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Questions Answered by Barbara Billiot Stage
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: new home, owner wants me to pay for the water of the new sod.
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 8, 2024

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

2 Answers | Asked in Real Estate Law for Florida on
Q: Is it legal, in FL, to require the owner of a mh, parked in a m h park, to require the owner to leave the m h there?

I am trying to sell a mh I own. It is located in a mh park. According to the lot contract, it says it can not be moved. This is preventing the sale. People want to move the mh onto their property. Is this legal in FL?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 15, 2023

Sorry but this is something we cannot answer in an online forum without reading the contract you signed. You can sign away valuable rights by entering into a contract unless a state law specifically prohibits such a clause in a contract. There is currently not one.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Who is responsible for mitigating the impact of HOA trees and their root encroachment on my pool area and lines?

I live in Florida

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

Generally, the homeowner can cut any branches or roots that cross the property line as long as it will not compromise the tree. Who is responsible depends on wording in your HOA documents, which we cannot review in this online forum.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: The HOA has been engaging in selective enforcement. How do I close allow the HOA to take 17,000$ and return it later?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 7, 2023

You will need to repost your question because it does not make sense (sorry). Selective enforcement is a defense if you are being sued for violating the deed restrictions. I'm not sure what $17,000 has to do with that? It appears you have paid the HOA $17,000 and expect to get it back... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: We are in the middle of the contract for my dad buying in 55 plus community. In the contact it said that hoa will be 301

Past week of the contact we are told that the budget proposal will take place on our closing date and the hoa fee will be 570. Our broker is telling us that legally we are not able to exit the contact. What do we do

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 22, 2023

Your dad will need to consult with a real estate lawyer to review the contract. The broker cannot give legal advice and the broker's interest is in making the commission, not getting your dad out of a sale. No one should buy, sell or lease real estate without a lawyer to review the documents... View More

1 Answer | Asked in Contracts for Florida on
Q: In Florida when the entire condo board of 64 units wants to resign. what are our options.
Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 29, 2023

You and your neighbors need to organize an election and elect new board members.

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Florida on
Q: Can a condo board impose a special assessment for an expense that is specifically prohibited in condo docs?

Our condo docs state that the developer who retained the building, land and amenities, is responsible for 90% of repairs to property that isn't common. He wants us to pay 100% for the seawall damaged in the hurricane which is clearly his and blackmailing us by taking away amenity use which we... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 22, 2023

This is a question that goes beyond the scope of this forum and requires a lawyer to review your condo documents to provide advice. You will need to consult with a community association lawyer.

1 Answer | Asked in Real Estate Law for Florida on
Q: the HOA have a case aginst me and want to chart me $11k for pressure wash issue that I took care of already

I need your help please, HOA want to charge me a lot of money for something I didn't do. they missed the Mediation that was set by the court and now they set another mediation that is not set by the court and I am not sure if I should join or not?

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

There's not enough facts to provide you with general help and this really goes beyond the scope of this website. You need to hire your own lawyer who is experienced in community association law or you will be out gunned in this fight.

1 Answer | Asked in Real Estate Law for Florida on
Q: do i have to wait for the defendant to answer the lawsuit before i serve interrogatories? can interog also request docs
Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 10, 2023

No you don't have to wait but if you are not familiar with interrogatories, requests for production, requests for admissions and the Florida Rules of Civil Procedure, you might be better off hiring a lawyer. Generally, when a post is made in the real estate section there is a lot at stake.

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: This property is located in Florida, and I have a question. The management company mishandled owners' assessment monthly

payments, and the owners had to prove they owed the money. This event occurred in 2010 which the HOA claimed the first missed payment happened in 2010, and it is now 13 years later, but the HOA never filed for foreclosure or placed a lien on the unit.

Is there a statute of limitation... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 23, 2023

The statute of limitations on past due assessments is five years unless the HOA has been filing and maintaining liens for the debt or a bankruptcy abated the time during the pendency of the bankruptcy.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Is a lease renewal offer equal to the lease you originally signed?

We have been tenants in a house for 7 years. The last few years, we have been given and signed lease renewal offer letters. The owner is now trying to sell the house (its not on the market) to people who want to live in the house - we have 11 months left on our new lease - is the lease renewal... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 21, 2023

A lawyer would need to read the lease and the renewal offer to make that determination.

