Hallandale Beach Lady Bird Deed Frequently Asked Questions
If my daughter inherits my condo, does she inherit the unpaid assessments too?
Yes. Fla. Stat. § 718.116(1)(a) provides that a unit owner, regardless of how his or her title has been acquired, is liable for all assessments which come due while he or she is the unit owner, and is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title. That phrase covers inheritance. A Lady Bird Deed moves the unit cleanly and avoids probate on it, but it does not clean the ledger. Whatever is owed on the day you die travels with the unit.
Can the association stop my beneficiary from inheriting?
Not from inheriting title. Many older declarations require association approval of a transfer, and some contain a right of first refusal, but these operate on the transfer rather than on your right to name a beneficiary. What the association can do is enforce what it is owed, refuse to issue estoppel until it is paid, and in some communities restrict occupancy or leasing. Since a Lady Bird Deed is a present recorded conveyance even though the beneficiaries take nothing until death, it is worth reading the declaration before drafting rather than after.
What is a milestone inspection and why does it matter to my heirs?
Florida requires a milestone inspection for condominium and cooperative buildings of three habitable stories or more. The first is generally required by December 31 of the year the building reaches 30 years of age based on the certificate of occupancy, and a local enforcement agency may require it at 25 years where local circumstances such as proximity to salt water warrant it. Hallandale Beach is a coastal city with a large stock of older buildings, so many are in scope. Inspections and the associated reserve studies frequently lead to special assessments, and those land on whoever owns the unit when they come due.
My beneficiary could not afford a large special assessment. What should I do?
Have the conversation while you are alive, because it changes what the right plan is. A beneficiary who cannot carry the assessments is a beneficiary who will have to sell quickly, and possibly at a bad moment. Options worth discussing include leaving liquid assets alongside the unit so there is money to meet the obligation, naming the beneficiary who is actually able and willing to keep it, or using a trust that can direct a sale and divide the proceeds rather than handing one person a unit with a bill attached.
Is my building a condominium or a cooperative?
It matters enormously and many owners are unsure. If you hold a deed recorded in the county records with a book and page, you own a condominium unit and a Lady Bird Deed can convey it. If you hold a stock or membership certificate together with a proprietary lease or occupancy agreement, you are in a cooperative, where the association holds legal title and there is generally nothing for a deed to convey. Our Deerfield Beach page covers cooperatives in detail.
Where is a Lady Bird Deed recorded for Hallandale Beach property?
In the Broward County Official Records. Broward is unusual in that deeds are recorded by the county Records, Taxes & Treasury Division rather than the Clerk of the Circuit Court. The counter is at the Broward County Governmental Center, 115 South Andrews Avenue, Room 114, Fort Lauderdale, generally open 8:30 a.m. to 5:00 p.m. weekdays. Deeds may also be mailed or submitted through an approved e-recording provider.
I live abroad part of the year. Does that change anything?
It may. Homestead status is a question of fact, resting on permanent residency, actual occupancy and intent, rather than on what is convenient. If the unit is not your permanent residence, the constitutional homestead protections and the property tax exemption generally do not apply to it, which changes both the creditor analysis and the Medicaid estate recovery analysis. For an owner whose main home is in another state or country, a Lady Bird Deed is often still worth recording purely to avoid a Florida ancillary probate case.
Will a Hallandale Beach Lady Bird Deed affect my homestead exemption?
If the unit is your homestead, a properly drafted deed should not affect your homestead exemption or your Save Our Homes assessment cap during your lifetime. You retain an enhanced life estate, you remain in possession, and the Broward County Property Appraiser continues to treat you as the owner of record. The cap resets at your death on the change of ownership, which happens with or without the deed.
Does a Hallandale Beach Lady Bird Deed protect the unit from Medicaid estate recovery?
Florida limits Medicaid estate recovery to assets that pass through the probate estate. Because a Lady Bird Deed moves the unit outside probate, it is one of the standard tools for reducing exposure on a Florida homestead. With 23.4% of residents aged 65 or older, the oldest profile of any market on this site, long-term care is a live question for a great many owners here. The deed does not qualify anyone for Medicaid, and the protection depends on the unit keeping homestead status and passing to heirs. See our Medicaid guide.
Do my beneficiaries get a stepped-up basis?
Generally yes. Because you keep the enhanced powers, the unit remains in your gross estate at death, which normally produces a stepped-up cost basis, meaning their basis becomes the date-of-death value rather than what you paid. Where a beneficiary is likely to sell, which is common with an inherited condominium carrying assessments, the step-up can eliminate most of the capital gain on that sale. Confirm the treatment with a tax advisor.
Can a Hallandale Beach Lady Bird Deed be changed or revoked later?
Yes. You can sell the unit, refinance it, lease it if the declaration permits, add or remove beneficiaries, or revoke the deed entirely without the consent of the people named to receive it. A new deed is prepared and recorded to make the change effective. That flexibility matters in a building facing inspection work, because you may want to sell rather than wait, and the deed never gets in the way of that decision.
More general questions are answered on our Florida Lady Bird Deed FAQ page.
