Charles B. Capps

Charles Bryan Capps joined the Pavese Law Firm in 2008, became a partner in 2013 and co-managing partner in 2021.  Mr. Capps is a Florida Bar Board Certified in Real Estate Law and is also Florida Bar Board Certified in Condominium and Planned Development Law (Board Certification is the highest level of recognition by the Florida bar for competency and experience of a lawyer practicing in a specialty area).  As of 2020, Mr. Capps is one of twenty-eight lawyers in the state that is Florida Bar Board Certified in both Real Estate Law and Condominium and Planned Development Law.  He primarily focuses his practice in the areas of commercial and residential transactions, Condominium and Homeowner’s Association Law, Real Estate Development, Corporate Law and transactions, and banking and financing.

He represents and advises clients including top national homebuilders, corporations, developers, community associations, non-profit organizations, contractors, lending institutions, and individuals on wide range of issues including, but not limited to, the following:

Real Estate

• Residential, commercial, and development real estate transactions and closings
• Title insurance
• Preparation, negotiation, and enforcement of commercial and residential leases and contracts
• Analysis of title issues and claims
• 1031 Exchanges
• Joint Venture Agreements
• Real Estate Litigation

Community Associations

• General legal counsel regarding statues, rules and regulations for community associations in Florida
• Drafting, interpreting, and amending community association governing documents, including Declarations, Articles of Incorporation, Bylaws, Rules and Regulations, and Architectural Review Guidelines
• Covenants Enforcement
• Drafting and negotiating contracts with vendors and contractors  
• Collection of association assessments and fees, including lien enforcement and foreclosure
• Condominium and homeowners’ association litigation and dispute resolution
• Disputes arising from maintenance and repair of common areas
• Common area improvements (clubhouse and golf course renovations, boat docks, and other improvements) 

Real Estate Development and Land Use

• Review and analysis of local government ordinances and land development codes
• Coordination with other consultants to accomplish client goal and objections including brokers, engineers, surveyors, contractors, and environmental consultants
• Representation of landowners in planned developments, variances, re-zoning, obtaining permits, and the subdivision and platting of land
• Preparation of title certifications and opinion for local governments
• Preparation of Homeowners’ Association, Community Association, and Condominium governing documents including declarations, articles of incorporation, bylaws, and easements.
• Submittal of condominium filings with the Division of Florida Condominiums, Timeshares, and Mobile Homes

Business and Corporate Law

• General legal counsel for corporate and business entities 
• Preparation of entity documents including operating agreements, bylaws, shareholder agreements and buy-sell agreements
• Representation of entities transactions including asset sales, stock sales, and financing transactions

Banking and Finance

• Representation of lending institutions and the preparation of commercial and residential loan documents including mortgages, promissory notes, loan agreements, modifications, and forbearance agreements
• Representation of borrowers in financing transactions

Construction Law

• Preparing and filing construction liens and statutory notices, including Notices of Commencement, Notices to Owner, and lien waivers and releases for compliance with Chapter 713, Florida Statutes
• Drafting, reviewing, and negotiation of construction contracts and change orders
• Administrative representation in licensure and permitting matters 
• Construction lending
• Notices of construction defects under Chapter 558, Florida Statutes

Born in Melbourne Beach, Florida, Mr. Capps received his undergraduate degree in Business Administration with a concentration in Finance and Real Estate from the University of Florida. Mr. Capps then went on to obtain his law degree from the University of Florida Levin College of Law earning a certificate in Environmental and Land Use Law.  He is a member of the Lee County Bar Association, Real Estate Investment Society, and is a Board Member of the Southwest Florida Real Estate Council.

Representative Experience

• Representation of buyers and sellers in over $80 million of residential real estate transactions in a single year
• Preparation and filing of over 100 new condominium projects with the State of Florida since 2008
• Preparation of governing documents for over 125 homeowners’ and property owners associations since 2008
• Negotiation and Closing of a $20 million commercial marina and the related corporate assets
• Negotiation of a stock sale of a $25 million dollar construction related company