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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 
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... View More
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.
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
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
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
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.
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
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
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
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
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
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
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
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
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
answered on Oct 11, 2024
If you are going to litigate yourself, which is ill-advised, you need to familiarize yourself with the Florida Rules of Civil Procedure. Other than telling you judges can only hear cases based on a motion and a properly coordinated hearing with notice, we cannot give you specifics on how to... View More
answered on Sep 13, 2024
Yes, a real estate transactional lawyer. This is a general question and answer forum and not meant to establish an attorney-client relationship.
Don't sign anything without having a lawyer look at it. No one should buy or sell real estate without a lawyer. The number of things... View More
No will, no probate filed. I was the deceased domestic partner. Two heirs apparent who signed affidavits that they don't want the property
No appraisal since 8 years ago.
I have been caretaking the property for the last 3 years.
How do I request a hearing with the Judge to show that Plaintiff (my mom), who was granted final judgment. Plaintiff utillized coercion to keep me quiet. She sent text messages to my sister saying if I dont sign over the deed she will make it her job, day in and day out to have my son taken from... View More
answered on May 2, 2024
This is not a do-it-yourself project. Your description of how this is being handled calls into question your ability to protect your home from being foreclosed. Consult with a local foreclosure defense attorney as soon as possible.
I am writing to seek your expert legal opinion and guidance regarding a complex situation I am currently facing. Here is a summary of the circumstances:
- Two years ago, I purchased a home and followed all the necessary procedures, including hiring a title company.
- It has come to... View More
answered on Apr 30, 2024
Good example of why everyone should have a lawyer representing them in any transaction for real estate.
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