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 »
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 »
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).
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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.
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 »
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 »
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