Cuevas, Garcia & Torres, P.A.Cuevas, Garcia & Torres, P.A.2026-08-09T15:23:58Zhttps://www.cuevaslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1602198/2020/05/cropped-apple-touch-icon-32x32.pngOn Behalf of Cuevas, Garcia & Torres, P.A.<![CDATA[What types of rules can an HOA enforce?]]>https://www.cuevaslaw.com/?p=489762026-08-09T15:23:58Z2026-08-09T15:23:58ZA homeowners association (HOA) has the legal right to enforce certain rules and regulations. These do have to be spelled out in advance in the Covenants, Codes and Restrictions (CC&Rs) that new residents sign. This way, they understand what they are agreeing to when they join the HOA initially.
Every association is unique, but there are many potential rules, such as:
Regulations about renting or subleasing the home
Behavior governing activities in common areas
Rules about maintenance and upkeep
Regulations regarding aesthetic designs or stylistic changes to homes
Rules regarding pets
Responsibilities on the property, such as where to park a vehicle or when to put trash cans by the curb for pickup
It is important that new homeowners read the Covenants, Codes and Restrictions closely, as the HOA can take action if these rules are broken.
What happens when residents violate these regulations?
If a resident violates the regulations, the first step is often simply to notify them and ask them to remedy the issue. It may be an unintentional oversight or something that can be easily fixed without conflict.If the violations continue, however, monetary penalties are sometimes levied on the homeowner. They may have to pay a daily fee until they rectify the situation. In some cases, the HOA can also take additional steps, such as restricting a resident's access to common areas and amenities, like a swimming pool or a golf course.These types of violations and enforcement actions can sometimes lead to disputes with homeowners within the HOA, and it is important for those involved to understand what legal steps to take.
]]>On Behalf of Cuevas, Garcia & Torres, P.A.<![CDATA[The effects of the new asylum processing rules]]>https://www.cuevaslaw.com/?p=489742026-07-26T22:56:53Z2026-07-26T22:56:53ZCredible fear interview basics
The credible fear interview is the first major step for many who request protection after entering the United States. An asylum officer evaluates whether the applicant has a significant possibility of meeting the eligibility requirements for asylum. This process helps identify individuals who should not be returned to their home countries before a full hearing.
A few core elements shape each interview.
Timing: Many interviews occur within days of arrival due to accelerated processing rules.
Content: Officers ask detailed questions about past harm, threats and reasons for fearing return.
Evidence: Applicants may present documents or statements that help explain their circumstances.
Interviews end with a determination that either moves the case forward or places the applicant into removal proceedings.
Florida-specific impacts
Florida ports of entry have seen increased use of expedited removal, which means more individuals receive credible fear interviews soon after arrival. This trend affects applicants from regions with strong ties to the state, including the Caribbean and Latin America. A swift response to requests for information is crucial because processing centers follow strict timelines.
Moving forward
As an applicant, understanding the accelerated rules that now shape asylum processing helps you respond appropriately. Organizing your documents, preparing a clear narrative and meeting all requests for information supports a stronger presentation.
While these steps can help with rapid reviews, legal guidance remains essential to minimize complications and better manage the review process.]]>On Behalf of Cuevas, Garcia & Torres, P.A.<![CDATA[What every Florida construction contract should cover]]>https://www.cuevaslaw.com/?p=489732026-07-24T08:22:20Z2026-07-24T08:22:20ZA detailed scope of work prevents most disputes
Your contract should describe the work in enough detail that both you and the property owner know exactly what is included, what is not, and what happens when the owner requests something outside the original agreement. A clear change order process tied to the original scope can save you from absorbing the cost of work you never agreed to do for free.
Payment terms should leave no room for interpretation
A clear payment section protects your cash flow and gives you a paper trail if the owner falls behind. Your contract should spell out:
The payment schedule
Draw amounts tied to project milestones
How long the owner has to pay each invoice
Under Florida's prompt payment law, owners on private projects generally must pay within 14 days after receiving a proper invoice unless your contract specifies otherwise. If you are working on a residential project valued over $2,500, your contract must also include:
A mandatory lien law notice printed in 12-point, capitalized, boldfaced type
Required disclosures about the Florida Homeowners' Construction Recovery Fund
Missing these requirements can expose you to licensing penalties and make your contract harder to enforce.
