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answered on Dec 2, 2021
HOA rules attach legal fees. Unless that lawyer feels bad for you, you'll be expected to pay the past due amount plus legal fees. Sorry.
Extensive damage occurred in my house after work was done by a company. The damage was undetected for almost four years due to its location. Once found, expensive repairs were required. Three outside specialists confirmed the cause of damage was the poor workmanship. The company refuses to pay any... View More 
answered on Nov 16, 2021
You ask a very good question and one that I have been asked many times. An arbitration provision is valid even if the contract involved fraud. In other words, simply because fraud was involved in the transaction, that does not void the manner in which you have agreed to resolve the dispute. This is... View More
I'm currently waiting for video footage from gas station across the street with a camera pointing directly at the only entrance/exit of my complex as well as video footage from the clubhouse via property manager that must be passed to get to my unit. Also, I plan to voluntarily ask the court... View More
answered on Sep 27, 2021
Yes, that is certainly possible based on what is essentially alibi evidence. Get in contact with an attorney to represent you on the VOP and discuss this with them.
I had an issue with a torque converter and was told by 2 different mechanics that I might as well get a whole rebuilt transmission. In a matter of 2 weeks, I had to take my car to the mechanics 4 times. First to replace my bad transmission with a rebuilt one, then to service it, the to replace it... View More
answered on Jul 5, 2021
You need to find a couple of experienced mechanics to give you expert opinions as to there has been any foul play. Let them put their opinions in writing. After that, you can bring it to a commercial litigation attorney for a consultation as to whether it pays to sue them.
Association:
And not by court action except as provided by Florida law for judicial review or arbitration proceedings.
Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the... View More
answered on Jun 11, 2021
You are correct that it's an arbitration clause, requiring legal disputes to be resolved in an arbitration proceeding rather than a court. Certain businesses like such clauses in their contracts in order to have disputes resolved in a less costly fashion and to prevent claims from being... View More
And not by court action except as provided by Florida law for judicial review or arbitration proceedings.
Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the notice of pending... View More
answered on Jun 11, 2021
If you don't understand the arbitration verbiage in the contract, have an attorney explain it to you. It basically means that, if there is a dispute over the contract, you will have to arbitrate the dispute instead of filing a lawsuit. See:
https://en.wikipedia.org/wiki/Arbitration
I was in a relationship and during the course of the relationship, I took out a car loan and bought a car. I have been making monthly payments on the car and I paid the initial processing fees. My ex boyfriend's name is on the title for the car and he used to receive upkeep for the car... View More
answered on May 27, 2021
You are both owners of the vehicle as you are both on the title. If you are the only one who signed the promissory note to purchase/pay for the vehicle, then you are the only person legally responsible for the vehicle. He is correct in that he does have an ownership interest in the vehicle. If... View More
I left the house to her and car. 401k was built up while I was paying the mortgage.
She didn't list it on the divorce agree
answered on Apr 16, 2021
You need to look carefully at your marital settlement agreement. If you knew about the 401k when you got divorced then you had an obligation to bring it up. On the other hand, if she hid it from you then you might have a case for fraud. Finally, seven years later is a long time and may be held... View More
The closing was on a property unrelated to this case. We are a couple not married owning a house together and I hired a lawyer for a demand letter and mediation since I want to sell and the other party wants an uneven split of proceeds. However this lawyer did a closing for the other party years... View More
answered on Mar 12, 2021
I believe the lawyer can represent you if the lawyer gets the informed consent of both parties to the mediation.
My dad has 2 daughters from ex and 2 daughters from 1st marriage to my mom. Mom passed away 10yrs ago and he hasn’t remarried. He had a brain aneurysm and is on a wheelchair and can’t speak. He only says my name, aha & no. His other 2 daughters took him out of the nursing home we had him... View More
answered on Feb 23, 2021
Isn't it obvious? You write that "he doesn’t have an appointed guardian. " So file an application to be appointed guardian.
