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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
I am representing myself pro se in a civil suit in which I was granted permission by the court to amend my complaint once, without prejudice. I filed the amended complaint with changes, including removing certain content and adding more evidence as per the opposing attorney's requests.... View More
answered on Mar 6, 2025
Generally, the courts will allow more than one amendment but you need the court's permission to amend. You cannot just file another amended complaint.
This website is for general questions and answers and we cannot advise you how to litigate because we do not know your case and cannot... View More
I am part of a Florida HOA that is currently undergoing the revitalization of our expired covenants. Given our previous experience with electronic signatures, the board prefers to use Docusign to obtain homeowner consent for revitalization. Can we legally use Docusign for 1,912 homeowners to sign... View More
answered on Mar 4, 2025
Revitalization is a very technical process and the HOA should have lawyer who is well versed in the Marketable Record Title Act to review and guide you through the process. It's not really a do-it-yourself project and I have seen associations make major mistakes that even though it did not... View More
I have a deeded carport at my condominium, and the condo board is forcing me to pay for insuring it as per a new rule under the condo act. I would like to know if this is permissible, and what my rights are regarding this new requirement.
answered on Feb 27, 2025
Unit owners have always been required to insure their units, which would include a carport if it's deeded to you. The State of Florida has not been great at enforcing that statute but there has been a renewed push for enforcement. This is for your protection as well as the protection of... View More
I am a co-owner of a house in Florida that is part of an HOA, which requires homeowner's insurance. The house was inherited and mid-renovation when the previous owner died, leading to policy cancellation. It's uninsurable due to its interior condition, failing a 4-point inspection.... View More
answered on Feb 24, 2025
That depends on the language in your association documents and if you are truly a HOA under Chapter 720 or a COA (condo association) under Chapter 718. Sometimes homes with lots are still organized as COAs and vice versa. Some HOA documents provide for unlimited fines. If you communicate with... View More
I have deed restrictions for my HOA in Florida signed in June 1984. The restrictions include a clause stating that any violation prior to January 1, 2030, can be enforced by an owner through an injunction. It also states that the invalidation of one restriction by court judgment does not affect the... View More
answered on Feb 23, 2025
It depends and the answer lies in your HOA documents, including the community plat, a title search for any amendments to the Declaration or a Notice of Preservation, plus a 30-year title search of your deed. Unless there is a reference to the Declaration by the Official Records Book/Page on the... View More
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
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