Address what happens when things go wrong
Even well-managed projects run into problems. Your contract should include a process for handling disputes, whether through mediation, arbitration or litigation, and specify which county's law governs.
It should also include a notice that construction defect claims are subject to Florida's pre-suit process, which gives both sides a chance to inspect and resolve defect issues before going to court.
Working with a construction law attorney can protect your business
A contract that looks complete can still leave you exposed if it is missing Florida-specific language or drafted in a way that is difficult to enforce. Having a lawyer review your standard contract before you use it on the next job can help you identify gaps, add required provisions, and make sure your agreement actually protects the business you have built.
]]>On Behalf of Cuevas, Garcia & Torres, P.A.<![CDATA[Common reasons for green card denials and how to avoid them]]>https://www.cuevaslaw.com/?p=489702026-07-08T12:48:09Z2026-07-23T12:46:45ZIncomplete or inaccurate documentation
The accuracy of your paperwork can make or break your immigration application. Even a small mistake can trigger a request for additional evidence or result in a denial.
Having a checklist and reviewing each form carefully can help you confirm that all signatures and dates are included. Being thorough also helps you ensure every foreign document has a proper certified English translation prior to submitting it.
Financial ineligibility
In many immigration cases, the petitioner must show they have the financial ability to support the applicant. If you do not meet the required income level under the current Health and Human Services (HHS) poverty guidelines, your application may be rejected.
Checking the current income requirements before filing can help ensure you qualify as the sponsor. Otherwise, you may need a joint sponsor who meets the requirements and can also submit a complete Form I-864 (Affidavit of Support).
Criminal history and misrepresentation
While a criminal record does not automatically disqualify you from petitioning a loved one or yourself, some criminal convictions can make a person ineligible for immigration benefits. Additionally, lying or leaving out information on your application can cause serious problems, including denial or a permanent bar.
It is crucial to be completely truthful on all immigration forms and during interviews. If necessary, you can talk to a lawyer about your past arrests and convictions so they can see if a waiver or other option is available.
Missed deadlines and appointments
Missing a deadline or appointment can seriously harm an immigration case. Failing to respond to a Request for Evidence (RFE) before the deadline or not attending an interview can lead directly to a case denial.
You can avoid this by keeping your address updated with USCIS, monitoring your case status regularly online and checking your mail frequently. If you get an RFE or appointment notice, responding right away is also crucial.
Moving forward with support
Because immigration laws change frequently, leaving a green card application to chance is a major risk. What worked for a friend two years ago may not work for you today. Seeking legal guidance can help you improve your submission before it reaches a USCIS officer's desk.]]>On Behalf of Cuevas, Garcia & Torres, P.A.<![CDATA[Does your condo board meet Florida safety rules?]]>https://www.cuevaslaw.com/?p=489692026-07-02T08:54:34Z2026-07-02T08:54:34ZFlorida condo living now comes with more safety duties, especially for older buildings. Recent changes in state law have placed greater responsibility on condo boards to monitor structural conditions, plan for long-term repairs and keep owners informed about the health of their buildings.
These updates were designed to prevent serious safety failures and make sure that aging properties receive proper attention before problems become emergencies. If you own a unit, your board may now be required to coordinate milestone inspections and make informed repair decisions based on professional evaluations.
The red flags owners should not ignore
You do not need to be a building expert to ask smart questions. A look at meeting minutes, budgets and notices can show whether your board is staying on top of its duties. Watch for these signs:
The building is three stories or higher, but you have not heard about milestone inspection planning.
Board minutes mention concrete damage, balcony issues, roof leaks or water intrusion without a clear repair plan.
Owners receive sudden assessment notices with little explanation about the inspection or reserve process.
The budget still treats major structural repairs as something that can be delayed year after year.
The board does not explain whether licensed engineers, architects or qualified reserve professionals are involved.
Records are hard to access, even when owners ask for inspection reports or meeting documents.
These signs do not always mean your board broke the law, but the community needs better communication and a clearer path for funding repairs. When safety rules feel unclear, consulting with a legal professional is often the safest way to understand what is next. They can review association records and respond before the matter becomes more serious. ]]>On Behalf of Cuevas, Garcia & Torres, P.A.<![CDATA[Can family members travel with people who have work visas?]]>https://www.cuevaslaw.com/?p=489682026-06-17T02:04:28Z2026-06-17T02:04:28ZImmediate family can travel together
Professionals with well-developed careers might not agree to accept positions in the United States if doing so requires a multi-year separation from their spouse and children. Thankfully, domestic immigration laws allow the immediate family members of professionals with work visas to apply for attached visas.
