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Questions Answered by Barbara Billiot Stage
1 Answer | Asked in Contracts for Florida on
Q: Can a person be legally served papers if they are served to a housemate and their last name isn't obtained?

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?

Barbara Billiot Stage
Barbara Billiot Stage
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.

3 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for Florida on
Q: On disability given summons complaint Citibank 13,000 credit card need help or do myself written responses

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

Barbara Billiot Stage
Barbara Billiot Stage
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

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1 Answer | Asked in Employment Law, Real Estate Law and Landlord - Tenant for Florida on
Q: Can my condo board demand to have a key to allow an unlicensed (CAM LIC) maintenance employee to have access my condo ?

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 ?

Barbara Billiot Stage
Barbara Billiot Stage
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...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: My neighbor wants to tie into my fence ( she will have a post beside mine and use my fence for her side). State of FL.

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

Barbara Billiot Stage
Barbara Billiot Stage
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...
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1 Answer | Asked in Real Estate Law and Animal / Dog Law for Florida on
Q: We live in a 55+, gated community, which contains 2 separate communities. (2 different HOA's plus 1 common area HOA)

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?

Barbara Billiot Stage
Barbara Billiot Stage
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

1 Answer | Asked in Real Estate Law for Florida on
Q: Can an HOA require you to take down a fence that you previously got permission to install from prior HOA

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

Barbara Billiot Stage
Barbara Billiot Stage
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

2 Answers | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Florida on
Q: HOA Florida statute 720.3035 1. updated on July 1st, 2024 "limits or places requirements on the interior of a structu

Florida statute 720.3035 "1. limits or places requirements on the interior of a structure that is not visible from the parcel’s frontage or an adjacent parcel, an adjacent common area, or a community golf course." went into effect on July 1st, 2024. Does this mean HOAs can no longer... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 18, 2025

The statute that was in effect at the time your restrictive covenants were recorded is controlling. New statutes generally do not apply retroactively.

You should consult with a community association lawyer to review your HOA documents (all of them) and the law that existed at that time...
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4 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Does a person who has the Power of attorney over someone have the power to change that person will and deeds?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 31, 2024

It depends on the language in the Power of Attorney. You should consult with a lawyer who handles probate and real estate. If the person with the POA changes the will and deed to benefit themself at the exclusion of others it might be subject to challenge.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: The Company that owns the land my mobile home is on, is trying to evict me accordingly that I am an unapproved tenant

pursuant to Fl. Statute 723.06(1)(e), although I am a model tenant that is never late on my rent and have received Letters from my neighbors stating that I am a model tenant, I have lived here 8 years taking care of my mom, until she passed away, and my sister violated her power of attorney. Now... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 11, 2024

You have multiple issues going on and you should consult with a landlord/tenant lawyer if you are being sued for eviction or have received a notice to vacate. The statute you are citing actually supports the park evicting you if you failed to obtain approval as a tenant.

The duty to...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Hurricane caused fallen tree on ground of mobile home park, Winter Haven, FL. Property owners claim no liability

Say it’s homeowners that need to remove and pay for, that they don’t own property between houses but we pay them monthly lot rent. Won’t give property line drawing or anything in writing that says they don’t own communal property but homeowners do.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 17, 2024

I'm sorry to hear about your troubles. It isn't a matter of who owns the property. It depends on what your lease and park prospectus state regarding lot maintenance. It could be you are responsible since you are in possession of the land or the park could be responsible and not taking... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: can a seller of a condo fill out a warranty deed when selling to a cash buyer?

The Cash Buyer has inspected the property and wants to close asap. Can I complete a warranty deed and submit it to courts for recording once the cash buyer has either given me a cashier's check or confirmation of a bank wire to my account? Or do I have to use a closing agent. The property... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 31, 2024

You are asking for trouble trying to do this yourself. No one should buy or sell property without a lawyer. I'm not saying that to make money for lawyers. I hired one myself for real estate transactions. There are so many things that can go wrong with this it would take volumes of... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: I own in a Fl Hoa, and am been fined for two violations, without the violation committee involved.

If a violation or enforcement committee is in force why they go straight to fine without expected procedure. I would say it should be valid.

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 30, 2024

There's really not enough facts to comment on your post. The procedure is the homeowner receives a violation notice and, if not corrected, the matter goes before the board to vote to "levy" a fine. The fine is not "imposed" until the homeowner has been provided the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Do we as mobile home park owners have to show to rental residents proof of pass through expenses?

We own a mobile home park that just started adding as of May 1, pass through expenses and want to understand what we can and cannot add in pass through expenses

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 29, 2024

If you are going to operate a business, you need to have a lawyer on retainer for these types of questions, preferably one skilled in Chapter 723, Florida Statutes. It's part of doing business and is a business expense. You should also have the lawyer review your rental agreements and park... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is it legal in Florida for me to rent out a property for vacation rentals if I'm renting it annually or renting to own?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 16, 2024

That depends on the language in any documents you signed for the rental/lease to own, which we cannot review in this online forum. You would need to check these documents to see if there is a prohibition against subleasing and, if you are in a community association, you need to check with the... View More

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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Who do I request a Judges docket Clerk of the Court General Counsel of the Circuit Administrator of the Court

I have been requesting a 2 week time period for dockets of a specific judge for 7 months now and still don't have it and get the runaround.

I've requested from the following:

Clerk of the Court

General Counsel of the Circuit

Administrator of the Court

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 29, 2024

I'm not sure why you are requesting the judge's docket but if you are looking for hearing times you need to look at the judge's rules or procedures about how to set hearings. Some judges have their available hearing times online through JACS or a similar program and some judges... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: A buyer did not hold up his end of a bill of sale while buying a property. He had 1 week to come up with 5k its been 3.

When I got to my property to sell to buyer for 21k cash with a quit claim deed. Buyer had 3k cash and 13k check. Seller agreed to give him till end of week for 5k. Seller also agreed to get quit claim deed notarized so when money was transferred could send to county. All of this was in bill of... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 26, 2024

There are lots of problems with this transaction, including the fact that you are selling real estate without using a lawyer. No one can provide you any meaningful answer here in this online forum because we cannot review the "bill of sale" or other purchase agreement you may or may not... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: How can I get pro-bono legal aid with HOA dispute demanding mitigation or get sued in Clearwater, FL? Thank You.

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

Barbara Billiot Stage
Barbara Billiot Stage
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

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Florida on
Q: Where can I find in the Florida Statues a copy of my mobile home parks bylaws as recorded in Pasco county , Florida?
Barbara Billiot Stage
Barbara Billiot Stage
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

1 Answer | Asked in Real Estate Law for Florida on
Q: The president of my condo association ignores document requests. What can I do to get the documents I need?

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.

Barbara Billiot Stage
Barbara Billiot Stage
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

2 Answers | Asked in Real Estate Law and Construction Law for Florida on
Q: The well for my newly constructed home was drilled 6" onto my neighbor's lot. Builder will not correct the issue.

Placement of well according to septic engineering should be much closer to my home and out of the easement.

Barbara Billiot Stage
Barbara Billiot Stage
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

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