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Questions Answered by Natalia Ouellette
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Can a HOA Board vote to suspend/waive any mandatory assessments as a gesture for COVID-19 relief to its members?

We are a mandatory HOA with properly recorded CC&R, Articles of Incorportation, and Bylaws. There is nothing listed in the Powers of the Board section that allows the Board, at its discretion, to waive the collection of any mandatory assessments. I was just appointed as treasurer and the... Read more »

Natalia Ouellette
Natalia Ouellette answered on Jun 18, 2020

If the operating restrictions, bylaws, and articles do not grant the Board such discretion and the HOA members and Board have not established such authority by vote and adoption of said provisions then yes, it is likely that a fiduciary duty to the association is being breached by the members of... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I have recently signed a new lease agreement here in Florida (May13). I pay my deposit and my prorated 1st months rent.

I start moving in and realize the air conditioning doesnt work. I immediately call the property management company to inform them. This doesnt get fixed for 18 days. I didnt have anywhere to stay since I gave the money I had to the property management for rent and a deposit. I ended up staying at a... Read more »

Natalia Ouellette
Natalia Ouellette answered on Jun 18, 2020

Florida statute requires you send notices of items that need to be repaired in writing to your landlord. Once they have received written notice, they have 7 days to cure the deficiencies in the property.

83.51 Landlord’s obligation to maintain premises.—

(1) The landlord at...
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1 Answer | Asked in Real Estate Law for Florida on
Q: I have a tenant that ask to break a lease we agreed since out of neglect they burnt up our a/c unit

Also they were late on their rent last year 7 times

Natalia Ouellette
Natalia Ouellette answered on Jun 18, 2020

Not sure what you are asking here. If you both have come to a mutual agreement to an early termination of the lease, get it in writing, be clear on the terms, including moneys owed and time period for vacating the premises.

1 Answer | Asked in Real Estate Law for Florida on
Q: can a sellers agent back out of purchase agreement without filing proper documentation? Now accepting new offers

We signed a purchase and sales agreement in April. It was contingent on us selling our current home. The seller on the property we are under contract to buy gave us a time frame. We had our house under contract then the buyer backed out. Last we were told by the seller is that we would have 2... Read more »

Natalia Ouellette
Natalia Ouellette answered on Jun 18, 2020

It is notice of cancellation of the contract in writing. Nothing in standard Far/Bar contracts require specific forms be used. If you all could not close by the date on the contract stated for closing, then yes, they had the right to terminate the contract and an email is a writing.

4 Answers | Asked in Contracts, Real Estate Law and Business Law for Florida on
Q: Is it legal to enforce a year office lease repetitively over 12 years?

Never been late a payment, assumed the agreement was month to month, never notified otherwise or paid any additional and never was given a new lease to sign. They said it is in the contract that it auto renews each year (12 years ago, who knows?). Is that legal for them to keep me in a contract... Read more »

Natalia Ouellette
Natalia Ouellette answered on Jun 18, 2020

It depends on the exact terms under the original written contract. You should speak with an attorney who can review the express terms of the lease with you, including lease renewals. Generally though, if there is renewal language, you have not vacated, and you continue to make lease payments, you... Read more »

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