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Questions Answered by Barbara Billiot Stage
3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is the eviction memorandum extended un Fl
Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 10, 2020

The executive order signed by Governor DeSantis is subject to a lot of controversy and legal interpretation. The latest order puts a moratorium on evictions of those affected by COVID-19 with no definition of what qualifies as "affected." Landlords have started filing evictions and it... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: Is my father liable for HOA Payments

My father won a property at auction in pasco county florida. It was a foreclosure auction through court house in which he secured the title, but was told by the bank and lawyer that he had no rights to the property and could not sell it. The HOA is now billing him. Is he responsible for these... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 6, 2020

It depends on what type of foreclosure occurred. No one should bid on property in Florida without first hiring an attorney to research the property for liens and other encumbrances on the property. If it was a HOA foreclosure, the past due assessments are paid by the judgment, but your father, if... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Can a land loard evict me for a pop up tent the hoa is complaining about but my neighbor who is on the board has up.
Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 4, 2020

I'm not sure if you are stating the board member has one too, but this is a case of don't violate the HOA rules just because someone else is doing it. Your lease controls and if your lease is the same as the standard lease it says you must comply with all of the HOA restrictions, rules... Read more »

2 Answers | Asked in Real Estate Law and Civil Rights for Florida on
Q: can a condo association ban a person from own unit for not wearing a mask
Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 4, 2020

It's depends on what you mean by "banning." The Condominium Act gives broad sweeping powers to the Board of Directors of a condominium association (COA) during a state of emergency. Those powers include the discretion to do what is necessary to protect the life, safety and health... Read more »

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3 Answers | Asked in Contracts for Florida on
Q: Do I have to paint the ceiling, door and window frames, etc, if my contract states walls and or any touch up?

I own a restaurant in an HOA community and they own the building. In my contract it states in the repair and maintenance, “When considered necessary, the operator will assume the expense of any touch up or painting to the interior walls subject to approval by the HOA.”

I was asked to... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 28, 2020

While an attorney cannot give you a definitive answer based on an excerpt you include in a post without reading the entire agreement, it appears they are trying to correct an oversight on their part. You will need to make a decision because dispute this could be very expensive if it goes to... Read more »

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1 Answer | Asked in Real Estate Law, Agricultural Law and Land Use & Zoning for Florida on
Q: HOA not allowing Fruit Trees in Backyards

We have just brought a house in a HOA governed community in Tampa, Florida. We have a 2000 sqf backyard and have planted some Florida approved fruit trees like mango , banana as we wanted home grown food and for religious practices. We got a letter from HOA that we are not allowed to plant fruit... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 27, 2020

The ARB documents/guidelines are valid restrictions adopted by the HOA. Whether or not you can claim a reasonable accommodation for religious practices is a fact-based question that requires the review of a lot of factors, which go beyond the scope of this website and require a review of all of... Read more »

2 Answers | Asked in Products Liability, Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: Who is responsible for the damage to my bathroom ceiling after upstairs owner neglected to get clogged pipes fixed??

My upstairs neighbor neglected To fix his leak and over the course of six months has been flooding me with poop water. He ruined my Venetian paint with yellow stains. In March he said he will fix it and I have been waiting ever since and today he told me he is only responsible to paint with regular... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 27, 2020

If you have insurance you should file a claim with your insurance company let them do all the work. If you don't have insurance you will need to bring a legal action against the owner of the unit, not the tenant. Drainage pipes can be tricky because they sometimes service more than one unit... Read more »

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2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Must plaintiff send a demand letter before filing a Small Claims suit for unfounded contract changes by defendant?

The unfounded changes were made by defendant while plaintiff was in the middle of the contracted job, and made so that defendant could further enrich himself at plaintiff's expense. Thus, plaintiff left the job and sent a bill in lieu of future services that were to be performed by the... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 24, 2020

It definitely helps your case to send a demand letter with an itemized bill. If you are in the contracting business you should have a lawyer on retainer. Breach of contract cases can be tricky and the judge may have to weigh if it is fair for the defendant to pay the full price of the contract... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Does HOA have to fix water issues on property they own?

My HOA owns the easement between my house and several neighbors. We all experienced flooding and property damage. We aren't allowed to touch it because they own it, but they refuse to make any repairs to the easement to ensure proper drainage.

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 21, 2020

It depends on the nature of the easement and who owns the property versus who is the easement holder. An easement holder has rights to use the property for a particular purpose, but does not own the land. For instance, if they have a utility easement, they likely have no responsibility for... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: How do I obtain a Form 1.977 Fact Information Sheet to be issued to a defendant that has yet to pay on a default.
Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 21, 2020

You can download it from the Clerk of Court's website in most counties. Check https://browardclerk.org/. If you do not find it there, download the Florida Rules of Civil Procedure at https://www.floridabar.org/rules/ctproc/ and the form is towards the end of the document.

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