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
Over a year ago, I formally submitted a request to my HOA's management company, complete with necessary documentation, seeking approval for a Radon mitigation fan installation. Despite engaging with the HOA management for over four months, my inquiries were met with vague responses. Even... View More
answered on Dec 13, 2023
Generally, anyone can sue anyone else but whether or not you have a case depends on a lot of factors, including a reading of your association documents, which we cannot do in this online forum. How you proceed depends on if you live in a HOA (generally, single-family home, townhomes, villas) or a... View More
Our HOA discovered a home being used as an airbnb. Our CCR's don't specify against them but do against businesses restricting commerce, industry, business, trade or profession. Since Florida requires an airbnb to be licensed and our CCR's restrict businesses can we prohibit them?... View More
answered on Dec 12, 2023
First, I caution that if you are a board member, you have a fiduciary duty to ask this of your association attorney rather than strangers on the Internet who have not read your documents. If your HOA doesn't have one, it needs one. Board members cannot amend association documents because... View More
Florida Statute 720.303(3) says, “A vote or abstention from voting on each matter voted upon for each director present at a board meeting must be recorded in the minutes.” Our HOA Board feels that a summary of votes is sufficient, but I know that “all” refers to the entire group as a whole,... View More
answered on Nov 28, 2023
If the vote is unanimous for or against it is sufficient, in my opinion, to say the vote was unanimous. If you are a board member, this is a question for your association attorney and not for questions posed to strangers in an internet forum, even if they are lawyers. Your fiduciary duty is to... View More
Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,
answered on Sep 23, 2023
The statute of limitations is five years; however, if you made payments in the 12 years they are applied to interest, late fees, attorneys' fees and costs first and then any remaining balance is applied to the oldest assessment. If you hadn't made any payments in those 12 years you would... View More
The developer of my condohotel building retained control over all amenities. We pay a percent to use them and a percent of desk employee salaries. He shut down the pool, gym, parking garage and fired employees saying we owe him a million as well as wants the percent increased. This has gone on over... View More
answered on Sep 21, 2023
You need to hire a community association lawyer to review your Declaration of Condominium, Articles of Incorporation and Bylaws.After a review of these documents a lawyer will be able to tell you if you have a case. You should also submit a certified letter, return receipt requesting to inspect... View More
I checked property before auction and it showed another foreclosure (actually 1-st one) was attempted but case was dismissed. After I purchased house I started receive note on estate of deceased owner. I called case’s attorney but he didn’t want talk to me since I am not in case, saying they... View More
answered on Sep 15, 2023
No, you can sue the auction. It is the bidder's responsibility to perform a diligent search to uncover all liens, so of which might not be so obvious. The notice from the clerk stating "no objections" had nothing to do with the lien. The clerk issues a certificate of sale and that... View More
I live in Palm Harbor FL at a ZRS Managed Property. From day one they were aggressively adamant that I had to use WOWAY Internet Provider since that's who they worked with. I found that a little odd since in my decades of living in Apartment Complexes from New York to New Orleans I had never... View More
answered on Sep 13, 2023
Welcome to Florida -- yes, it's different. Generally, the way I interpret this is the service providers cannot demand it is exclusive but that would not stop an owner from requiring a tenant to use an exclusive provider. Tenants have the option of entering into a lease with all kinds of... View More
I live in a 356-unit condo in Florida. In August 2022, the president of the board entered into a retainer agreement with a law firm to represent the Association in a couple of lawsuits. There was not a duly association’s meeting where this agreement was ever discussed, let alone, approved by a... View More
answered on Aug 29, 2023
Often, when there is potential or pending litigation, the board of directors will meet with the attorney in a closed legal meeting subject to attorney/client privilege and the retainer agreement results from that consultation. It is also possible the other board members authorized the president to... View More
The management company of my condominium accuses me (my unit) of causing damage to the unit below and flooding the entire exterior hallway due to a leak that allegedly originated in my bathroom.
My unit wasn't flooded or in any way damaged. They inferred that my tenant ought to have... View More
answered on Aug 29, 2023
If the leak was caused by a pipe serving just your unit, even if it did not damage your unit, you are liable. If the leak is caused by your A/C, water heater, dishwasher, drains, toilets, etc., you are liable for the damage. This is why it is important to have insurance -- that and in case of a... View More
My HOA is fining me for taping a ‘No Trespassing’ sign to the exterior wall next to my garage door. The sign was obtained from the Sheriff’s office in conjunction with a private property trespass enforcement authorization that was filed in response to continued harassment that I have endured... View More
answered on Jul 28, 2023
Most HOA documents have restrictions against signs except for "for sale" or "for rent" signs. Check your Declaration of Covenants, Conditions and Restrictions to see if they have such a provision. You probably are required to submit an application before making any changes to... View More
He didn’t injure him or anything
answered on Jul 25, 2023
If the dog is deemed a nuisance, the HOA can demand removal of the dog. You might want to see if you can negotiate with the HOA for the dog to stay if the dog undergoes additional training. Even a muzzled dog can hurt someone based on the size of the dog and the person if the person gets knocked... View More
34.17.1 You agree and acknowledge that this Property has been designated as a smoke-free living environment. You, Your Occupants, guests or invites shall not smoke or permit others to smoke anywhere in or on the Property. You shall inform Your Occupants, guests and invitees of the no... View More
answered on Jul 24, 2023
It would be my guess the police cannot arrest anyone unless they witness them smoking the pot themselves and have access to the outside area to make the arrest. Police do not usually use recordings from third parties as the sole basis of an arrest.
The apartment complex is likely not doing... View More
Details of expenses, income, taxes, fees, repairs, utilities, etc.
answered on Jul 17, 2023
All of those are official records, so, yes, they must allow you to inspect those records if they were included in your request. Generally, an association does not have to generate any reports they do not use in the normal course of business but they do have to keep the receipts and invoices for... View More
A week ago, my mortgage company sent my case to an attorney to start foreclosure proceedings.
There is no sale date as of yet.
I'm trying to sell my house before anything happens.
My questions are:
- About how long will it take for the attorney to set a sale... View More
answered on Jul 7, 2023
I absolutely agree you should hire an experienced foreclosure defense attorney who can also facilitate the sale and you have been provided an excellent answer by Mr. Clifton. No one should buy, sell or rent real estate without a lawyer and it can be especially challenging with a foreclosure... View More
answered on Jul 4, 2023
Yes, they can but whether or not it is applicable to a current owner has yet been addressed in a published opinion by appellate courts. In my opinion, they cannot be applied retroactively but it would take a judicial decision to convince some association attorneys. Condominium statutes prohibit... View More
Tenant paid $118 rather than $850 via Zelle. The payment was automatically posted upon receipt with an email afterwards with notification of the deposit. The Tenant followed up with a statement that they felt their rent was too high and not justified and was only willing to pay $667/month and the... View More
answered on Jun 9, 2023
Tenants don't get to set the rate for rent and hopefully you have a written lease agreement. There are specific technical requirements for providing a tenant with a notice to vacate and the length of time to provide the notice depends on the lease terms. I encourage you to consult with a... View More
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