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... Read more »

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... Read more »

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... Read more »

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... Read more »

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,... Read more »

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 It is outdated and not compliant with the latest statute, which allows these flags to be flown year-round and also include Space Force, MIA and POW flags.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... Read more »

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... Read more »

The step-brother may have been paying the mortgage and might have a claim for those payments as well as any money he invested into maintenance and repairs if he was not paying rent. It seems a bit unusual to me that he was on the mortgage but not the deed. Usually someone signs a mortgage to... Read more »

A condo lawyer would have to read the Declaration of Condominium and Bylaws for your association to give a proper answer. Generally, anything from the bare sheetrock out is the condominium's responsibility and anything from the sheetrock in, including paint, floor coverings and other... Read more »

Probably. Most modern water heaters have a life of 10 years if you are lucky. The consequences of a water heater failing could be more than just a leak filling up a pan and could flood your unit, which would damage adjacent units. If the condo association adopted this under their Rules and... Read more »

The process is for the board to give notice of a meeting 14 days in advance of the meeting to vote on the special assessment. Once the assessment is approved the board needs to send out a notice to the owners of the special assessment. There is no specific law of when the assessment can be... Read more »

Filed and recorded are two different things in the legal world. Filed means it was sent to the clerk and recorded means the clerk recorded the document. There could be a situation where the document was sent to the clerk but not recorded (lost in the mail? lost by the clerk?). Not all attorneys... Read more »

Generally, no, but that answer could change depending on the misrepresentations. If any of the misrepresentations conflict with the language in the HOA documents, which are public record, the HOA would not be liable because owners are deemed to have read the HOA documents whether they actually... Read more »

You didn't post a question. A cease and desist letter isn't really worth the paper it's written on. It is only effective if it's a court order from a judge but it is a warning the association may pursue legal action against you.

The management company may be deflecting... Read more »

It can but you should see a real estate lawyer to make sure that type of deed is in your best interest. If not done correctly it can cause you more money and trouble than it's worth to save a few dollars. You should also check to make sure it would not accelerate your mortgage and the total... Read more »

There is no law that would require a landlord to renew your lease as long as the landlord is not engaging in discriminatory behavior. It would be very difficult to prove discrimination even if you were in a protected class (race, color, creed, religion, sex, etc.) because your husband was involved... Read more »

I would suggest you consult with a mortgage foreclosure defense attorney to make sure the foreclosure that resulted in your purchase was done correctly and without defects. If the second mortgage lender was included in the foreclosure action they would not have a claim against you or the property... Read more »

Do you mean Fla. Stat. 720.305? There is no 720.350. The statute of limitations on a claim against a homeowners association for breach of contract is five years. There is not enough information to determine if your civil rights have been violated because you can waive your civil rights by... Read more »

You can remove him as an officer (president) by a majority vote of the board but he will still be a director. All business is conducted by a majority vote of the board. No director has more power than any other. A president just has more duties but not more authority.

If the tree is diseased then, yes, hire an arborist. If the tree is not diseased but causing damage to your property (actual not potential) then you would need to decide if it is worth litigating. You would need to engage in pre-suit mediation first.