Florida Q&A by Practice Area
Florida Questions & Answers
Q: Does a management agreement for a Condominium has to be in writing?
I live in a Florida Condominium Association (+300 units and +$1 million budget) under the authority of Fla. Sta. 718. Does a contract entered between the Association and the Management Company (CAM) have to be in writing?
No, not legally--but if I was the association's part-time lawyer I would strongly advise the HOA not ever to hire any person or corporation to perform any of the regulated activities incumbent upon them as a CAM. All the written CAM agreements I have prepared for Condo associations and HOAs all... Read more »
Q: I purchased a home in hernando beach, fl on sept 28, 2018. I paid 20% of the total price and paid cash......
I now wish to dissolve this partnership. we have an outstanding property tax bill since we paid cash. the 80% owner now wants me to pay 50% instead of my vested 20%. she also wants me to pay 50% of the cost associated with the sell of the property, again instead of my fully vested 20%. we have no... Read more »
A deed doesn't create a partnership; it creates a tenancy-in-common. If you cannot agree on how to split the proceeds or the expenses, you probably need to sue for "partition".
Q: As a the property owner, what can you do when the Real Estate Property Managing company hired does not respond?
They do not respond to messages or emails.
Have not posted a 7 day notice to fox things
Did not collect last month's rent
Get another property manager
Q: Under Florida estate law can a spouses Will list assets to biological children from a previous marriage?
This question would be best answered by a Florida estate attorney and is referring to my mom and her now deceased husband who were both on their second marriage and both had children from a previous marriage. When he died he made a list of almost all the household furnishings stating those... Read more »
That's the purpose of a will, to leave assets to people of your choosing that would not necessarily be entitled to those assets if there was not a will. If the furnishings are in a house where your mother resides there might be some question of ownership only by your father. If the assets were... Read more »
Q: I am asylum pending now. I got approval for perm and I-140 based on EB3 . Time to apply Visa through consular processing
My question is if I got denied from 3rd country embassy how can I go back US. What is the best way to protect me and my family. I have no serious reason to apply advance parole. Do USCIS approve advance parole to get interview outside the country? If I can't re enter US, what will happen to my... Read more »
Advance Parole is granted based on good-faith. Going to third country for interview is good faith answer as to why you need advance parole. You may be granted. In the meantime, when your visa is current, you may apply for adjustment status in US.
Q: If my stepdad and I own 50/50 of my moms house after probate and he wants to move out will he still be responsible for
Mortgage.
If your dad signed the note, yes he will remain liable.
Q: I have a final injunction and I an wondering if I can pack the respondent stuff and access that part of the house?
He has 2 lizards in his room that havnt been fed in a month and I'm not sure if were allowed in the room to feed them.
The final injunction should have specified a method for respondent to retrieve his belongings. If he has been gone over a month then do what you need to.
Q: Question modified - Can pending child support order be changed to request child support prior to filing date?
Mother left July 2013. Filed paperwork to change custody and child support in 2016. Through mediation, all custody was agreed upon but all financial was "reserved for later date". Financial portion still open to this day and has not been agreed upon or finalized. Since it is still open and... Read more »
If I understand correctly you filed a Petition to Modify an already existing child support order in 2016. If that is the case then you generally cannot go retroactive from that 2016 Petition to Modify. You can still enforce the child support order that was in effect prior to 2016.
Q: I need to issue 9,000,000 additional shares to my existing 1,000,000 share c-corp in Florida. How can I do that?
You do it the same way you issued the first one million shares.
Q: What happens to the absent parent if he does not answer served child support papers?
The case has not started yet they do not have a financial afadavit for him yet...it’s been over 4months and he has not answered the served papers
If he was served then you can move for a default.
Q: Can you request child support prior to date of filing? Case is still open.
We filed for child support in April 2016 even though other parent moved out of state July 2013 because our attorney at the time said we could not ask for retro (prior to filing date). She said if we wanted child support from July 2013 then we should have filed then. Fast forward to current date and... Read more »
Normally on a new child support matter you can go back two years prior to filing. It is different if you are asking for a modification of an already existing order.
Q: In Florida, can a landlord deduct from the security deposit for routine carpet cleaning due to normal wear and tear?
The landlord sent photos to show why they steam cleaned the kitchen and bathroom tile even though the picture only shows two small spots that did not require a steam cleaning.
They shouldn't but they do. Your remedy is to bring a small claims action to contest this. Due to the time and expense and the likelihood that you will not find an attorney willing to take a case like this landlords get away with it.
Q: Can a legally disabled person get sopenna
Yes. There are no rules that prohibit a disabled person from being subpoenaed. A disabled person would be entitled to the appropriate accommodations; perhaps testifying by video or access to a service dog.
Q: regarding child support. If respondent agrees with everything except child support, what step do I take next?
can I still file even though he disagrees with the child support amount even though it is the calculation provided on the forms? he is ok with all other things except child support.
File what you agree on and ask for a hearing on the child support issue.
Q: denied homestead b/c trust words don't meet FL statutes. They know I have lived here 40 yrs! FED. Constitutional rights?
Amend the trust. If you put your homestead into a trust, a separate entity you need to comply with the law to get the homestead exemption.
Q: I have my first court hearing on divorce today I need more time. How to
I didnt get a chance to fill out forms and I want to contest it and it is labeled as uncontested how can I motion to change it?
You need to ask at the hearing today for more time and explain why you need it.
Q: If a small payment is made 3 days prior to a contempt hearing for child support will he will have to pay a purge paymen
That is entirely up to the hearing officer. A small payment shows good faith but it will be viewed in the context of how far behind he is and how much is owed in total.
Q: I allowed my landlord to come in today for inspection and repairs, do i have to let them back in to take photos
I let them in today willing now they want to come back to take photos for the purpuse to re rent the house but i said no you took photos during inspection can i deney them entery to my house again
Why are you being so silly about not wanting the landlord to take photos of their property? Did you ruin the carpet or tear down a wall? What then?
Q: I own 20% of a home in florida...am I responsible of only 20% of the property taxes? the 80% owner says I owe half.
Well that depends. Did you and other owner(s) have an agreement when you bought the place and it was determined that your percentage was 20% of the ownership interest as to how to divide other expenses or attributes of ownership of the property. Partnerships can be someone complicated and even... Read more »
Q: Can I book my flight directly to Florida from the Caribbean island instead of going to Illinois where I was filed for?
Yes, as long as you don't violate the terms of your visa. In abundance of caution, I encourage you or anyone to consult with an experienced licensed immigration attorney saving you time, money, and future headaches.
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