If my wife and I are Joint Tenants in Common and I want to file a Notice of Commencement is it sufficient for me, one owner, to sign the notice and have it notarized in Florida.
1 reply
May 13, 2020
A co-owner is entitled to sign a Florida Notice of Commencement, in all likelihood.
Fla. Stat. § 713.13 is pretty strict about owners being the only ones who can sign a Notice of Commencement. However, § 713.01(23) defines an "owner" pretty broadly. That definition includes "a person who is the owner of any legal or equitable interest in real property, which interest can be sold by legal process, and who enters into a contract for the improvement of the real property."
So, if you own an interest in the property and if you're the one who entered into the contract for the property improvement, you should be able to sign the Notice of Commencement without issue.
For further discussion on Florida Notices of Commencement and how they affect your rights: Florida Notice of Commencement FAQs & Guide.