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Questions Answered by Barbara Billiot Stage
2 Answers | Asked in Real Estate Law for Florida on
Q: My best friend is told that a subcontractor can put a lien on her condo because the company is filing a lawsuit against

My best friend is told that a subcontractor can put a lien on her condo because the company is filing a lawsuit against her. She called me frantic and said that they would put a lien on her home and that they could evict her. I never heard of them evicting you over a lien. Mind you we are in... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 24, 2022

Your friend needs to get a second opinion or post the question herself. It is the unlicensed practice of law for you to give her legal advice, even second hand. She should have a lawyer that specializes in condo law.

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4 Answers | Asked in Bankruptcy and Collections for Florida on
Q: My mom is being sued by a creditor even though she filed bankruptcy on them almost seven years ago. Can they sue?

The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 22, 2022

Did she get a discharge of her debts or was the case dismissed? Was the debt included in the bankruptcy? Was it a secured debt? If it is a secured debt (mortgage on real estate, car loan), the company can move forward with an action to recover the property. More facts are needed and she should... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: FL HOA LAW. Board meeting minutes.

is 30 days considered a reasonable timeframe for the minutes or draft minutes to be provided to the membership following a board meeting?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 20, 2022

The draft minutes are official records until they are converted to final form and approved. All they have to do is write "DRAFT" across them. This comes from arbitration and court rulings. There is nothing in the Florida Statutes that requires the minutes to be approved within a... Read more »

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1 Answer | Asked in Contracts, Real Estate Law, Collections and Small Claims for Florida on
Q: I have a motion for attorney fees against me, they are threatening a lien on a property I do not own?

I filed a small claims suit against my boyfriend's HOA for wrongful tow of my car. Missed the hearing, so it was dismissed. Judge ruled for the motion for attorney fee's, $3,000. Letter was sent to the address where the incident took place (not a home I own, but my boyfriend does). They... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 20, 2022

HOA documents provide for prevailing party attorneys' fees and costs to be assessed against a party litigating a HOA matter. Owners are liable for the actions of their guests, tenants and anyone living in their property. A lawyer would need to read the HOA declaration and the complaint to... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: My fiance and I are splitting up and my name is on the deed to our townhome. I would like to move out. How do I proceed
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 18, 2022

You can move out but you have an ownership interest in the home, may have equity and might be liable for a mortgage. If you signed the note you are liable for the debt. If you didn't sign the note you are not liable for the debt but would named in any foreclosure if your fiance doesn't... Read more »

1 Answer | Asked in Native American Law and Real Estate Law for Kentucky on
Q: I have rights to mineral land and Indian rights as well and I have no idea what to do

My mother was at least half Cherokee Indian and she was born in Menifee County Kentucky to A.R. in 1939. My half sister still lives on the land and she always refuses to give me any information

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 15, 2022

You would need to re-post your question under Kentucky since the property is located in Kentucky. The laws are different from state to state. Unless the land is tribal land and your mother was a registered member of the tribe or there is some special law in the State of Kentucky regarding Native... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Can florida home owners association board of directors vote to approve bylaws?

Our Florida homeowners association is 12 years old. We've only ever had CC&Rs. The new board has sent out a notice that in a day there will be a meeting and new bylaws will be passed. Never held a meeting to let us look over new bylaws or suggest changes. The board states they are able to... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 7, 2022

CC&Rs and bylaws are two different documents. The CC&Rs are covenants, conditions and restrictions that run with the land and include affirmative covenants (duty to pay assessments) and restrictive covenants (restrictions on land use). The CC&Rs also give authorization to the HOA to... Read more »

2 Answers | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Florida on
Q: In FL is it illegal/can I be sued for building a fence off of my neighbors existing fence?

I bought my property less than a year ago. On the right side my neighbors already had a 4ft wire fence in place (about a 30 year old fence). My husband and I wanted to cross fence our property to make an area for our dogs. To do this we bought supplies and connected it to the existing boundary... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 6, 2022

You do not become a joint owner of the fence. You are not allowed to attach anything to their fence without permission from the owner of the fence. I doubt they will give you permission now. Your best option is to put posts on your land and attach the fence to your posts. You might need to... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: How many time can the county code enforcement keep opening and closing the same complaint that a Hoa says exisct but doe

I have gone above n beyond what I needed to do to clear this up. County finds no violation after inspection n closes matter. This continue to keep happing and I m over being harressed,It taking a toll on me

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 4, 2022

It appears, and I am just guessing here since you didn't state what the violation is, that the HOA is trying to use Code Enforcement to enforce a restrictive covenant that is not a county violation but is a violation of your HOA documents. My guess, again just a guess, is they will figure... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My owner sold my unit in January and my lease expires in June Now the new owner is holding my security deposit for

Repairs for things that were here when I moved in, like a leak stain in the ceiling from an old ac and a crack in the tile at the front door. How am I supposed to get my deposit back without being held responsible for things I didn't damage?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 3, 2022

You would need proof the damages were pre-existing, such as photographs with a date/time stamp, a video with a date/time stamp or a form signed by you and the landlord.

