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
In a letter dated March 31, 2023, I was informed by the Head of Accounts Receivables that I owed $789.99 to the Association. The letter states, “must be paid within 30 days of the date of this letter. "
On April 29th, 2023 I sent the full $789.99 within the 30 days of the date of the... View More
answered on May 16, 2023
Technically you missed the 30 day deadline if the payment was not received by April 30th. Without knowing how much your dues are and what the frequency is for payments, it is impossible to give you a definitive answer if this amount being demanded is an overcharge. Legally, the management company... View More
My father and step mother agreed to loan us 7200 at the terms 200 a month for 36 months they are now refusing to send the remaining 1500. Does this make the promissory note void under their terms since they never sent the full sim of 7200?
answered on May 11, 2023
It's a breach of contract matter. It doesn't mean you don't have to pay the money back that was loaned but rather you don't have to pay back the full sum. I suggest you negotiate a new promissory note with your father and step mother for the amount received. Maybe their... View More
After a couple of hours in the dealership last year, I failed to properly double check the numbers and the dealer changed the prices we agreed to by more than $16,000 in the contract. I trusted that the numbers were correct and I signed the contract. This week I was looking at the paperwork and... View More
answered on May 10, 2023
Unfortunately, you signed the contract and it is presumed you read and understood the terms and provisions of the contract. You would only have a case if you could prove you signed the contract under duress or there was fraud involved. While it is a long shot, take the contract to an attorney to... View More
I moved into a condo in Bradenton from New York. My HOA instructions and unique pin for accessing the payment portal was sent to the wrong address for consecutive months. I had asked 3 times for my management to send the paperwork to my new address. For this reason I was unable to pay my dues at... View More
answered on Apr 27, 2023
These are particularly troublesome issues to deal with because Florida law does not favor owners in these situations and owners are not familiar with dealing with the ins and outs of living in a community association, especially if you are just moving to Florida.
The first thing you... View More
I am a new member of the Board of Directors for my HOA. In the certification course for new directors, we were told that architectural reviews must be conducted in public meetings just like Board meetings. However, members of our Board who have been members for years say that our association's... View More
answered on Apr 14, 2023
Architectural reviews are required to be discussed and approved at open meetings if the committee has final say. If the board is reviewing them they need to be reviewed at board meetings. While your documents could possibly provide for a different method, unless your documents are really old,... View More
Section 26. Flags. An Owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 41/2 feet by 6 feet, that... View More
answered on Apr 3, 2023
It depends on what you mean by "discriminatory?" It is outdated and not compliant with the latest statute, which allows these flags to be flown year-round and also include Space Force, MIA and POW flags. This is state law, Florida Statute 720.304(2)(a-b). If you mean is it... View More
My mother is looking to add me on the deed to her home using a quit claim deed. I am currently living in the home and making payments. However she filed bankruptcy a few years ago and the home was discharged, so she is no longer financially responsible for the home. I read somewhere that if she... View More
answered on Mar 28, 2023
It is highly likely the creditor could demand payment in full once the deed is recorded. See a real estate lawyer to discuss the possibilities and to prepare a proper deed if one is advisable. Quitclaim deeds cause more problems then they solve. You should consult a real estate lawyer who is also... View More
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