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I was handed papers for a housemate, but the server did not take my last name, is it still considered, in the state of florida, that those papers are served legally?

answered on Feb 10, 2025
Yes. The server can serve anyone who is age 15 or above residing in the same house unless personal service is required to the named person. Personal service is generally required for service of a final judgment or a subpoena to appear in court, but not for complaints that initiate litigation.
Hello I got served February 1st and am currently waiting for my first SSDI check I just got approved yesterday and need to know how to go about this and what my defense would be since I know more than likely I owe the money but I don't have the funds to pay them, thank you God bless, Richard

answered on Feb 5, 2025
The Middle District of Florida has a pro se clinic that helps people file bankruptcy pro se (by yourself). The clinic is open from 2pm - 4pm every Wednesday without an appointment needed. You can also schedule a consultation in person or by telephone using this link:... View More
The bylaws state owners must give a set of keys to board who then allows a maintenance employee to have access to my condo & they don't give me 24 hrs notice the or regularly scheduled maint like changing fire alarm / voice call batteries. Don't I have the right of exclusion ?

answered on Feb 3, 2025
Maintenance people are not required to have a CAM license. Florida Statutes grant associations the right to enter into a unit during reasonable hours. There is no exemption for the statute and if you refuse the association can change the locks and bill you for the charges.
The association... View More
We have an HOA and they are allowing it. My fence was installed 4 inches short to my property line. I can’t move my fence as her gas line is on my property and they are not moving or it will be a minute. I have requested but I am still waiting. I don’t want them using my fence without... View More

answered on Jan 31, 2025
Your neighbor is installing their own post, which is not the same as tying into your fence. Tying into your fence would be if the neighbor attached their panels to your post.
You cannot demand compensation from your neighbor for your fence after you installed it. You should have... View More
One community has declared that the other community is not allowed to walk their pets in their community. We all share a common road that provides ingress and egress to the entire development.
Is each community considered private or public land? If public, can such a restriction be enforced?

answered on Jan 31, 2025
An attorney would need to read the Declaration of Covenants, Conditions, Easements and Restrictions to determine if the HOA is overstepping its authority. HOAs generally have the ability to adopt reasonable rules and regulations as well as long as the rule has a legitimate business need. It may... View More
I have had a fence up for four years. The previous property manager gave me verbal permission to do so, even suggested it, helped me figure out where to put it. New HOA, property manager sent me a letter saying they know I got permission but it’s against The bylaws and will allow me to keep it... View More

answered on Jan 29, 2025
Most HOA documents require written permission and some assert even if granted permission they must comply with the HOA documents. You would need to consult with a lawyer, who you should have if you're selling real estate anyway, to read your HOA documents, including any amendments to them and... View More
Florida statute 720.3035 "1. limits or places requirements on the interior of a structure that is not visible from the parcel’s frontage or an adjacent parcel, an adjacent common area, or a community golf course." went into effect on July 1st, 2024. Does this mean HOAs can no longer... View More

answered on Jan 18, 2025
The statute that was in effect at the time your restrictive covenants were recorded is controlling. New statutes generally do not apply retroactively.
You should consult with a community association lawyer to review your HOA documents (all of them) and the law that existed at that time... View More

answered on Dec 31, 2024
It depends on the language in the Power of Attorney. You should consult with a lawyer who handles probate and real estate. If the person with the POA changes the will and deed to benefit themself at the exclusion of others it might be subject to challenge.
pursuant to Fl. Statute 723.06(1)(e), although I am a model tenant that is never late on my rent and have received Letters from my neighbors stating that I am a model tenant, I have lived here 8 years taking care of my mom, until she passed away, and my sister violated her power of attorney. Now... View More

answered on Nov 11, 2024
You have multiple issues going on and you should consult with a landlord/tenant lawyer if you are being sued for eviction or have received a notice to vacate. The statute you are citing actually supports the park evicting you if you failed to obtain approval as a tenant.
The duty to... View More
Say it’s homeowners that need to remove and pay for, that they don’t own property between houses but we pay them monthly lot rent. Won’t give property line drawing or anything in writing that says they don’t own communal property but homeowners do.

