Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Barbara Billiot Stage
1 Answer | Asked in Real Estate Law for Florida on
Q: Can the HOA not accept my partial payment when there is no legal notice, and no notice from HOA ?

Ok - so, I owed $450 HOA dues per month from January 2021 - April 31 2001, plus special assessment of $500 month during that same time period I tried to pay $2100 multiple times in late April (no notice given by HOA of delinquency due to they stopped sending statements as of Jan 31, 2021)….I... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on May 13, 2021

A HOA does not have to send you statements. You know you have a duty to pay them and the law requires you to pay them whether you get a statement or not. It may be the HOA no longer accepts Zelle (which is a bad idea for an association to do) or has changed management companies. If they are still... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My mom QCD to me her property without me being aware. She has a lawsuit with the HOA. Can they put a lien in my own-home

I don’t live with her; I have my own house with my husband. Her HOA summon me at my house. Am I responsible for her property taxes? She quit claim deed to me and my sister but she still on the deed.

Barbara Billiot Stage
Barbara Billiot Stage answered on May 13, 2021

That will not stop the HOAs foreclosure and affects your credit because you now have a foreclosure against you in the public records. They cannot lien your home but you are jointly responsible for any unpaid assessments from a previous owner (your mom).

1 Answer | Asked in Real Estate Law for Florida on
Q: What happens when I can't pay lot rent in a park for a home I own?

I have vacated and I am trying to sell but the park rejects my applicants. I've already paid one month rent on a home I don't occupy. This cannot continue, because math. How can I stop or reduce paying rent without being evicted? Is eviction inevitable and what will happen to my property?... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 20, 2021

This is a common problem with mobile home park lot tenancies and unfortunately there are no fast fixes. Florida Statute 723.059 (1) states "The purchaser of a mobile home within a mobile home park may become a tenant of the park if such purchaser would otherwise qualify with the requirements... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I claim boundary by acquiescence for a common area that HOA owns?

I have had a line of trees at the back of my property for over 10 years now and my HOA surveyed the common area behind my house. They found out that my trees, which are now grown to be a full 7ft hedge, are off-line and encroaches into the common area. Nothing in the governing documents covers... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 19, 2021

Probably not. This would likely be ruled as a continuing trespass if it went to court and you could be ordered to remove the trees. You are referring to adverse possession, which would require you to pay the taxes on the land as well. You need to decide if you want to spend tens of thousands of... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: How does a HOA corporation without dues, assessment or lien authority force property owners to pay for road maintenance?

1981 deed restricted subdivision. Private roads dedicated to the property owners. Original 1981 HOA documents never executed, had 20 year sunset clause and contained no language for dues, assessment or lien authority. 2004 HOA created based on sunset 1981 HOA Docs. Original Developer transferred... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 12, 2021

You only need 50% + 1 to revitalize. The process is very technical though and thus expensive. The alternative is the risk of liability.

1 Answer | Asked in Wrongful Death and Real Estate Law for Florida on
Q: HOA - No liability insurance / money / road maintenance. Negligence accident on road - property owners liable?

October 1981 Subdivision recorded. Private Roads. Plat dedicates use of roads to Property Owners. No language on plat transferring Developer road interests to anyone. No HOA mentioned on record plat. Separate "Declaration of Restrictions" filed by Developer in Public Records several days... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 12, 2021

Generally, if the roads are private roads dedicated to the owners, the owners would be equally and severally liable, meaning any judgment would be paid by the one or ones who are able to pay. A judgment would be against every owner and if not paid, a lien against each property. Your neighbors... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: My lease was not renewed, but I have a medical issue.

I received a notice of non-renewal of my lease on a private home. The lease ends in 2 months.

The next day I was diagnosed with a foot injury and told by my doctor to stay off it for 2 months.

It is going to be real difficult to move when I have this injury, do I have legal... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 13, 2021

You might try to negotiate an extension with the landlord, but they are not required to give you another two months and the landlord can definitely charge you a higher rent.

View More Answers

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: 2nd mortgage in FL which has not been paid since 2009. Have not heard from mortgage company since 2009. Would like to

settle. Can they charge interest since then? Willing to pay amount owed in 2009. Does SOL apply if never received bill since 2009? Company on lien went under in 2009. Never notified of new lien owner.

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 13, 2021

I agree with my colleague and would only add the statute of limitations is five years from the date of maturity. If your loan was due to mature any time before April 13, 2016 the statute of limitations would be a defense, but for any date after that the lender who owns the note now could foreclose.

View More Answers

1 Answer | Asked in Tax Law and Real Estate Law for Florida on
Q: If property sold , and State was not noticed will buyer be liable for tax, tax was payed up when bought. Wanted private

I did not register wanted it as private property.can man own private property? Thanks

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 5, 2021

I'm not sure if I completely understand your question. Whether or not you record a deed or notify the property appraiser's office of your ownership does not make property "private" as in no one can trespass. If you mean you do not want anyone to know you own the property you... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Can an attorney in florida put a lien on my property in denver for attorney fees for a case in florida without notice?
Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 2, 2021

It depends on the type of lien and the laws in Colorado. If it was a judgment lien, then it can attach to all of your assets.