Spouses and unmarried, minor children can typically travel with employees who secure work visas for a position in the United States. The immediate family visas available for the spouses and children of professionals typically last for the same amount of time as the related employment visa and are eligible for the same number of renewals.
This system helps prevent family separation. Of course, each family member seeking a visa must meet medical standards and pass a background check. There are costs for each separate visa, not just the original employment visa.
Workers seeking employment visas often need assistance managing paperwork to help their family members travel with them. Working with an employment immigration attorney can help professionals pursue visas, renew visas and even adjust their status to secure green cards once they qualify.]]>On Behalf of Cuevas, Garcia & Torres, P.A.<![CDATA[What are the requirements for adverse possession in Florida?]]>https://www.cuevaslaw.com/?p=489672026-06-09T14:29:20Z2026-06-09T14:29:20ZAdverse possession is a legal concept that can allow someone to acquire ownership rights in property they do not originally own. While the idea may seem unusual, Florida law sets specific requirements that must be satisfied before such a claim can succeed.
Many adverse possession cases arise from boundary disagreements, long-term property use or other real estate disputes. Since ownership rights are involved, courts carefully examine whether all legal requirements have been met before recognizing an adverse possession claim.
Possession for at least seven years
Florida's adverse possession law generally requires continuous possession of the property for at least seven years. The person claiming ownership must maintain possession throughout that period without significant interruptions. A temporary or sporadic presence on the property is usually insufficient to support a successful claim.
Actual use and control of the property
A claimant must physically use the property as an owner would. This may involve maintaining the land, making improvements, cultivating it or otherwise exercising control over the property. Courts often look for evidence showing the individual treated the property as their own rather than merely visiting it occasionally.
Open and visible possession
The use of the property cannot be secretive. Possession must be obvious enough that a reasonable property owner could notice someone occupying or using the land. This requirement helps distinguish adverse possession from hidden or temporary trespassing.
Exclusive and uninterrupted possession
The claimant generally must possess the property without sharing control with the true owner or the public. Possession must also remain continuous during the required period.If multiple parties regularly exercise ownership rights over the property, an adverse possession claim may become more difficult to establish.
Color of title or payment of taxes
Florida's adverse possession law includes additional requirements beyond simple occupancy. A claimant generally must possess the property under color of title or satisfy statutory requirements involving property tax payments for the required period. Adverse possession cases involve complex property rights and strict legal standards, and property owners and claimants should proceed carefully. If questions arise regarding Florida's adverse possession law or other real estate disputes, seeking legal guidance may help you better understand your rights and available options.]]>On Behalf of Cuevas, Garcia & Torres, P.A.<![CDATA[What rights do immigrants have during ICE encounters in Florida?]]>https://www.cuevaslaw.com/?p=489652026-05-29T10:14:39Z2026-05-29T10:03:16Z encounter with immigration officers can feel stressful and confusing, especially if you do not know what to expect. Still, you may have important rights during interactions with U.S. Immigration and Customs Enforcement, often called ICE. Understanding those rights may help you stay calmer and make informed choices if an encounter happens in Florida.
Protecting your privacy during questioning
The U.S. Constitution protects many people during law enforcement encounters, including immigrants. In many situations, you may choose to stay silent when officers ask questions about your immigration status, where you were born or how you entered the country.You may also choose not to sign documents until you understand what they mean. Some forms could affect your immigration case or your ability to stay in the United States.During an encounter, it may help to stay calm and avoid sudden movements. You may also want to avoid giving false information or fake documents because those actions could create more legal problems.
Understanding your rights during home visits
ICE officers may not always enter your home without permission. In many situations, officers need a warrant signed by a judge before entering a private home without your consent.However, immigration officers sometimes use administrative immigration documents during arrests, especially if someone has a final order of removal. Because these situations can differ, the details of each encounter may matter.If officers come to your door, you may want to ask them to show identification or place documents against a window or under the door. Some people also keep these points in mind during a home encounter:
You may ask officers why they are there
You may choose not to open the door right away
You may review documents carefully before responding
You may choose to stay silent
Even so, every situation is different and officers may respond in different ways depending on the circumstances.