I booked and paid for a hotel and the reservation was guaranteed and confirmed. When I got to the hotel, hotel was not operational for about a year. No substitute was offered
answered on Feb 14, 2021
I haven't consulted hotels.com's terms and conditions on their website, however, a contract cannot exclude gross negligence (which is the case most likely) or fraud (which would have required them to have actually known the hotel was not operating) without a knowing waiver.
I have... View More
I live in an apartment complex in Clearwater Florida, the management company just had my A/C unit replaced. However the contractors who did the work did a lot of damage to my personal property however, and since no one was home to supervise them and the management company did not have anyone... View More
answered on Nov 14, 2020
A Florida attorney could advise best, but your post remains open for three weeks. Based on your description, this looks like a difficult and messy situation. If you are able to find resolution through insurance, that might be your most economical route. Even if you retained an attorney to pursue... View More
Now I have to stay longer than expected. If we made an agreement on payments to pay him back, could he have me arrested of I fail to make payments on time?
answered on Sep 22, 2020
Sounds very problematic and you need to either give the money back or get him his trailer immediately...depending on the value of the trailer you could be charged with either a felony or misdemeanor (probably a felony).
We recently formed a small 7 household HOA in order to be able to insure our commons pool/clubhouse jointly owned after the developer left our compound. Our HOA Board has declared the pool to be PUBLIC with draconian State Regulations attached. The Board is refusing to admit they might be wrong... View More
answered on Aug 31, 2020
No, the pool for common use and the residential lot, unless it is owned by someone other than the HOA is now common area.
We rent a condominium in Aventura, FL. Recently we had an electrical inspection, where the result was the condo being condemned. The owner wants to sell instead of repair the problems. Is there anything we can do?
answered on Aug 13, 2020
Unless you have a written lease that says otherwise, you are not obligated to pay any more rent because you will be required to move. If you do have a written lease you can be sure the landlord will not renew it because he cannot do that if the condo is condemned. Finally, suing is possible, but... View More
This was an car accident that took place in Florida. Together with my claims adjuster I agreed to pursue arbitration for reimbursement of deductible and out-of-pocket costs. Apart from supplying my insurance company with an account of the incident, some photographs I had taken and a diagram... View More
answered on Jul 3, 2020
A Florida attorney could answer best, but your post remains open for three weeks. It's possible the arbitrator asked one or both sides for additional information. It's possible an award hasn't been rendered. Things could take longer than usual because of COVID-19 (courts are only... View More
I signed an Employment at-will contract, which was created under our American jurisdiction, but I had to sing it in an another country. The question is related with the uncertain problems that I could have in the future. There is contractual term which indicates that in the case of any dispute or... View More
answered on Jun 4, 2020
If and when the contract is ever raised in litigation (or arbitration), be sure to make your attorney aware of it. I don't know what the contract says, but "employment at will" is the law just about everywhere in the U.S. anyway.
The arbitrator gave the company until May 15, 2020 to complete the project and they did not. It could be due to the pandemic and they may have gone out of business and they may start up business once the economy picks up. Meanwhile this company is only taking messages when we call and they have... View More
answered on May 25, 2020
It wouldn't hurt to take action now, but if you wait for a few months that wouldn't hurt either.
Is it legal for condo associations in Broward County, Florida, during the COVID-19 pandemic phase 1 of reopening, to restrict a property owner from allowing their missionary family members to go to stay at their residence, for a short term of a couple weeks, as they are stuck without a home until... View More
answered on May 19, 2020
Florida Statute 718.1265 provides in pertinent part:
"Association emergency powers.—
(1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with the provisions of... View More
I need a mitigation attorney that can help be a negotiater for my 500ksettlement money between my 2 attorneys (one who withdrew) who wants 40% plus 50k in expenses and the other who was only on my case for 7 months and wants also 40% and 30k in his expenses and says he has 5000hours of his time at... View More
answered on Apr 2, 2020
Sorry to hear about your mess. I think you are not using correct terminology - do you mean need a mediation attorney, that is, an attorney to mediate between your two attorneys? And if you mean that, have the two attorneys expressed a willingness to have a third person mediate between them, or... View More
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