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My friend is cash poor and really needs the money from the sale of these properties. Her brother refuses to sell because he wants to leave the properties to his son. My friend has a medical condition and needs the money for insurance, medications and the like. She can't cover basic living... View More 
answered on Apr 22, 2023
Your friend should consult with a lawyer about a partition but also have the lawyer first try to work out a resolution so the legal fees don't take a lot of the equity in the house.
Am I privy to lease used on 3/7/2023 and able to elect which one I want? The mobile home park at time was in process of possible sale and seems I got caught in some behind the scenes dealings. My realtor said to buy when I did as I would be grandfathered into current lot rent and current lease. I... View More
answered on Apr 21, 2023
You cannot be grandfathered into a lease you are not a party to and did not sign. FYI - you should never buy or sell a home or real estate without a lawyer. Real estate agents cannot give legal advice and their goal is to make the sale.
I am a new member of the Board of Directors for my HOA. In the certification course for new directors, we were told that architectural reviews must be conducted in public meetings just like Board meetings. However, members of our Board who have been members for years say that our association's... View More
answered on Apr 14, 2023
Architectural reviews are required to be discussed and approved at open meetings if the committee has final say. If the board is reviewing them they need to be reviewed at board meetings. While your documents could possibly provide for a different method, unless your documents are really old,... View More
Most of the units are used as vacation homes so one permit is not a problem. There are a few spaces reserved for guests. This is my primary residence and I own three cars. There was nothing in the condo declaration or rules and regulations and by-laws pertaining to parking or vehicle ownership. Is... View More
answered on Apr 12, 2023
Without reading the condo documents, which we cannot do in this online forum, my experienced guess would be "yes." Condominiums have limited parking and generally do not have the ability to create additional parking spaces. The general rule is, if it serves a legitimate business need,... View More
Section 26. Flags. An Owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 41/2 feet by 6 feet, that... View More
answered on Apr 3, 2023
It depends on what you mean by "discriminatory?" It is outdated and not compliant with the latest statute, which allows these flags to be flown year-round and also include Space Force, MIA and POW flags. This is state law, Florida Statute 720.304(2)(a-b). If you mean is it... View More
It's an open title with a 12-year pass of taxes for the property what can be done to put it in my name or a corporation's name so I can renovate it and put back on the market I am not going to keep the property so I'll still only have one
answered on Mar 31, 2023
You need to consult with a real estate lawyer in your area to read the mobile home park documents to determine what is your best option. Generally, such restrictions are not effective against inherited property but you need to make sure the documents do not contain any language that might defeat... View More
Wants to add his name to deed after few monthes take me off where do I stand ??? I do not want to be out o. The street !!!
answered on Mar 28, 2023
No one can make you sign a deed but you will face a few problems if he tries to sue you for the equity in the house or he has a mortgage and stops paying the mortgage. You should consult with a real estate lawyer and bring any documents you have regarding the purchase of the house and the deed.
My mother is looking to add me on the deed to her home using a quit claim deed. I am currently living in the home and making payments. However she filed bankruptcy a few years ago and the home was discharged, so she is no longer financially responsible for the home. I read somewhere that if she... View More
answered on Mar 28, 2023
It is highly likely the creditor could demand payment in full once the deed is recorded. See a real estate lawyer to discuss the possibilities and to prepare a proper deed if one is advisable. Quitclaim deeds cause more problems then they solve. You should consult a real estate lawyer who is also... View More
I was the executor of my father's will. He owned a non-homestead house in another county. I filed a probate case and was deeded the home after disposition. A half sibling (step brother to my father) has been living in the home for 17 years and was on the mortgage (not the deed). I am now... View More
answered on Mar 20, 2023
The step-brother may have been paying the mortgage and might have a claim for those payments as well as any money he invested into maintenance and repairs if he was not paying rent. It seems a bit unusual to me that he was on the mortgage but not the deed. Usually someone signs a mortgage to... View More
I was told anything inside the unit os the condo responsibility. Insurance company is not reliable. Can you help me I have little money want want to be insured. I live in the bluffs marina.sprinklers and pipes are breaking. Thank you
answered on Mar 20, 2023
A condo lawyer would have to read the Declaration of Condominium and Bylaws for your association to give a proper answer. Generally, anything from the bare sheetrock out is the condominium's responsibility and anything from the sheetrock in, including paint, floor coverings and other... View More
My water heater sits in a pan with a well maintained drain, so the risk of flooding in the event of a leak is mitigated. Can the board legally require replacement, under the threat of legal action to enforce? Our bylaws make no mention of an authorization to require replacement of water heaters... View More
answered on Mar 20, 2023
Probably. Most modern water heaters have a life of 10 years if you are lucky. The consequences of a water heater failing could be more than just a leak filling up a pan and could flood your unit, which would damage adjacent units. If the condo association adopted this under their Rules and... View More
A buyer presented me with a contract with an inflated purchase price of $120,000 more. He is using a DSRC loan to buy it. He added an addendum stating I woud return $120,000 to him at closing for property management and maintenance. I was hesitant on signing and his broker told me because its a... View More
answered on Mar 19, 2023
If it looks like fraud and smells like fraud -- it's fraud. The realtor is not your agent and you should never buy or sell real estate without a lawyer. Don't sign anything without having a real estate lawyer review it.