Handling searches of your belongings in public
During an encounter in public, officers might ask to search your belongings, phone or vehicle. In some situations, you may refuse permission for a search. However, officers may still conduct certain searches under specific legal exceptions.Because these encounters may change quickly, many families prepare ahead of time. For example, some people keep important phone numbers in a safe place and make plans for child care or medical needs in case of an unexpected detention.
Knowing your options matters
ICE encounters often create fear and confusion, especially when children or family members witness the situation. Learning about your immigration rights ahead of time may help you feel more prepared and understand your options during a stressful moment.Immigration policies and enforcement practices continue to change and each case may involve different concerns. As a result, understanding your legal rights may help you respond more carefully if an encounter occurs.]]>On Behalf of Cuevas, Garcia & Torres, P.A.<![CDATA[What to do when a property owner won’t pay for a project]]>https://www.cuevaslaw.com/?p=489642026-05-27T23:39:21Z2026-05-27T23:39:21ZProtecting your right to payment
Before taking any action, it's essential to carefully review the construction contract. It may contain important provisions regarding payment deadlines, change order procedures and retainage.
Often, the property owner may claim that the contractor didn't comply with a contractual requirement. Reviewing the contract first can help identify potential issues. Additionally, you will want to gather supporting documentation, including:
Change orders
Invoices
Payment schedules
Photos of completed work
Inspection reports
Emails and text messages
Your next step should be to determine the reason for the nonpayment. Understanding why the owner is withholding payment can guide future strategy. Not every payment dispute has the same cause, and sometimes it can be resolved through direct communication.
Next steps
You will want to address any payment problems quickly. Waiting too long can weaken your position and create additional financial strain. Stay professional and try to keep all communication in writing. Avoid being emotional or confrontational.
Another important decision is whether to continue work on a project after payments stop. Continuing work without payment can increase financial losses. However, walking off a project without following proper procedures can expose you to breach-of-contract claims.
A construction lien is often the strongest tool available to contractors seeking payment. A valid lien can place pressure on the owner because it often interferes with refinancing, sales or transferring the title. Lien rights are highly technical, so it's vital to comply with statutory notice requirements and meet filing deadlines. If you're facing a payment dispute, it’s smart to have legal guidance to help you evaluate your options and take steps to protect your financial interests.]]>On Behalf of Cuevas, Garcia & Torres, P.A.<![CDATA[What can jeopardize your lawful permanent resident status?]]>https://www.cuevaslaw.com/?p=489632026-05-13T13:08:03Z2026-05-13T13:08:03ZBecoming a lawful permanent resident is a major milestone for many immigrants in the United States, but keeping your green card requires more than simply renewing it every few years. Certain actions or decisions can place your immigration status at risk.
Whether you recently obtained your green card or have been a lawful permanent resident for years, it is important to stay informed about what can jeopardize your status and avoid unnecessary immigration problems.
Certain criminal convictions can end your permanent residency
Not every criminal offense leads to deportation, but certain charges and convictions can have serious immigration consequences. Crimes involving fraud, theft, domestic violence or aggravated felonies may trigger removal proceedings even for long-time permanent residents.
Spending too much time outside the country
Green card holders who spend extended periods outside the U.S. risk being found to have abandoned their residency and could face complications when attempting to reenter the country. If you intend to travel abroad for a prolonged period, consider how it may affect your immigration status before making travel plans.
Engaging in fraud or misrepresentation
Any fraud or willful misrepresentation of material facts can result in the loss of your permanent resident status, whether it occurred during your initial green card application or afterward. Immigration authorities take this seriously, and there’s no statute of limitations that protects you. This means false information, fraudulent documents, sham marriages or intentionally misleading immigration officials can create problems years later.
Failing to follow immigration requirements
Permanent residents are expected to follow immigration laws to retain their status. Failing to file taxes properly, illegally voting or failing to update your address with immigration authorities may create legal complications. Similarly, if your green card was issued on a conditional basis, failing to remove those conditions within the required timeframe could also place your lawful permanent resident status at risk.Protecting your green card starts with staying informed. If you have concerns about your lawful permanent resident status, seeking urgent professional legal support can help you avoid costly mistakes and safeguard your future in the United States.]]>