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I attempted to file a Notice of Commencement on a construction project. The property is owned by a corporation.

FloridaNotice of Commencement

The president of the corporation is incapacitated after suffering a recent stroke. He has given Power of Attorney to his brother to handle all his affairs. Therefore, his brother signed the NOC and followed his signature with the letters P.O.A. indicating that he had the legal power to do so. The County Clerk rejected the NOC stating that the POA brother should have signed his brother name. Is this correct? How could that be notarized?

1 reply

Mar 13, 2020

Florida Notices of Commencement rules strictly require that the document be signed by the owner of the property. However, if the property is owned by a corporate entity, whoever has signing power for that entity should be able to sign the Notice of Commencement as "owner." So, if someone has the authority to sign for a corporation, they'll be able to sign the Notice of Commencement. But, if the printed name and signature are different, it makes sense that it'd raise an eyebrow at the recorder's office. I hope that was helpful! For more info on Florida Notices of Commencement: Florida Notice of Commencement FAQs & Guide.

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