answered on Mar 10, 2023
The process is for the board to give notice of a meeting 14 days in advance of the meeting to vote on the special assessment. Once the assessment is approved the board needs to send out a notice to the owners of the special assessment. There is no specific law of when the assessment can be... View More
How can a judge issue a final judgement without giving us a chance to present the case? The owner along with a tenant contracted for construction to the rental unit. All invoices presented by contractor were paid. Owner was later presented with a bill from a subcontractor, no contract or... View More
answered on Mar 7, 2023
Your statements are confusing but it seems like you were attempting to have a property manager represent you or a group of owners in court? That would be the unlicensed practice of law and a felony in Florida. A default is entered whenever you do not file an answer to a lawsuit. The summons... View More
The owner disputed and file a motion to dismiss as all invoices presented by the General Contractor was paid. The owner submitted copies of the contract and all payments made. Due to a missing defendant's name in the power of attorney letter (for property manager), the case was never heard... View More
answered on Mar 6, 2023
If it was a final judgment the court does not have jurisdiction to hear any other motions except for post-judgment motions under Florida Rules of Civil Procedure 1.530 and 1.540 (15 day deadline to file) or a motion for attorneys' fees and costs (30 day deadline to file) if applicable.
720.3085 (5) states the the notice for Intent to Foreclose must be substantially in the following form “This letter is to inform you a Claim of Lien has been filed…”. The text “has been filed” (past tense) leads me to believe the lien must be recorded before Intent to foreclose notice.... View More
answered on Mar 6, 2023
Filed and recorded are two different things in the legal world. Filed means it was sent to the clerk and recorded means the clerk recorded the document. There could be a situation where the document was sent to the clerk but not recorded (lost in the mail? lost by the clerk?). Not all attorneys... View More
If the HOA knew of the misrepresentations, intentional fraud, right? If they didn't know, negligence fraud, right? And any related parties aware and benefiting from said misrepresentations are conspirators, no?
answered on Mar 4, 2023
Generally, no, but that answer could change depending on the misrepresentations. If any of the misrepresentations conflict with the language in the HOA documents, which are public record, the HOA would not be liable because owners are deemed to have read the HOA documents whether they actually... View More
This is a short term lease for 3 months.
answered on Mar 2, 2023
There are consequences to breaking a contract. The amount of your liability to the landlord for damages depends on the language in the contract, which we cannot review in this online forum.
i do not have 100% going to unsecured debt most of this goes to student loans. do i have any recourse to keep my refund? thank you. if i do not get an exemption, how will they collect the return? wage garnishment? thank you.
answered on Mar 1, 2023
You can motion the court for a medical exemption if you need the refund to use for medical bills. The Middle District Court has a clinic for pro se filing. Make an appointment with the clinic to get guidance in submitting such a motion.
Manatee county, Florida. Background: HOA of 99 residences, 66 single family homes, 30 villas, with dissimilar services, separated by a county highway. HOA Board controlled by SFHs. Services denied or delayed by HOA Board to the villas.
answered on Feb 27, 2023
It depends on the language in the HOA documents and any shared amenities. It's impossible to say how much it would cost because it would likely require litigation if the board is not in agreement. It could cost anywhere from tens of thousands of dollars to up to $200,000 or more if it goes... View More
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