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My partner was the only person who signed on the loan for the construction, after he signed I received a copy of the closing and the terms where not favorable at all and I feel I am on a loan that is designed to get high fees and interest not favorable and not as the private lender said, I want to... View More 
answered on Dec 29, 2023
If the agreement was signed the co-owner of the LLC, on behalf of the LLC, you could argue that the "partner" did not have authority to sign. Then, if you wish you might want to try to re-negotiate the terms. In any event, since it is an LLC, you are probably not individually liable.
He has a finalized contract and has been paying his monthly payment. He called and they said "escrow" amount increased so they had to increase his monthly payment. "Escrow"?? He has signed final papers on his original loan.
answered on Dec 27, 2023
Escrow refers to the property taxes and homeowner's insurance that are built into the monthly loan payment. If the taxes and/or insurance go up in any given year, the total monthly payment will go up to make up for the shortage. Both taxes and insurance are going up quickly in Florida. If you... View More
There is a leak inside the floor-ceiling cavity that has been there for at least two years that has caused significant water damage to the unit below. The leak is just past the p-trap under my tub and has just been found. I believe our condo docs are clear that the rough plumbing in the walls is... View More
answered on Dec 22, 2023
You are wise to seek legal advice before writing a letter. However, online internet forums are not the place to get actionable legal advice. My suggestion is to retain an attorney knowledgeable in condo law or perhaps in construction law (probably a toss-up as to which is "better"). Any... View More
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answered on Dec 25, 2023
In Florida, if you're facing a dispute over residential property taxes, there are professionals who can provide assistance. Typically, real estate attorneys or tax attorneys with experience in property tax law can offer guidance and representation in such disputes.
You can also seek... View More
We voted in a new board with special session. The new board fired the bookkeeper and hired a new accounting firm. The old bookkeeper doesn't have all the records either he won't turn them over or he doesn't have them is the new board required to file a police report about this
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answered on Dec 20, 2023
In Florida, the requirements for a board, particularly in the context of a homeowners' association or similar entity, regarding the handling of records and potential legal issues can vary based on the specific circumstances and the governing documents of the organization.
If a new... View More
listing " All windows has been upgrade to double panel, insulated and hurricane proof vinyl windows." After the purchase I researched the windows and they are indeed not what is listed. Talked to the original installer. thanks Frank
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answered on Dec 20, 2023
In Florida, if you purchased a condo based on a broker's listing that claimed the windows were upgraded to hurricane-proof, and later discovered this to be untrue, you might have grounds for legal action. The key issue here is whether the broker's representation about the windows was a... View More
They don't send paperwork showing the yearly budget but recently requested an extra 100 for "insurance" to be added to the monthly fees and I've written to the president many times asking for documents of the roof because I need it for a discount on getting the condos insured.
answered on Dec 18, 2023
You need to send a certified letter, return receipt to the registered agent of the association (look for your association on www.sunbiz.com) requesting to inspect the official records. Requesting copies of documents is not a proper request and the association has no duty to send copies. The... View More
ignoring my follow up emails.
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answered on Dec 15, 2023
You have to file a Motion To Compel Discovery.
Placement of well according to septic engineering should be much closer to my home and out of the easement.
answered on Dec 14, 2023
Buying and selling property, especially new construction, without a real estate lawyer. I know that doesn't help you now and you will need to hire a real estate litigator or a construction law litigator to review your documents related to the sale and construction to get this resolved. The... View More
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?
answered on Dec 13, 2023
No. Florida Statute 723.058 (10 provides that
"No mobile home park owner ... shall make or enforce any rule, regulation, or rental agreement provision which denies or abridges the right of any mobile home owner or owner of a lot in a mobile home subdivision to sell his or her mobile... View More
I live in Florida
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.
Over a year ago, I formally submitted a request to my HOA's management company, complete with necessary documentation, seeking approval for a Radon mitigation fan installation. Despite engaging with the HOA management for over four months, my inquiries were met with vague responses. Even... View More
answered on Dec 13, 2023
Generally, anyone can sue anyone else but whether or not you have a case depends on a lot of factors, including a reading of your association documents, which we cannot do in this online forum. How you proceed depends on if you live in a HOA (generally, single-family home, townhomes, villas) or a... View More
Our HOA discovered a home being used as an airbnb. Our CCR's don't specify against them but do against businesses restricting commerce, industry, business, trade or profession. Since Florida requires an airbnb to be licensed and our CCR's restrict businesses can we prohibit them?... View More
answered on Dec 12, 2023
First, I caution that if you are a board member, you have a fiduciary duty to ask this of your association attorney rather than strangers on the Internet who have not read your documents. If your HOA doesn't have one, it needs one. Board members cannot amend association documents because... View More
My mother passed away a few years ago and I still haven’t seen any money from the sale. The proceeds were to be split 50/50 between my sister and I. She hired a lawyer to oversee the sale of the house and claims no money has been dispersed but I have no way of knowing. She won’t talk to me and... View More
answered on Dec 12, 2023
You can review the court docket for the probate case to see what has taken place. You can also review the real estate records to see if the property has sold. If you are not satisfied with the way the estate is being handled and believe waste is taking place, you may petition the court to... View More
The original lien has charges totally different from papers delivered by sheriff. I've had dispute over charges for work not done but charged for with no response
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answered on Dec 9, 2023
You are describing construction lien law.
The issue in this area is that the builder or contractor does not usually pay any legal fees upfront because often lawyers take these cases on contingency. I find young lawyers taking more cases that they shouldn't. This creates litigation... View More
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
In Florida, my apartment is offering 6 weeks off as a promo. I’ve always been able to take that 6weeks and have them prorate it throughout the lease to lower the monthly rent. This apartment is saying they will not and only the first month and a half will be free, and then the full rate after... View More
answered on Dec 4, 2023
This is a policy that this apartment complex has instituted. There's no right to it in the law, so you have no legal ability to make them change their policy.
acknowledged they received them. although I know that they did
answered on Dec 4, 2023
30 days. The attorney doesn't have to acknowledge receipt. If you don't know the basics, you need to hire an attorney. You should hire an attorney because the other side has one.
This is my first home, I don’t have a previous save our homes homestead exemption. I am buying the house but my mother is living in it. If I add her to the deed will she be able to transfer her save our homes to the new house? As it would be 50% ownership, would 50% of the exemption be applied?... View More
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answered on Dec 2, 2023
What a nice gesture. You can absolutely add her in via a Quit Claim Deed. I would strongly urge you to hire a real estate lawyer to prepare one so it is done right. Errors in deeds are costly specially when trying to correct them after many years and at the time of sale. As co-tenants you can... View More
The dock in closed due to disrepair. There is a section of dock on the land side of a gate but still over the water. I say it's part of the dock. Is it? Shouldn't I be allowed to smoke there?
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answered on Dec 2, 2023
In determining whether the section of the dock on the land side is part of the dock for the purposes of smoking, it's important to refer to the specific language of the cooperative's bylaws and any other relevant governing documents. These documents may define what constitutes the... View More
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