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I recently transferred ownership of property from my mother to me via a warranty deed, which has been recorded. Is there a legal procedure to nullify this warranty deed transfer and deed the property back to my mother with her agreement?
answered on Jun 16, 2025
You just need to execute and record a new deed with the names in reverse -- from you to your mother.
I live in a community with an HOA that issued a special assessment of $15,000 about 2 1/2 years ago. I have been unable to pay the full amount and currently still owe half of that. Recently, I received a notice stating my account was turned over to an attorney, but I haven't been contacted by... View More 
answered on Jun 8, 2025
The HOA is not blocking your payments, just your access to make payments online. You always have the option of mailing a payment or dropping off a check or money order in person. Online access is typically turned off once an account is turned over to the attorney because you likely increase the... View More
My dad owns a condo in a 55+ community in Florida where the HOA fees have increased from around $400 to $900. Due to financial hardship, he has missed four payments. The building manager recently called me, but no formal notices have been sent yet. What steps should be taken to address this... View More
answered on Jun 9, 2025
The first notice required is a Notice of Late Assessments, which provides the owner with 30 days to pay in full or the association will turn the account over to a lawyer for collections. That is the last opportunity to pay before legal fees and costs are added to the amount due. The next notice... View More
I discovered around two years ago that our HOA was inactive, having last met 14 years ago. This has resulted in the city refusing to carry out necessary street repairs, including fixing a potential sinkhole, due to the HOA's default status. As a long-time resident since 1995, I am not a board... View More
answered on May 21, 2025
Dissolving an association doesn't terminate the restrictive covenants or solve problems with the city or county. The restrictive covenants have a provision on how to terminate them and it requires at least a majority of the lot (or lot owners potentially) and probably their mortgage companies... View More
I am a member of the Florida Cascades of Groveland HOA community, governed by 2005 FL720 with Kaufman Language. Our HOA offers a fitness program that is operating at a financial loss. I believe this program operates as a commercial enterprise and should not be funded by my monthly assessments.... View More
answered on May 17, 2025
A lawyer couldn't possibly answer that question without reading your Declaration of Covenants, Conditions, and Restrictions, the Articles of Incorporation and the Bylaws as well as any amendments to these documents. It all depends on the authority the association has, the definitions and any... View More
I purchased a timeshare from Hilton Vacations, paying over $60,000 upfront. After my husband passed away in 2017, I struggled to pay the annual maintenance fees, and Hilton Vacations seized the property due to non-payment. The agreement was prepaid in full, and Hilton did not seem interested in... View More
answered on May 15, 2025
Timeshares are just like any other community association in the State of Florida. They all have maintenance fees (also known as dues or assessments). These must be paid in order to keep the property. The timeshares and all other types of associations foreclose on these properties just like a... View More
My house was foreclosed, and we were given ten minutes to leave the premises. Animal control took our valuable horses, claiming it was necessary because we couldn't move them ourselves, despite us having the means to do so with some additional time for arrangements. The sheriff threatened me... View More
answered on May 12, 2025
I'm sorry you had that experience and I understand how difficult it is to relocate horses on short notice.
Technically, the horses were not stolen and were likely considered abandoned just like any other personal property left on the premises. The sheriff has to post a 24-hour notice... View More
I am a property manager in Florida and recently faced a situation regarding a security deposit. I received a security deposit in March from a prospective tenant to secure an apartment that I was preparing. After turning over the apartment, it was ready by April 16th. The prospective tenant delayed... View More
answered on May 6, 2025
You have to have the landlord consult with a lawyer to figure it out. You cannot provide legal advice to the landlord and you should not be making legal decisions for the landlord.
