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Q: Received cease and desist from HOA about tenant marijuana use; should I share proof of notification email?

I received a cease and desist letter from my HOA attorney, stating that my tenants have been smoking marijuana, affecting other homeowners. Other homeowners have mostly made verbal complaints, with one formal written complaint. My lease does not specify terms regarding smoking or drug use. I have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 8, 2025

yes, you should share the notice to your tenants. There's no privacy concerns. As the owner of the unit, you are the one whose life the HOA can make most miserable, and financially difficult. It makes no sense to not cooperate with the HOA.

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3 Answers | Asked in Business Formation, Business Law, Trademark and Intellectual Property for Florida on
Q: Can another company use my registered business name in Florida?

I have a company called RemarkablyGreenLLC that has been registered in Florida since September 2023. Another company started using the exact same name in 2024, but I have not been approached by them, and we seem to provide different services. I have not taken any legal action yet. Can someone use... View More

Keith Kanouse
Keith Kanouse
answered on Apr 29, 2025

When I checked on Sunbiz.org I only found one company with the name Remarkably Green, LLC. Are you the owner, Omar R. Johnson? I did a check with the U.S. Patent and Trademark Office and found the trademark "REMARKABLY GREEN ECO-PRODUCTS FOR A BETTER TOMORROW EST. 2024" that has been... View More

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4 Answers | Asked in Gov & Administrative Law and Business Law for Florida on
Q: How can I access HOA financial records denied by manager in FL?

I've been attempting to obtain copies of the financial records from my HOA property manager in Florida. I made a verbal request a week ago, but she refused, claiming that since she created the document, it belongs to her. This has been an ongoing issue for the past two years, as the property... View More

Michael  Mayoral
Michael Mayoral
answered on Apr 25, 2025

In Florida, both condominium and homeowners’ associations are required to provide access to financial records—even if they were created by the property manager.

For HOAs, Fla. Stat. § 720.303(4)(l) requires associations to maintain:

“All other written records of the...
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4 Answers | Asked in Gov & Administrative Law and Business Law for Florida on
Q: How can I access HOA financial records denied by manager in FL?

I've been attempting to obtain copies of the financial records from my HOA property manager in Florida. I made a verbal request a week ago, but she refused, claiming that since she created the document, it belongs to her. This has been an ongoing issue for the past two years, as the property... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 25, 2025

You send a certified letter, return receipt to the registered agent of the HOA (look for that by searching on the legal name of the HOA in www.sunbiz.org) and state you are requesting to inspect the official records of the association pursuant to Fla. Stat. 720.303(5),state they have ten business... View More

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2 Answers | Asked in Intellectual Property, Business Formation and Business Law for Florida on
Q: Can I name my nonprofit 'Nabby' despite existing for-profit businesses with similar names?

I'm planning to name my nonprofit organization that helps individuals with special needs enter the tech workforce as 'Nabby.' However, I know of two businesses, Nabby and Nabby's, that are in the food industry and are for-profit. These businesses are not located close to where... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 25, 2025

No, the name will be deemed too similar and will be rejected when you submit the application paperwork. You can go to the Florida Department of State website and try, and this likely will be timely confirmed with notification that you have to pick another name.

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3 Answers | Asked in Business Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: How to challenge a bad faith HOA petition in Florida?

I am concerned about a petition that was submitted to remove the president and vice president from our HOA board. We have reasons to believe the signatures were gathered in bad faith, as allegations were made that board members were making false promises, including one year of free HOA payments, to... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 24, 2025

Homeowners have a statutory right to recall board members and do not have to provide a reason. If people vote to remove these members without verifying the facts than that is their choice. If they used the proper forms and obtain 51% of the votes of the lots with signatures from actual owners... View More

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2 Answers | Asked in Family Law and Business Law for Florida on
Q: Is a Florida marriage license valid if not notarized and not recorded?

I obtained a Florida marriage license at the Clerk's Office on 09/21/22, which both my partner and I signed. We had a symbolic wedding abroad, but the marriage license was not notarized or signed by the wedding officiant and was never sent back to the court to be recorded. We have a joint... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 15, 2025

Obtaining a license by itself does not mean that you are married. Florida, like most states, does not recognize common law marriage so how you have lived and the joint bank account are not important. You could do an online search of the clerk who issued the marriage license to see if there is a... View More

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2 Answers | Asked in Business Law, Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Can I recover money or property value from a verbal agreement with my ex-girlfriend for a house I rebuilt in Key West over 6 years?

Do I have any recourse to recover a portion of the property value or monies spent after a split with my girlfriend of seven years? We had a verbal agreement when acquiring a house in Key West seven years ago. She paid for the house in cash ($580k), and I was responsible for rebuilding it. I... View More

James Clifton
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James Clifton
answered on Apr 14, 2025

Yes, you can claim unjust enrichment, constructive trust, resulting trust, promissory estoppel, and partnership, among others. If you have emails or text messages, those constitute a written agreement that can be the basis of a claim in contract as well. We have had success litigating this issue... View More

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2 Answers | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Should I form an MMLLC or MMLLC taxed as S corp to stay limited partner?

I am a successful owner of an Amazon automation store and would like to transition to a limited partner role while someone else manages the store. I am considering forming an MMLLC and either having a manager as a partner or setting up the MMLLC to be taxed as an S corporation and hiring a manager.... View More

Keith Kanouse
Keith Kanouse
answered on Apr 12, 2025

Forming an LLC and then electing Subchapter S status offers advantages over forming a corporation and then electing S status, particularly in terms of flexibility, ease of formation, and potentially lower overall administrative costs. While both structures provide similar tax benefits (pass-through... View More

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2 Answers | Asked in Trademark, Business Law and Intellectual Property for Florida on
Q: Trademark concern between DiTu Best Sandwiches and D'TU Pizza in same area.

