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answered on Feb 27, 2023
It depends on the language in the HOA documents, which we cannot review in this online forum. You would need to consult with an experienced HOA lawyer to review the documents and advise you.
Amendment requires 75% approval and passes but I vote against it. Am I grandfathered in under old docs?
answered on Feb 27, 2023
Only if it is for rental restrictions. Those are the only amendments that recognize an owner is not subject to them unless they voted for them.
(1) Back in November 2022, I received a Cease & Desist Letter effective immediately and permanently to send emails for the health, safety, and welfare of the Management Team. If I didn’t do what they told me, they would file litigation against me. The 9 or 10 emails in a 5-month span that... View More 
answered on Feb 27, 2023
You didn't post a question. A cease and desist letter isn't really worth the paper it's written on. It is only effective if it's a court order from a judge but it is a warning the association may pursue legal action against you.
The management company may be deflecting... View More
I receive the right to stay at the exchanger’s home or guest points which allow me to stay at any home in the system. My condo board says I am “renting” my condo in violation of the condo documents which limit leases to twice per year, minimum of 2 consecutive months. Are they correct?
answered on Feb 26, 2023
Probably, but no one can say for sure without reading your condo documents. Many prohibit short term rentals and and exchange is still a rental. You’re getting something for value.
They are completely disregarding almost all aspects of FL statute 718 and refusing to accept my certified return receipt mail. That is my next step?
answered on Feb 25, 2023
File a complaint against the management company's license with the Department of Business and Professional Regulation at myfloridalicense.com.
I agreed to do a quick claim deed transfer when I got behind on my taxes and in the deed it states that I agree to pay $500 a month to rent and also had the option to buy my property back within the first year for $10,000 my year ain't up but he's selling my property and tearing down the... View More
answered on Feb 20, 2023
You need to take a copy of the deed and any paperwork to a real estate lawyer immediately. Lawyers cannot give you advice based on a document they have no way to review in an online forum. Time is of the essence in this case so consult with a lawyer as soon as possible.
The state wants to give me a ticket for hunting and fishing after the Treaty of Middle Plantation gave me rights. What should I do?
answered on Feb 7, 2023
Yes, that treaty was signed with the British government and tribes in Virginia in 1677. It was with specific tribes located in Virginia. Florida was not a British colony during this time.
Construction was set to begin a year or so later. Fast forward to now, construction is on Phase 2 , however, the company reached out and advise that prices has went up since we signed the contract and they now want to add an extra charge of 10k extra to our original price amount. Mind you we have... View More
answered on Feb 1, 2023
That depends on the terms of your contract, which we cannot review in this online forum. You would need to take the contract to a lawyer to review.
He wants to take his name off of the deed so I can be 100% titled to house.(He is moving) Can this be accomplished with a quit claim deed? What would be the correct steps to take? Thank you in advance.
answered on Jan 28, 2023
It can but you should see a real estate lawyer to make sure that type of deed is in your best interest. If not done correctly it can cause you more money and trouble than it's worth to save a few dollars. You should also check to make sure it would not accelerate your mortgage and the total... View More
There was a problem in our park on New Years where my husband was trying to break up a fight with some residents, those residents turned against us and made reports to management that just was not true. Now they are serving us with a non-renewal. We own our home but rent the lot. We feel... View More
answered on Jan 26, 2023
There is no law that would require a landlord to renew your lease as long as the landlord is not engaging in discriminatory behavior. It would be very difficult to prove discrimination even if you were in a protected class (race, color, creed, religion, sex, etc.) because your husband was involved... View More
Second mortgage is after estate of deceased owner against his heirs (former owners of house). I talked to attorney of case, he told me he can’t discuss details with me since I am not in case. He told me they going after former owners of the house including bank who took money I paid for house.... View More
answered on Jan 27, 2023
I would suggest you consult with a mortgage foreclosure defense attorney to make sure the foreclosure that resulted in your purchase was done correctly and without defects. If the second mortgage lender was included in the foreclosure action they would not have a claim against you or the property... View More
both of our names were on loan agreement as managing members and both signed , some how my name has vanished and I've lost my 100k investment
answered on Jan 25, 2023
Vanished from where? A lawyer would need to review the deed and your LLC documents to give you advice on this matter. There are not enough facts to even provide general advice.
1. Via violations of my civil rights by not following state statue 720.350 by golf club masters board and attorney advising them to do so.
answered on Jan 24, 2023
Do you mean Fla. Stat. 720.305? There is no 720.350. The statute of limitations on a claim against a homeowners association for breach of contract is five years. There is not enough information to determine if your civil rights have been violated because you can waive your civil rights by... View More
We are a condominium unit of 36 undivided units in Miami. We are currently 4 board members and one of the four holds the position of president. This president went crazy and does not talk to us. The administrator cam resigned on January 4 due to the discussions and today the president intends to... View More
answered on Jan 20, 2023
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.
There is a huge tree that is about 5 feet away from my townhouse that I own. The tree is owned by the HOA. The tree is causing damage to my property but the HOA refuses to allow me to cut it down.
answered on Jan 16, 2023
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 house is still there my mother owned because my cousin has it but my mother was on morphine and took sick to give it to my aunt and cousin but now my cousin who has my mother’s house will not even let me live in the house my mother owned even if it stays in her name. What can I do to gain... View More
answered on Jan 11, 2023
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
Our association Bylaws call for staggered terms of Board members. 3 members with most votes get 3 year term, 2 members with with next most votes get 2 years and finally the 2 least votes serve one year term. My question is this.
Can an elected board member that received the least votes and... View More
answered on Jan 5, 2023
That's impossible to answer without reading the Articles of Incorporation and the Bylaws. Generally, these provisions apply to initial terms and then directors serve three year terms following the next election so that the terms are always staggered. If you are not sure of the language in... View More
If I entered a gated community, in Florida that has no trespassing signs, but did not enter anyone’s private property only hanged out on the communities playground and did not leave when asked by a homeowner is that considered trespassing?
answered on Jan 4, 2023
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.
My husband and I currently own a home under our LLC with my parents who have their portion under their names. We use it for a short term rental. But I set up a new LLC for the house and we are each 25% managing partners. I want to get the title of the home under the new business LLC. Do we just... View More
answered on Jan 4, 2023
Easier way to get it done is to consult with a real estate attorney. Quitclaim deeds can cause more problems than they solve.
Florida: I have signed a renewal lease with my tenants for 6 months, ending in May2023. The condo is in HOA and they implemented rules, as follows: "No lease shall be for a period of less than six months. Units shall not be released more than once in any six-month period and rented once a... View More
answered on Jan 2, 2023
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
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