....and assigns release, waive, acquit and forever discharge and hold harmless Property Name, Inc., and each of its, successors, assigns, members, officers, directors, employees, agents, managers, management companies, servants, heirs, executors, administrators, insurers, attorneys, and persons,... Read more »
They can always ask but you do not have to sign it. I would recommend you not sign it without having a lawyer review the entire document, which may not be worth the cost, considering you are volunteering.
Developer-controlled HOAs will do or say anything because they are counting on you not... Read more »
I owned 2 commercial condos.
I was going to rent one and the HOA consulted an attorney without my knowledge and wanted me to pay fees.
I sold the unit in question and have an estoppel letter from the HOA for that unit.
I am now selling my 2nd unit and they have transferred... Read more »
It depends on the amount of the charge and the language in the condo documents as to whether or not they can demand legal fees pre-litigation. Some documents do provide the association is entitled to pre-litigation fees. It would not be a case of slander of title unless an actual lien was filed.... Read more »
I live in Florida and the state law identifies what common areas are, but the HOA bylaws say the board has broad discretion with respect to what common areas are and have used the bill only certain homeowners and as a result circumvent county zoning rules
The common areas are designated by the plat of the community and the Declaration of Covenants, Conditions and Restrictions. The board has discretion on how to spend HOA funds to maintain common areas. I am not sure what you mean by the last part of your statement "have used the bill only... Read more »
and the other group revive the covenants and put their name on them and make them, and make them mandatory so the property owners have to pay them? This is with out votes...
It depends on what you mean by "group?" Revitalization is a very technical process and there must be a vote with a majority of the homeowners approving revitalization. If the revitalization was sent to the Dept. of Economic Opportunity (DEO) and obtained a confirmation, the homeowners... Read more »
Lease states any extended time for return, new owner states Florida law allows them 30 days to return security. I have read estoppel is last word and needs to be followed?
Florida law does provide 30 days to return a security deposit. If you are the tenant the problem you will have is you are not a party to the estoppel and it is very likely the buyer has not seen the estoppel. Even if the court were to grant you standing to enforce the estoppel, by the time you... Read more »
I sold my property to a corporation. Everything cleared and closed through title. Now HOA is sending me an Agreement to Mediate, stating that the HOA does not allow the property owner to be a corporation. Shouldn't this have been caught by the title company, and never gotten to closing? What... Read more »
If you do not mediate the HOA is free to file a lawsuit. As the owner of the property it was your responsibility to know the restrictions in the HOA documents. You will need to obtain a copy of the estoppel to see if the correct information was provided to the HOA and they may have some... Read more »
Each committee, except a committee to impose fines, has a chairman who is usually a board member unless the board decides to appoint someone else. Often the architectural committee is made up of the board of directors because of the lack of volunteers. A board members spouse can serve on a... Read more »
I am not sure what your question is since you did not ask one but assuming it is "can they do this?" the answer is, unfortunately, yes. There was no moratorium on HOA assessments. You should settle the amount in the demand letter as soon as possible because you are risk of losing your... Read more »
Square Footage, FMV or a flat rate that everyone pays. My neighbor, who was close to the Board President, claimed that the BOD reduced our budget and cut our fees by $10 per month, per unit. Now they are claiming we don't have any money. We are getting a fee increase and an assessment to... Read more »
Monthly assessments and special assessments are two different types of assessments and how they are calculated depends on the language in your association documents. I have never heard of monthly assessments being based on Fair Market Value. Special assessments can be passed for various purposes,... Read more »
My business was being sued. The case had been going on for about 2 years. I was having financial issues and could not make payments to my attorney. He requested to withdraw and I granted it. I did not realize how hard it would be to find a new attorney and during my search me and my other two... Read more »
Depending on how your business is organized, what personal liability you may have and the basis for the judgment, it may be wise to file bankruptcy to completely discharge you debts or to re-organize and pay over a five-year plan. The Tampa office of the Middle District of Florida has a pro bono... Read more »
I am aware of the 60 day notice to not renew the lease. The management company is not providing me with any info regarding my concern, I would like to know my rights as I think they will give me very little notice to vacate the property. I have emails were I have asked them repeatedly regarding the... Read more »
There is no law that requires your landlord to renew your lease. You should assume their silence means they are not going to renew.
Buyer broke and entered into property prior to closing and was living in property until police removed them. The contract violation ulitmately terminated sale. Do I have to return the $10,000 down payment? The buyer drilled the door locks, moved personal belongings in and was living there.... Read more »
That's impossible to answer without seeing a copy of the contract, which should have been reviewed by a lawyer before signing. You will need to consult with a lawyer now to explain the terms of the contract to you.
my ex signed a paper, owing me $6000.00 in 2009 and payable in 2014. She kept saying she could not pay until the house was sold. In 2016 I sent here an e-mail that the money was overdue and I would charge her interest.
Now that house got sold for $320.000.00 and I refuse to cancel the lien... Read more »
It depends on the type of lien. If it was a judgment lien it is likely still valid but a lawyer would need to review the lien. Anyone can sue anyone else in the US. The question is whether or not she can win. You need to address this immediately to preserve any rights you have and to avoid... Read more »
I'm looking into micro hard lending for smaller condo hotel units as no one finances them and they must be purchased w cash. They will only lend 100k or more which is more than the cost of many units. If I required 50% down this would secure the loan adequately. Are these units treated any... Read more »
You should hire a real estate lawyer, preferably one with condo-tel experience, to review the condominium documents because these types of condominiums a have their own special headaches other than foreclosure and a lot is affected by the Declaration of Condominium and other documents. There is a... Read more »
We made this without asking for but It was because of misunderstanding by my son we try to apology for our mistake but nothing work we still have to take out the roof
The HOA is not likely to approve any variance but it never hurts to ask. Sometimes the board of directors are not aware they can, but are not required to, grant a variance. If the roof is drastically different than the colors that are allowed the board of directors cannot grant a variance because... Read more »
My husband is a volunteer for our home owners association, he's the President. The association was selling vacant property and there was a company that wanted to purchase it. They agreed on a price, however, at the closing, the realtor had added $500 to her commission and my husband would... Read more »
You need to contact a real estate litigator. There are real estate attorneys who do closings and other transactional business, real estate litigators who do court cases and real estate attorneys who do both. Both is preferable. There are some pieces of information missing from this so it's... Read more »
Yes, you can. It might be difficult to find a buyer but you are still able to sell it.
You do not provide enough facts for a lawyer to give you adequate advice. Generally, if the property has a mortgage you have to pay the mortgage to avoid it being foreclosed on by the lender.
At closing we were not told about the retention pond and the private road. There was a abutting road disclosure. Nothing else. There was a line about you must join the HOA and follow the CCR. The CCR’s were not given prior to closing. Hidden in there was a line about the HOA being responsible for... Read more »
This is why it is so important to have your own real estate lawyer represent you in a transaction. You will now need one to review your closing documents, the HOA documents, your survey of your property and the neighborhood plat, which often attached to the HOA documents but not always. The HOA... Read more »
The HOA can contract for bulk cable services and each owner is billed their share of the expense. Usually these contracts have an opt-out for those owners who do not want to use the services. You would need to get more information and take that and a copy of your HOA documents to a HOA lawyer to... Read more »
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