1 Answer | Asked in Real Estate Law for Florida on
Q: If I own an Airbnb and I do Airbnb arbitrage.

Can the tenant sue me as I’m the owner or is it between them and the entity they are renting from?

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

If something happens a lawyer would sue every possible person or company liable, especially you as the owner.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can the grievance committee in my building postpone hearing my case 14 days without even listening to me?

The day I was given to defend myself they wouldn’t let me speak and unilaterally decided to postpone hearing me until their following meeting in 15 days

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

There's no statute that prohibits it.

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: Is a tenant in common owner entitled to Homestead Ex. benefits transferrable upon inheriting remainder & sale?

My mother recently passed, I had I believe 50% tenant in common ownership our home for about 6 years & resided as my primary residence there for 40, the property was solely hers for 30 some years with Homestead exemption before I was added to added . Upon her passing I inherited the remainder... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 22, 2023

This is a question for the real estate attorney you have representing you in the transaction. Anyone buying or selling real estate needs to have one because so many things could go wrong, including title issues, tax issues, undiscovered liens, boundary issues, etc., etc.. While I am sure you are... View More

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How long after a person has passed are the terms of a will enforced.

My friend inherited property in the will she was listed as lifetime beneficiary and that if she moves voluntarily or dies the property is then passed down to her brother. My friend has major health issues and needs to live in an assisted home. The brother destroyed 2 houses on the property that he... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 21, 2023

Sorry, but you can't get legal advice for your friend. That would be practicing law without a license, which is a criminal offense. Your friend needs to consult with a probate lawyer who can review the will and any deeds to the property. Many lawyers work remotely and the days of having to... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can I be denied for credit score by HOA if no minimum credit score is stated in Florida
Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 6, 2023

Yes, the HOA has the right to determine the level of the credit score they feel is acceptable.

2 Answers | Asked in Real Estate Law for Florida on
Q: in a special warranty deed, why would they add that a mortgage encumbers the property in it?

I am transferring half of my house to my daughter since I moved out to get assisted living. On the special warranty deed she sent me to sign, there is this sentence: "This is not "homestead" real property of Grantor, and Grantor confirms this is a conveyance which is not pursuant to... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 4, 2023

It means you no longer have homestead exemption on the property since you do not live there and there is a $250,000 mortgage on the property.

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1 Answer | Asked in Banking, Civil Litigation, Personal Injury and Bankruptcy for Florida on
Q: Atheist, homeless. Would like to buy things like Chinese buffet or personal items like socks. Where do I get financing?

So far all the banks I've asked denied financing. I've asked USBank, Bank of America, Regions, Wells F, etc for a loan to help in finding a job, move to a different state, or for personal things and they have all denied. It's a bit surprising because I thought that was the point of a... View More

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

No, a lawyer cannot sue private institutions to force them to establish you credit. As long as the lenders are not denying you based on a protected class such as race, religion, national origin, sex, or one of the other few protected classes, they are not breaking any laws. Not having a job or a... View More

1 Answer | Asked in Contracts for Florida on
Q: Can I alter a contract from homeowners ins? Adj report =roof& screen only.

Current contract= roof will be by ins choice comp & defer ded.7k To ME for *all other damages currently documented to be 4k and under the ded.value=7k. there are huge other costs/damages currently not in adj. Report.

I dont want to sign *ALL DAMAGES beyond roof. I will sign IF its... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 18, 2023

This is why no one should buy or sell real estate without a lawyer. We cannot provide you with advice as to this transaction because this is a general Q&A forum and a lawyer needs to read all of the documents before advising if you can or should sign them or submit a counter offer.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: What happens if I have AS IS contract on a Fl property and I sued the HOA four year ago for damage and loss of use.

I am the seller. The buyer is asking me to assign the case to them. I said no... So what is next? Cancel the contract?

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

No one should buy, sell or rent real estate without a lawyer representing them. Whether or not you or the buyer can cancel the contract depends on the terms of the contract, which we cannot review in this online forum. Have your lawyer review the contract and advise you or, if you don't have... View More

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