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Questions Answered by Barbara Billiot Stage
1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: I have an Air bnb in FL. Currently there are no restrictions on rentals. Can hoa amend Ccr’s and prohibit air bnb’s?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 4, 2023

Yes, they can but whether or not it is applicable to a current owner has yet been addressed in a published opinion by appellate courts. In my opinion, they cannot be applied retroactively but it would take a judicial decision to convince some association attorneys. Condominium statutes prohibit... View More

2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: I am considering selling my free-standing garage that I do not use to a neighbor in my condo group.

Should I hire a real estate attorney or a realtor to handle the sale? Also, would the proceeds be considered taxable income by the IRS?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 30, 2023

Yes, any time you buy or sell an interest in property you should have an attorney involved. A little money now could avoid a lot of money later.

The proceeds likely would be taxable but I am not a tax attorney and there needs to be more facts for a tax attorney to answer that question.

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2 Answers | Asked in Real Estate Law, Tax Law and Probate for Florida on
Q: Why does my home all of a sudden have to go through probate ? I've been paying Taxes, how can the house not be mine.

My step dad who was married to my mother sold me his house for $100. almost 10 years ago not long before he died. We had the sale Notarized and went to the court house and moved the Deed into my name. Here we are all this time later with me believing I own the home paying Taxes every year as the... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 28, 2023

Quitclaim deeds cause more problems than they solve and this is one of the reasons why anyone buying or selling real estate should have an attorney representing them in the transaction. You will now need to hire a real estate lawyer, one with probate experience, to review the deed and advise you... View More

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2 Answers | Asked in Real Estate Law and Construction Law for Florida on
Q: I paid cash July 2021 a real estate construction in Oaklawaha near Ocala, FL, till today it's not nearly done. Need help

What can I do, with this cash purchase of this new construction, which dragged two years long and is still not nearly done? There're two liens on it, too, that are unpaid. Realtor said she is finding a new builder to finish the house, but new builder wouldn't give a finishing date. 90%... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 16, 2023

I'm sorry to hear about your troubles. This is just one example of why everyone should have a real estate lawyer to represent them in any purchase. You will need to hire a real estate litigator to investigate the facts and advise you what can be done.

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1 Answer | Asked in Real Estate Law for Florida on
Q: how many days to record and serve a summons on a party in florida after a property tax appeal case is filed in circuit c

circuit court

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 13, 2023

Service must be completed within 120 days from the date you file the complaint. If service cannot be completed you have to have a legitimate legal reason why (defendant's address unknown) and request an extension of time to complete service before the 120 days expire.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is a partial rent payment made via Zelle to the landlord and is automatically posted, is that knowledge of noncompliance

Tenant paid $118 rather than $850 via Zelle. The payment was automatically posted upon receipt with an email afterwards with notification of the deposit. The Tenant followed up with a statement that they felt their rent was too high and not justified and was only willing to pay $667/month and the... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 9, 2023

Tenants don't get to set the rate for rent and hopefully you have a written lease agreement. There are specific technical requirements for providing a tenant with a notice to vacate and the length of time to provide the notice depends on the lease terms. I encourage you to consult with a... View More

1 Answer | Asked in Criminal Law and Real Estate Law for Florida on
Q: What happens to the vacant house?

Neighbor's house got raided for drugs. It's vacant now. Neighbor's said another relative that's in jail also file bankruptcie. What will happen?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 8, 2023

It depends on who owns the house, not who lives in it. As long as any mortgage is current or the owner is trying to re-establish the mortgage, nothing happens. There's really not enough facts to answer your question.

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Can we submit an ethic complaint to the bar for this matter?

Long story short, my uncle purchased a foreclosure property from a county auction. It turned out the property she purchased, there was a senior lien. Therefore, she ended up losing the house. Now the lawyer for the defendant (the LLC who got foreclosed), is claiming a surplus of funds. This LLC has... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 3, 2023

Based on the facts, as you stated, no. This is not an ethics complaint or a bad faith action. No one should buy, sell or bid on real property without a lawyer. A simple title search would have revealed the priority lien. The lienholders have priority claims to the surplus funds over the owners.... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: A bldg drainage pipe btwn my 27th flr apt & the 28th flr leaked, undiscovered. Mold ceiling, sidewalls. Who pays?

1.Do hoa docs decide who pays,or does law Trump docs?

2. Pay just for drywall or complete mold removal wherever it's spread?

3. Unused maids suite been unused 18 yrs. Except ss rarely used storage room. Conceivably allowed problem to become worse

Do a hirise owners... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 1, 2023

The answer to your questions resides in your condo documents, which we cannot review in this online forum. Generally, an association is liable to replace the bare walls, floors and ceiling unless your documents provide otherwise. The association is liable if the pipe services more than one unit... View More

1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: There is water/mold damage inside my condo unit from a leak above me, what are my chances taking the HOA to court?

