We are a condominium unit of 36 undivided units in Miami. We are currently 4 board members and one of the four holds the position of president. This president went crazy and does not talk to us. The administrator cam resigned on January 4 due to the discussions and today the president intends to... View More
answered on Jan 20, 2023
You can remove him as an officer (president) by a majority vote of the board but he will still be a director. All business is conducted by a majority vote of the board. No director has more power than any other. A president just has more duties but not more authority.
There is a huge tree that is about 5 feet away from my townhouse that I own. The tree is owned by the HOA. The tree is causing damage to my property but the HOA refuses to allow me to cut it down.
answered on Jan 16, 2023
If the tree is diseased then, yes, hire an arborist. If the tree is not diseased but causing damage to your property (actual not potential) then you would need to decide if it is worth litigating. You would need to engage in pre-suit mediation first.
The house is still there my mother owned because my cousin has it but my mother was on morphine and took sick to give it to my aunt and cousin but now my cousin who has my mother’s house will not even let me live in the house my mother owned even if it stays in her name. What can I do to gain... View More
answered on Jan 11, 2023
The time to challenge the deed has long passed but to be sure you would have to consult a real estate attorney and have evidence your mother was incapacitated and not aware of the consequences of what she was doing, which is unlikely given this happened more than 50 years ago.
You do not... View More
If I entered a gated community, in Florida that has no trespassing signs, but did not enter anyone’s private property only hanged out on the communities playground and did not leave when asked by a homeowner is that considered trespassing?
answered on Jan 4, 2023
Absolutely! Gated communities have private streets that are owned by the community. They do not need trespassing signs. The fact that there are gates are your notice you need to be an owner or invited into the community.
Florida: I have signed a renewal lease with my tenants for 6 months, ending in May2023. The condo is in HOA and they implemented rules, as follows: "No lease shall be for a period of less than six months. Units shall not be released more than once in any six-month period and rented once a... View More
answered on Jan 2, 2023
That's impossible for any lawyer to answer without actually reading the whole document themselves. There could be other language that affects the meaning of this provision, including the definition of "released" and "rented." If you are going to be a landlord you need to... View More
She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.
answered on Dec 5, 2022
No. Only the person named on the title can remove themselves. Your mother needs to consult with a lawyer that practices elder law to see what her options are and if getting a guardian appointed is feasible.
I have a client who wants to purchase a property that is in forclosure. I need more information regarding this property
answered on Nov 22, 2022
No one should buy or sell real estate without a lawyer representing them. It's part of the cost of doing business and can prevent big losses. You can locate the name of the owner by searching the address on the property appraiser's website. Then you can find the case by searching the... View More
My parents bought a second home which I currently live in, and pay the monthly mortgage on. The loan is entirely in their names and the home is, of course, collateral for the loan. I'm not currently in a position to remortgage the loan in my name. My parents want to complete a Quit Claim... View More
answered on Nov 14, 2022
It likely would trigger a clause to call the loan to be paid in full. Your parents need to consult with a real estate lawyer to determine the best way to handle this. There are options that could help.
They offer two payment methods online; pay by credit card or pay with bank account. Both options charge a convenience fee. They do not offer any other way to pay the dues. My understanding is that the convenience fee is only charged as a convenience alternative to a standard method of payment.
answered on Nov 3, 2022
If you mail a check they have to accept it. They cannot legally refuse any form of legal tender. The problem you might face is proving they received the payment. They cannot require only online payment but if they provide for online payment they can charge a convenience fee.
Original Covenants Filed Sept 13, 1982. Were not preserved. Current Board is not telling anyone of this. And are not even following what the expired covenants stated. Are we in fact no longer a Legal Association?
answered on Oct 24, 2022
There are several ways covenants can be preserved without the HOA filing the Notice of Preservation. It requires a title search of your lot, a review of the community plat and research of the public records to make a determination.
Won a county auction for a HOA foreclosure. Our bid is way over the foreclosure amount set by HOA. Want to know in this case, is the surplus funding (after paying off the HOA lien) will automatically assign to the first mortgage by the clerk of court? Or the surplus fund goes to the original owner?... View More
answered on Oct 21, 2022
No, the surplus funds cannot be claimed by the holder of the first mortgage. Any other lienholders and the original may claim the funds. If there are competing claims the clerk of court files a court action for a judge to decide.
answered on Apr 16, 2024
That depends on the language in any documents you signed for the rental/lease to own, which we cannot review in this online forum. You would need to check these documents to see if there is a prohibition against subleasing and, if you are in a community association, you need to check with the... View More
She sued, we went to mediation, then court. The judge ruled in our favor, now today the woman started sending emails saying very negative things about the employee who handled the lawsuit, and saying if we dont give her money she will sue again. Is there anything we can do? Can she sue again?
answered on Mar 26, 2024
This forum is for general questions and answers. There is no way to tell from your post if someone could sue you or not a second time. At this point you need to consult with an attorney. Generally, someone cannot sue for the same thing twice as long as the case was decided on its merits.... View More
Considering owner financing “chattel” a mobile home in a community park with lot rent (thus no land). Location Flagler County Florida.
How do I draw up a contract that keeps parties fairly protected? Likely buyer needs title to insure, get tag/taxes (like a car DMV) and community park.... View More
answered on Mar 26, 2024
The easy answer is to see a lawyer. There is no guarantee the landlord would even allow the mobile home to stay on the lot if it's sold. Most mobile home parks have a waiting list and require the mobile home to be moved or at least get a background check and approval.
File a quit claim deed to include jtwros to our current title will this trigger a reassessment on our taxes ? Or loss of our soh exemptions in Florida ?
answered on Mar 2, 2024
Quitclaim deeds tend to cause more problems then they solve. Consult with an estate planning attorney to see what your options are to resolve this. A self-executing will might be a solution, depending on your situation.
or." I took his name off the title. Then, he and I got a new title joined by, "and."
All transactions were perfectly legal.
He is threatening to sue me because he claims I did something illegal (what?; I do not know), and he is claiming that, since his mother bought... View More
answered on Feb 13, 2024
There's no way to tell in an online forum. You would need to take a copy of the title, the lease and any other documents you have evidencing an agreement or payments you made to a lawyer to review.
Let's say that Jim has moved back to his childhood home on lot 42 and the owner of the mobile home park now considers him an additional occupant. He charges lot 42 an additional $110 in rent. That amount nor the definition of an additional occupant is noted in the prospectus. The park owner... View More
answered on Feb 6, 2024
No one can answer this question without reading any documents that were signed between the parties and any documents that are in the public record. Whether or not that charge is legal depends on the reading and analysis of those documents. Not paying the charge would likely lead to an eviction.... View More
My folks 87 & 89 sold their house moved into a condo, rent until close. Now realtor is kicking them out & changed locks. They have 2 cats that’s the HOA does not allow but they were not aware when they made the deal and the HOA will not approve their rental application. They paid 1 month... View More
answered on Jan 22, 2024
Your parents need to hire a real estate litigator immediately. There is nothing that can be said in an online forum that would solve their problem. Almost all condo associations in Florida require an application for approval. The realtor knew or should have known this.
We have a front gate but a big section of our community does not have a barrier separating it from surrounding areas. We are trying to figure out whether or not it was false advertising and the builder is responsible for providing the additional barrier needed to gate in the full community or if... View More
answered on Jan 22, 2024
I agree with my colleague that there is no legal definition of "gated community." Your association documents may have language that refers to the community as being gated or partially gated but you will need to review those or have a lawyer review them and explain them to you.
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