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.

The time to challenge the deed has long passed but to be sure you would have to consult a real estate attorney and have evidence your mother was incapacitated and not aware of the consequences of what she was doing, which is unlikely given this happened more than 50 years ago.

You do not... View More

Absolutely! Gated communities have private streets that are owned by the community. They do not need trespassing signs. The fact that there are gates are your notice you need to be an owner or invited into the community.

That's impossible for any lawyer to answer without actually reading the whole document themselves. There could be other language that affects the meaning of this provision, including the definition of "released" and "rented." If you are going to be a landlord you need to... View More

No. Only the person named on the title can remove themselves. Your mother needs to consult with a lawyer that practices elder law to see what her options are and if getting a guardian appointed is feasible.

No one should buy or sell real estate without a lawyer representing them. It's part of the cost of doing business and can prevent big losses. You can locate the name of the owner by searching the address on the property appraiser's website. Then you can find the case by searching the... View More

It likely would trigger a clause to call the loan to be paid in full. Your parents need to consult with a real estate lawyer to determine the best way to handle this. There are options that could help.

If you mail a check they have to accept it. They cannot legally refuse any form of legal tender. The problem you might face is proving they received the payment. They cannot require only online payment but if they provide for online payment they can charge a convenience fee.

There are several ways covenants can be preserved without the HOA filing the Notice of Preservation. It requires a title search of your lot, a review of the community plat and research of the public records to make a determination.

No, the surplus funds cannot be claimed by the holder of the first mortgage. Any other lienholders and the original may claim the funds. If there are competing claims the clerk of court files a court action for a judge to decide.

Absolutely not.

This forum is for general questions and answers. There is no way to tell from your post if someone could sue you or not a second time. At this point you need to consult with an attorney. Generally, someone cannot sue for the same thing twice as long as the case was decided on its merits.... View More

The easy answer is to see a lawyer. There is no guarantee the landlord would even allow the mobile home to stay on the lot if it's sold. Most mobile home parks have a waiting list and require the mobile home to be moved or at least get a background check and approval.

Quitclaim deeds tend to cause more problems then they solve. Consult with an estate planning attorney to see what your options are to resolve this. A self-executing will might be a solution, depending on your situation.

There's no way to tell in an online forum. You would need to take a copy of the title, the lease and any other documents you have evidencing an agreement or payments you made to a lawyer to review.

No one can answer this question without reading any documents that were signed between the parties and any documents that are in the public record. Whether or not that charge is legal depends on the reading and analysis of those documents. Not paying the charge would likely lead to an eviction.... View More

Your parents need to hire a real estate litigator immediately. There is nothing that can be said in an online forum that would solve their problem. Almost all condo associations in Florida require an application for approval. The realtor knew or should have known this.

I agree with my colleague that there is no legal definition of "gated community." Your association documents may have language that refers to the community as being gated or partially gated but you will need to review those or have a lawyer review them and explain them to you.

Is there a question? Generally, unless there is language stating the landlord is responsible for watering the grass, the tenant is responsible for this.