1 Answer | Asked in Foreclosure for Florida on
Q: I won an auction HOA lien,but want to walk away as it has a mortgage. Can I walk away and take my loses without any reco

My wife and I purchased a property via Miami Dade County's website (1) for foreclosed properties. On March 8, 2021, we were the successful bidders on 2591 SE 13th Court Homestead, FL 33035, for an amount of $65,600 + court docs fees for a total of $67,230. This was going to be the home we... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 27, 2021

Not all of your facts posted, but it appears you have an issue with more than one HOA having a lien on the property as well as a mortgage. You need to hire an attorney as soon as possible. Once the title issues you are 'jointly and severally' liable for any past due assessments of any... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: Can my husband be removed from a mortgage and us be put out with a newborn and 2 toddlers?

My husband and grandmother are both on a mortgage. My husband as the main borrower. There was a disagreement and my husband stated he wanted her out of the house. The verbal agreement that was met is we would just buy her out. This morning she was caught on the phone trying to have his name removed... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 26, 2021

Who is on the deed is the question. No one can simply put anyone out. There has to be a court action to remove someone from their residence, even if they are not on the deed. You cannot have her removed and she cannot have you removed. Even if she were to file a court action it would likely not... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: In an auction, I paid off HOA fees and received a Certificate of Title. Afterwards, I learned that there is a mortgage

There is a mortgage on the property, but the mortgage company hasn't foreclosed on the property. Am I allowed to rent out the property?

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 24, 2021

Unless your HOA has rental restrictions, you can rent the property as long as you have title to it. The mortgage company may or may not serve you with a foreclosure complaint depending on how well they research the title before filing to foreclose. If your tenants are served they may not forward... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: What is the latest I can get out of a Real Estate contract as a buyer of a buildable house?

We are planning on building a Villa in a gated community with a well known builder. the builder requires us to pay the customary earnest money and 20% down, which is fine. However, I would like to know, what is the latest we can get out of the contract without punishment, since we are kind of... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 24, 2021

If you are planning on buying real estate in Florida you should hire an attorney. Spending a little on legal fees now can save you a lot of headaches later. These issues should be addressed in the purchase agreement and you will need an attorney to review the association documents BEFORE you sign... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I live in a 55+ park in Sebring florida. We have 80 units. A young man inherited his grandfather’s home

He has 3 young kids. Can they be forced to move?

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 18, 2021

That depends on the language in the association documents, which we cannot review in this online forum. The Housing for Older Persons Act allows an association to have up to 20% of the owners to be under 55, but again this depends on the language in the association documents if the association... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Florida-is it legal for board members to amend bylaws/cc&r's to benefit/exclude them selves?

ex: no campers, boats, trailers, storage or for transporting atv type vehicles, no owning atv(type vehicles-4 wheelers, mudders,dirtbikes ect) in park, except by vacant land( only person that owns vacant land is hoa board member, and president owns golf cart whom rides around, lets grand kids... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 3, 2021

Generally, no. Board members should not be amending documents themselves to start with. These documents are contracts and the Florida Supreme Court has indicated in an advisory back in the mid-90s that amendments to these documents require a Florida-licensed attorney and any non-lawyer might be... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: HOA vs Solar - Fla. Stat. § 163.04. "Solar Collector" definition

Are solar powered attic vents and solar light tubes (ie solatube) considered "solar collectors"?

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 25, 2021

There are not specifically designated in the statute but the solar tubes or skylights are addressed in a case called Sorrentino v River Run Condo. Ass’n 925 So. 2d 1060; 2006 Fla. App where the appellate court held skylights are a renewable energy source.

1 Answer | Asked in Real Estate Law for Florida on
Q: My grandmother lives in a house that was left to her and her siblings in their fathers will.

The will never went through probate and my grandmother has lived in the property openly and unchallenged by her two surviving siblings for over 10 years. She has paid the property taxes each year herself. Is the property legally hers? If so, how do we make it official and if not, what can we do to... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 22, 2021

Your grandmother needs to hire a real estate/probate attorney to resolve this issue. It is not something that can be resolved with general advice on the internet and the attorney would have to review the last deed and the will.

1 Answer | Asked in Real Estate Law for Florida on
Q: Are home owners allowed to view the bank statements of a Home Owners Association?
Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 18, 2021

Yes, these are official records and subject to disclosure.

3 Answers | Asked in Real Estate Law for Florida on
Q: My dad has three properties, his health is poor, do the properties go to those named in his will or those on the title?

My dad is in poor health, he is unresponsive. He noted in his will he will leave all estates to his children, split amongst them. Currently, aside from my dad listed on all three of his properties; my brother is listed on the title of one property, my grandmother is listed on one, and the same... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 18, 2021

It depends on how the deed reads. It may go to the other title holders if there is right of survivorship language in the deed or other similar language. If not, the other title holders would still have their proportional share and your father's share would be disbursed per the terms of his... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.