord and Tenant Law

What are CC and Rs?
Homeowners Association Law

What are covenants, conditions, and restrictions in a homeowners' association?
Homeowners Association Law

What are ejectment actions?
Real Estate Litigation Law

What are mechanic's liens?
Real Estate Litigation Law

What are my rights as a unit owner of a condominium?
Condo Law

What are receiverships?
Real Estate Litigation Law

What are the governing documents in a homeowners' association?
Homeowners Association Law

What are the landlord's maintenance responsibilities?
Landlord and Tenant Law

What are the legal grounds for eviction in Florida?
Landlord and Tenant Law

What are the powers and responsibilities of the board of administration?
Condo Law

What are the remedies for an adjoining property owner who is using my property?
Real Estate Litigation Law

What are unlawful detainers?
Real Estate Litigation Law

What can I do if my landlord refuses to make repairs to my Florida apartment?
Landlord and Tenant Law

What can I do if my landlord's action make it impossible for me to live in my apartment?
Landlord and Tenant Law

What can I do if the condominium association refuses to allow me to inspect official records of the association?
Condo Law

What decisions of the association require a unit owner vote?
Condo Law

What do the statutes provide regarding the board mailing out information sheets for candidates to the board?
Condo Law

What does it mean to quiet title?
Real Estate Litigation Law

What happens if I do not pay my rent?
Landlord and Tenant Law

What happens if I fail to pay a special assessment?
Homeowners Association Law

What happens if my original lender has gone out of business?
Real Estate Litigation Law

What happens if the house is not ready for me to move in on the day of closing?
Real Estate Litigation Law

What happens to excess funds of the association?
Condo Law

What happens when a board member who is in attendance at a board meeting fails to cast his or her vote on a matter brought before the board for a vote?
Condo Law

What happens when my lease expires for commercial property in Florida?
Real Estate Litigation Law

What happens when one owner of a property wants to sell and another owner does not?
Real Estate Litigation Law

What happens when two different deeds to the property conflict?
Real Estate Litigation Law

What if a provision of the homeowners' association governing documents conflicts with Florida or federal law?
Homeowners Association Law

What if I want to move out early?
Landlord and Tenant Law

What is a fiduciary duty?
Real Estate Litigation Law

What is a holdover proceeding?
Landlord and Tenant Law

What is a holdover tenant?
Landlord and Tenant Law

What is a limited common element in a condominium?
Condo Law

What is a partition lawsuit?
Real Estate Litigation Law

What is a prescriptive easement?
Real Estate Litigation Law

What is adverse possession?
Real Estate Litigation Law

What is an easement?
Real Estate Litigation Law

What is considered a board meeting in a condominium association?
Condo Law

What is equitable subrogation?
Real Estate Litigation Law

What is fiduciary duty and how does it relate to the homeowners' association board?
Homeowners Association Law

What is in the articles of incorporation of a homeowners' association?
Homeowners Association Law

What is mediation and arbitration?
Real Estate Litigation Law

What is slander of title?
Real Estate Litigation Law

What is specific performance?
Real Estate Litigation Law

What is the difference between a capital expenditure and deferred maintenance?
Condo Law

What is the difference between a general proxy and a limited proxy, and when are they used?
Condo Law

What is the difference between cooperatives and condominiums in Florida?
Condo Law

What is the landlords duty to mitigate?
Landlord and Tenant Law

What is the law concerning homeowners associations?
Homeowners Association Law

What is the law concerning the length of terms for board members?
Condo Law

What is the proper method by which the board must inform the unit owners about the annual meeting?
Condo Law

What items are considered official records of the condominium association?
Condo Law

What kinds of fines can be assessed?
Homeowners Association Law

What law requires a condominium association to hire a licensed property manager?
Condo Law

What legal recourse does a buyer or seller have in Florida if the other party refuses to close?
Real Estate Litigation Law

What recourse does the HOA have if a homeowner does not pay an assessment?
Homeowners Association Law

What recourse does the HOA have if a homeowner makes an alteration or improvement without HOA approval?
Homeowners Association Law

What reserve accounts are condominiums required to maintain?
Condo Law

What rights do tenants have when landlords are in foreclosure litigation?
Real Estate Litigation Law

What should I do if my landlord changed the lock on my door?
Landlord and Tenant Law

What types of damages are available in a breach of contract for real estate?
Real Estate Litigation Law

What will happen during the course of real estate litigation?
Real Estate Litigation Law

What will happen if I lose an eviction proceeding in Florida?
Landlord and Tenant Law

When can I rescind (cancel or terminate) an agreement or contract I signed to purchase property and return my deposit?
Real Estate Litigation Law

When can I sublet or assign my lease in Florida?
Landlord and Tenant Law

When do I need a written lease in Florida?
Landlord and Tenant Law

When does an amendment to the condominium bylaws become effective in Florida?
Condo Law

When does someone breach a real estate contract?
Real Estate Litigation Law

When does the association have to provide me with a financial report, and how do I know that they are providing me with the correct report?
Condo Law

When must a developer turn over control of a new condominium association to unit owners in Florida?
Condo Law

Where do the official records of the association have to be maintained?
Condo Law

Which court should I go to if I cannot settle my landlord tenant dispute outside of court?
Real Estate Litigation Law

Who adopts the annual budget, unit owners or the board of directors?
Condo Law

Who and when can someone put a mechanic's lien on my home?
Real Estate Litigation Law

Who determines each homeowners percentage share of assessments?
Homeowners Association Law

Who determines how much of my security deposit the landlord retains?
Landlord and Tenant Law

Who determines the amount of a special assessment and how it's paid?
Homeowners Association Law

Who has to pay for damage to the apartment caused by an air conditioner, toilet, or other appliance?
Landlord and Tenant Law

Who is responsible for a tenants compliance with the HOA Rules?
Homeowners Association Law

Who is responsible for damage to a house in Florida? The tenant or the landlord?
Real Estate Litigation Law

Who is the Mortgage Electronic Registration System (MERS) and why are they important to foreclosure litigation?
Real Estate Litigation Law

Who owns the common area in a homeowners' association?
Homeowners Association Law

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Law Firm Info

Law Office of Preston H. Oughton, PA
http://www.oughtonlaw.com/

10365 Hood Road South, Suite 204
Jacksonville, Florida 32257

(904) 834-4903

About Our Firm

Law Office of Preston H. Oughton, P.A. is a full service law firm located in Jacksonville, Florida. We provide a broad range of high quality legal services to our clients, including both businesses and individuals, throughout the greater Jacksonville area. Our firm is experienced with legal matters involving real estate transactions and litigation. We will act on your behalf, aggressively and competently, to get your real estate issue resolved.

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