The leak is from a common element pipe. The HOA has fixed the pipe but refused to pay for mold treatment inside my unit, citing demarcation at the drywall. The Bylaw says "all incidental damage caused to an Apartment by the maintenance, repair, or replacement work done by the Association shall... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 30, 2023

That's impossible to say without reading your condo documents. Generally, the HOA is only liable for putting back the bare drywall but it's possible your documents do not require that. It is also crucial to know if the pipe services just one unit or multiple units. If the pipe services... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: Looking to purchase a condo in FL with seller financing. He wants to do a land contract. Who’s name will the title be in

How does this get filed with the state? I want to make sure I’m protected. The interior needs work and I don’t want to put the effort and money in if this isn’t legitimate. We have agreed on terms, what do I need to do to make sure I’m covered?

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 29, 2023

You should not buy or sell property without having an attorney. Too many things could go wrong. A little money spent now usually saves a lot of money later.

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5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
Barbara Billiot Stage
Barbara Billiot Stage
answered on May 22, 2023

There's no law that requires the HOA to inform you.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Are HOA's allowed to change the rules so my house built on two merged lots will have to pay two HOA dues when resold?

A few years back the HOA allowed people to merge lots together where the merged lot would only pay one HOA dues instead of two. Recently, they changed the rules and now everyone who merged lots in the past still only have to pay one HOA dues; however, if they sell the lot/residence then the new... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 19, 2023

Yes, there was a court case years ago that ruled homeowners who had one house on two lots were still required to pay two assessments and that holding them liable for just one assessment violated the Declaration of Covenants, Conditions and Restrictions.

1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: Can they ask me for more money when by my account, I’ve paid up everything I’ve owed and I’m up to date?

In a letter dated March 31, 2023, I was informed by the Head of Accounts Receivables that I owed $789.99 to the Association. The letter states, “must be paid within 30 days of the date of this letter. "

On April 29th, 2023 I sent the full $789.99 within the 30 days of the date of the... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 16, 2023

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... View More

2 Answers | Asked in Contracts for Florida on
Q: Is a promissory note enforceable if the full principal sum of money was never delivered to the borrower?

My father and step mother agreed to loan us 7200 at the terms 200 a month for 36 months they are now refusing to send the remaining 1500. Does this make the promissory note void under their terms since they never sent the full sim of 7200?

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 11, 2023

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... View More

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Can I claim a refund now from a car dealer who overcharged me last year?

After a couple of hours in the dealership last year, I failed to properly double check the numbers and the dealer changed the prices we agreed to by more than $16,000 in the contract. I trusted that the numbers were correct and I signed the contract. This week I was looking at the paperwork and... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 10, 2023

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... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: I am being sued for fraud due to a house I rebuilt flooding.

The house flooded one time during the renovation but was corrected and never flooded for 2.5 years in which we owned the house after the renovation was completed. However, the yard continued to flood. The house was an extensive rebuild. I disclosed the yard flooded due to no storm water drainage... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 10, 2023

The good thing is you have a lawyer representing you in this lawsuit. The broker is not a lawyer and should not have advised you on this matter. Their interest is to make the sale, which creates a conflict when your interest is to make the sale without getting sued. Everyone should have a lawyer... View More

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3 Answers | Asked in Real Estate Law and Domestic Violence for Florida on
Q: I am a mother with 2 children and co-own a home and land with my current boyfriend. He is not their father. We co-own

a home and both of our names are on the deed and mortgages. He has become increasingly more emotionally, verbally, and mentally abusive so I am trying to move out but I have nowhere to go. I have invested thousands of dollars in this home and I cannot financially afford to live on my own without... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 3, 2023

Your name cannot be removed off of a deed without you signing it (or by forgery). You should consult with a real estate litigator today. You could file an action in court called a partition, which would force him to buy you out or the court sells the property.

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1 Answer | Asked in Real Estate Law for Florida on
Q: As a home buyer, how do I coordinate paying for the roof on the new home?
Barbara Billiot Stage
Barbara Billiot Stage
answered on May 3, 2023

If you are going to buy or sell real estate you should consult with and hire a real estate lawyer. They can make sure the proper paperwork is completed to protect you in these types of situations plus look out for many other issues that might be a problem.

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for Florida on
Q: Is it legal for my management to threaten foreclosure on me for sending HOA invoices to an incorrect address?

I moved into a condo in Bradenton from New York. My HOA instructions and unique pin for accessing the payment portal was sent to the wrong address for consecutive months. I had asked 3 times for my management to send the paperwork to my new address. For this reason I was unable to pay my dues at... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 27, 2023

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...
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