1 Answer | Asked in Real Estate Law for Florida on
Q: Foreclosure. My ex wife bought a home while we were still married. I signed mortgage but not the promissory note.

Her home is being foreclosed on. We are now divorced. Will I be liable for the debt?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 3, 2022

No. Unless you signed the note you are not liable for the debt, which is the note. When you live in a property with a spouse you are required to sign the mortgage acknowledging there is a debt against your home that could be foreclosed.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Is there a way to challenge a county ordinance in a court, with the hopes to have it repealed or amended?

The county ordinance prohibits homeowners from having on the property in front, in their own driveway an RV (recreational Vehicle)-county classifies just about all towed vehicles RV's (boat, utility trailer...). Seems a little bit of a Govt overreach. Are there any Fl state statutes that... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 2, 2022

County ordinances can be more restrictive than state statutes as long as the two are not in conflict. Most counties have these ordinances because most homeowners do not want to see recreational vehicles and boats parked in their communities. Challenging a law in court is not an easy or cheap... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My HOA added leasing restrictions after I purchased the home. Can HOA prevent me from leasing my home?

I purchased my home in 2019, HOA amended leasing restrictions in Jan 2020. I have not voted for this amendment. Can HOA still prevent me from leasing my home? and what are implications if I go ahead and lease it?

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 29, 2022

Rental restrictions are not effective against current owners who do not consent but you have to be sure there was no sort of rental restriction in place already and the restriction itself was not further amended. Rather than just renting your home I would check with the HOA first to make sure they... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I purchased a trailer in a mobile home park and the park did a back round check that was good.

now they are asking me to pay back lot rent from before I purchased the trailer how can that be

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 25, 2022

If you purchased the mobile home from someone other than the park owner it is entirely possible you are responsible for the back rent of the previous owner. You will need to take any documents you have to a real estate lawyer, preferably one with mobile home park lot tenancy experience, to review... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Can an inactive entity file suit on a contract entered into while inactive in florida?

If inactive entity pays state corporate fees after filing suit is the entity protected retroactively? Ie contract void due to non existent entity.

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 24, 2022

Yes, an inactive entity can re-establish itself and its actions are retroactive.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can a property manager non-renew a lease as retaliation on a nonresidential property?

I've asked my property manager at my business location to please enforce the lease. My neighbor runs a machine that vibrates the building around my office. I've been unable to use my office for 6+ months. The lease has a specific clause that machines that vibrate the building or cause... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 23, 2022

A landlord can refuse to renew a contract for any reason as long as it is not discriminatory (based on race, sex, color, etc.). FS 83.64 is residential leases. Chapter 83, Part 1 governs non-residential leases. I would think the landlord would have agreed with you the machinery needed to be on... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: My ex fiancé sign the mortgage but not the note. If the house defaults is the person not on the note impacted at all ?

They say he is will be responsible if the house defaults. Quicken loans states he is not and I don’t need to refinance. His attorney is forcing me to refinance or sell. I can’t refinance right now. I don’t want to sell my home. I don’t think quicken loans will do a mortgage modification... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 19, 2022

If he is not on the note he is not liable for the debt but he would be named in a foreclosure action in order to clear the title. It appears he may be on the deed from your statement. If he is then you need to hire a lawyer of your own to see what your options are regarding this matter.

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2 Answers | Asked in Real Estate Law for Florida on
Q: 472.029 What rights does the third party property owner have? Can he request proof of license and work order?

472.029 seems to be in direct conflict with property owners rights under 810.09(2)(a)

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 16, 2022

It's very unclear what your question is because you provide very little facts and a "third party property owner" is not possible. You either own property or you don't. You could have an interest in the property as a tenant, easement holder, life estate or some other interest.... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: The lots & trailers in an IN seasonal campground are all owned by individual owners. Is this a Class 3 Recreation or HOA

Is it a Community Association (which, in IN Community Associations are only for transient properties, or non-owners), or an HOA (for owners), or is it considered a Class 3 Recreation (which the Board is now saying) even though all owners pay (HOA) dues. Thank you.

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 12, 2022

There is not enough information to answer your question and it would really need to be reviewed by a lawyer who can check any recorded documents against the property. The definition of a HOA is the duty to pay assessments to an association who has the authority to lien and foreclose on the... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: There is HOA of rental pool for buyers to sign before sale but I able to get certificate of title via clerk of court.

Will I be mandated to sign the rental pool agreement ? What if I rejected to sign the rental pool agreement and I want to live in the property since I already have ownership by paying the assessment fee as per their association rules. I would like to know my options.

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 12, 2022

there are not enough facts in your post to answer your question and you need a lawyer to review the association documents to provide you with a proper answer. If you are going to buy or sell real estate you need a lawyer to review these before you make a decision you might be stuck with. The fact... Read more »

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