Does a board meeting qualify as "the next regular or special meeting of the association" for purposes of Florida Statute 720.309(2)(a)? Our HOA holds member meetings only annually, but the board executed a long-term contract for bulk internet services with Comcast on April 16, to be... View More
answered on Apr 25, 2025
The statute provides any member at the next regular meeting or a special meeting may make a motion, it requires someone to second it and a majority of the membership present at the meeting would need to vote to cancel the contract. Not a majority of the membership, just those present at the... View More
I've been attempting to obtain copies of the financial records from my HOA property manager in Florida. I made a verbal request a week ago, but she refused, claiming that since she created the document, it belongs to her. This has been an ongoing issue for the past two years, as the property... View More
answered on Apr 25, 2025
You send a certified letter, return receipt to the registered agent of the HOA (look for that by searching on the legal name of the HOA in www.sunbiz.org) and state you are requesting to inspect the official records of the association pursuant to Fla. Stat. 720.303(5),state they have ten business... View More
I am concerned about a petition that was submitted to remove the president and vice president from our HOA board. We have reasons to believe the signatures were gathered in bad faith, as allegations were made that board members were making false promises, including one year of free HOA payments, to... View More
answered on Apr 24, 2025
Homeowners have a statutory right to recall board members and do not have to provide a reason. If people vote to remove these members without verifying the facts than that is their choice. If they used the proper forms and obtain 51% of the votes of the lots with signatures from actual owners... View More
I am currently living in Germany, working as a Department of Defense IT contractor. Originally from Missouri, I use my property in Satsuma, FL, as my current home of record while intending to move there full-time once my contract completes. However, I face challenges in establishing Florida... View More
answered on Apr 22, 2025
You have to spend at least 183 days a year in Florida as well as getting the drivers' license, voter registration, a declaration of domicile, and proof of residency such as establishing bank accounts and utilities. I would not attempt to work around this given your security clearance. You do... View More
I have been converting a house into three apartments under a verbal agreement for about a year. My rent was paid through the work I was doing on the property. The owner suddenly informed me that they sold the property and I need to leave, but I have received no formal notice. What are my legal... View More
answered on Apr 21, 2025
You would be considered a month to month tenant and subject to eviction if you do not leave once you are given proper notice. While an eviction might take a few weeks, you could be considered a holdover tenant and subjected to double rent. The judge would impose market value rent.
I am considering filing for bankruptcy following the death of my husband. I have not yet started the process, and I am one payment behind on my mortgage for a mobile home on leased land. I cannot afford my home or car and have credit card debts as well. I am unsure which type of bankruptcy to file.... View More
answered on Apr 16, 2025
I'm sorry for your loss.
There is an automatic stay that is issued when you file. This stops all collections and holds off the eviction process. You should consult with a bankruptcy lawyer to review your situation and advise you of the best way to proceed. May bankruptcy attorneys... View More
I would like to know if I can sue a bank and a car dealership for fraud. My wife and I purchased a used car at a dealership in Miami, FL on February 15, 2025, and encountered several issues: my last name was spelled incorrectly on the documents; the down payment was recorded as $4,200, despite us... View More
answered on Apr 3, 2025
You should take your documents to a lawyer right away. We do not have any way of reviewing your purchase agreement and contracts in this forum.
Most used car sales are "as is" and it's up to the buyer to have the car inspected prior to purchase irrespective of what the... View More
I am facing eviction from my mobile home park for not painting a small dirt spot, lacking a handrail for four steps, and having a car parked near the house. There was no lease agreement when I purchased the mobile home. The park manager is unresponsive, and there are allegations among residents... View More
answered on Mar 26, 2025
I'm sorry to tell you this but you are a month-to-month tenant if you have no lease. You need to consult with a landlord/tenant lawyer right away to review the eviction notices are valid. This is not a problem you can resolve with internet advice and time is of the essence. If you were... View More
I live in a community with a 617 Association that bans political signs except during elections. A resident is displaying a Trump flag, arguing that the prohibition on "signs" does not apply to flags as there are no definitions provided in the association's documents. The association... View More
answered on Mar 24, 2025
That's a question for the association's attorney. I have always taken the position that if it has words on it the classification would be it's a sign, similar to a banner. Also, the only flags that are protected under Chapter 720, if you are a mandatory homeowners'... View More
I live in a residential property with an HOA in Florida. Currently, I display a service flag off my porch and have a 20-foot freestanding flagpole in my front yard with a 4' x 6' American flag and a 2' x 3' POW-MIA flag. The HOA property manager is telling me that I cannot have... View More
answered on Mar 18, 2025
Florida Statute Section 720.304(2)(a) allows you to fly up to two (2) flags that are no larger than 4.5' x 6'. They can be a US flag, Florida flag, POW-MIA flag, first responder flag, or any US military flag. The 20' flagpole is the maximum height allowed. This has been a Florida... View More
I'm experiencing issues with my HOA as they are ignoring my requests to update owner records and tenant dispute resolutions. I've tried communicating with them to update these legal documents, but they haven't responded. I've documented my communications, but the disputes with... View More
answered on Mar 13, 2025
It depends on what owner records you are trying to update and if you are the owner on the deed. More information is needed to provide you advice. Generally, in the community association industry, family members attempt to update information for elderly parents or other relatives and the HOA and... View More
I purchased a property in Florida from my brother who had medical issues and can no longer stay there. Upon visiting the property, I discovered squatters living there. They claim there's nothing I can do to remove them. There is no formal lease agreement, and I have the deed to the property.... View More
answered on Mar 9, 2025
You can call the sheriff.
Florida Statute 82.036:
(2) A property owner or his or her authorized agent may request from the sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling pursuant to... View More
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