answered on Oct 17, 2024
I'm sorry to hear about your troubles. It isn't a matter of who owns the property. It depends on what your lease and park prospectus state regarding lot maintenance. It could be you are responsible since you are in possession of the land or the park could be responsible and not taking... View More
The Cash Buyer has inspected the property and wants to close asap. Can I complete a warranty deed and submit it to courts for recording once the cash buyer has either given me a cashier's check or confirmation of a bank wire to my account? Or do I have to use a closing agent. The property... View More

answered on May 31, 2024
You are asking for trouble trying to do this yourself. No one should buy or sell property without a lawyer. I'm not saying that to make money for lawyers. I hired one myself for real estate transactions. There are so many things that can go wrong with this it would take volumes of... View More
If a violation or enforcement committee is in force why they go straight to fine without expected procedure. I would say it should be valid.

answered on May 30, 2024
There's really not enough facts to comment on your post. The procedure is the homeowner receives a violation notice and, if not corrected, the matter goes before the board to vote to "levy" a fine. The fine is not "imposed" until the homeowner has been provided the... View More
We own a mobile home park that just started adding as of May 1, pass through expenses and want to understand what we can and cannot add in pass through expenses

answered on May 29, 2024
If you are going to operate a business, you need to have a lawyer on retainer for these types of questions, preferably one skilled in Chapter 723, Florida Statutes. It's part of doing business and is a business expense. You should also have the lawyer review your rental agreements and park... View More

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
I have been requesting a 2 week time period for dockets of a specific judge for 7 months now and still don't have it and get the runaround.
I've requested from the following:
Clerk of the Court
General Counsel of the Circuit
Administrator of the Court

answered on Mar 29, 2024
I'm not sure why you are requesting the judge's docket but if you are looking for hearing times you need to look at the judge's rules or procedures about how to set hearings. Some judges have their available hearing times online through JACS or a similar program and some judges... View More
When I got to my property to sell to buyer for 21k cash with a quit claim deed. Buyer had 3k cash and 13k check. Seller agreed to give him till end of week for 5k. Seller also agreed to get quit claim deed notarized so when money was transferred could send to county. All of this was in bill of... View More

answered on Mar 26, 2024
There are lots of problems with this transaction, including the fact that you are selling real estate without using a lawyer. No one can provide you any meaningful answer here in this online forum because we cannot review the "bill of sale" or other purchase agreement you may or may not... View More
Excerpt from letter HOA's attorney said - select 1 of 5 mediators listed and sign and return. "In the event that you fail to respond within 20 days from the date of this letter, or if you fail to agree to at least one of the mediators that we have suggested or to pay or pre-pay the... View More

answered on Mar 5, 2024
Experienced HOA lawyers do not do cases pro bono. Pro bono and contingency cases are for cases that involve bodily injury or big damages; otherwise lawyers are investing a huge amount of time and not getting paid, so it's not generally not a good business decision for them. You can try... View More

answered on Jan 24, 2024
It depends on how your mobile home park is organized. If you have a mandatory HOA (you own the lot and the home), then it would be in Fla. Stat. 720.303(1). If you rent the lot and have a voluntary HOA pursuant to Chapter 723 Florida Statutes, the park owner is not required to record the bylaws... View More
They don't send paperwork showing the yearly budget but recently requested an extra 100 for "insurance" to be added to the monthly fees and I've written to the president many times asking for documents of the roof because I need it for a discount on getting the condos insured.

answered on Dec 18, 2023
You need to send a certified letter, return receipt to the registered agent of the association (look for your association on www.sunbiz.com) requesting to inspect the official records. Requesting copies of documents is not a proper request and the association has no duty to send copies. The... View More
Placement of well according to septic engineering should be much closer to my home and out of the easement.

answered on Dec 14, 2023
Buying and selling property, especially new construction, without a real estate lawyer. I know that doesn't help you now and you will need to hire a real estate litigator or a construction law litigator to review your documents related to the sale and construction to get this resolved. The... View More
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