I'm concerned about possible trademark infringement or brand confusion between my business, "DiTu Best Sandwiches," and another business named "D'TU Pizza." We are both operating in the same geographic area. Have there been any actions taken by the other business... View More

David Aldrich
David Aldrich
answered on Mar 28, 2025

There is a federal trademark registration for D'TU PIZZA:

https://tsdr.uspto.gov/#caseNumber=97750696&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

What you should do will depend in part on the dates each of you began using the marks and...
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2 Answers | Asked in Business Law and Personal Injury for Florida on
Q: Am I liable if an unregistered association I belong to in Florida gets sued?

I am a member of a woodworking association in Florida, which is not a registered entity. There are no signed agreements for members, and I am concerned about personal liability if the association gets sued, especially in cases involving injuries from tools like saws. As just a member with no... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 25, 2025

An association that is not a registered legal entity (such as corp. or LLC) is not an entity that has the legal capacity to be sued - it's simply a group of individuals associating with each other, and therefore, there is potential liability for each and every individual that can be accused of... View More

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2 Answers | Asked in Business Formation, Business Law, International Law and Real Estate Law for Florida on
Q: Can an unregistered foreign company conduct rent-to-own leases for trailers in Florida?

I am wondering if a foreign company, which is not registered in its own state or in Florida, is allowed to engage in rent-to-own leases for equipment trailers in Florida. The company has already conducted several such transactions in Florida. Are there legal requirements or risks involved with not... View More

Keith Kanouse
Keith Kanouse
answered on Mar 23, 2025

Yes. Even though your business is out of state, you may be required to register to do business in Florida as a foreign business entity with the Florida Department of State, Division of Corporations and/or file tax in Florida. Some common examples of activities that create a business connection... View More

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3 Answers | Asked in Business Law, Contracts and Civil Litigation for Florida on
Q: Can I claim damages for a former employee selling for competitor while employed?

I had a Project Manager/Sales Rep who resigned in December. We have evidence that they accepted a position with a competitor back in August and were promoting and selling our competitor's products to our current customers while still employed by us, receiving benefits and having expenses paid... View More

Erik A. Perez
Erik A. Perez
answered on Mar 17, 2025

You may have a claim for damages under a theory of tortious business interference. To establish a claim for tortious interference with a business relationship in Florida, a plaintiff must demonstrate the existence of a business relationship, the defendant's knowledge of that relationship,... View More

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2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Business Law for Florida on
Q: Am I liable if HOA enters my condo and a dog bites them?

I own a condo in Florida, and the HOA requires a key on file for emergency access. I have two dogs, and I'm concerned about liability if the HOA enters while I'm away and is attacked or bitten by one of the dogs. The bylaws require the key, but do not specify liability for pet-related... View More

Erik A. Perez
Erik A. Perez
answered on Mar 6, 2025

Under Florida law, you may be liable if your dog bites a member of the HOA who enters your condo, provided that the person is lawfully on your property. According to § 767.04. Dog owner’s liability for damages to persons bitten., the owner of a dog is liable for damages if the dog bites any... View More

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1 Answer | Asked in Contracts, Business Law and Civil Litigation for Florida on
Q: Options to sue for breach of contract in Florida for undelivered online business results

I entered into a contract with an individual in Florida through a LLC for an online business, with the promise to deliver results—including making my investment back—in 2022 and 2023. Despite paying in excess of $10,000, these results were never met. I have consistently communicated with them... View More

Erik A. Perez
Erik A. Perez
answered on Mar 5, 2025

If the company is a Florida LLC and there is no dispute resolution clause or forum selection clause, then you may sue in Florida County Court (over $8k but under $50k in damages). I have represented clients in similar situations and the Defendant is often a "fly by night" coaching course... View More

1 Answer | Asked in Business Law, Estate Planning and Probate for Florida on
Q: Are beneficiaries entitled to joint account statements with a pour-over will?

If I had a joint bank account with my mom, who has passed away and left a pour-over will, is a beneficiary entitled to see the bank statements? The estate is not going through probate per my mom's request. There is an executor handling the estate, but the pour-over will does not have any... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 1, 2025

A point of note, a joint owner of an account usually becomes the sole owner of the account upon the other person's passing, there is no probate of that asset and the joint owner becomes the owner of the entire account and all of its monies. A beneficiary of the Will would have no rights or... View More

3 Answers | Asked in Business Law, Contracts and Real Estate Law for Florida on
Q: How to remove my name from both deed and mortgage in Florida?

I co-signed the mortgage for my friend's condo, and my name is on both the deed and the mortgage. My friend pays the mortgage and lives in the condo. He wants to remove my name from the deed, but I want to ensure I have no responsibility for the loan or property once my name is removed from... View More

Jacqueline Alicia Salcines
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Jacqueline Alicia Salcines pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2025

Removing your name from the title or Deed is easy, via a quit claim deed that an attorney can prepare for you. However, in order to remove you from the mortgage, the lender will need to approve this, and 99.9% of the time, they dont. If you are not the borrower and have no skin in the game, the... View More

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3 Answers | Asked in Business Law, Contracts and Real Estate Law for Florida on
Q: How to remove my name from both deed and mortgage in Florida?

I co-signed the mortgage for my friend's condo, and my name is on both the deed and the mortgage. My friend pays the mortgage and lives in the condo. He wants to remove my name from the deed, but I want to ensure I have no responsibility for the loan or property once my name is removed from... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 22, 2025

While the parties on the title to a property in Florida have control over whether to take or remove one of their names from the deed, those parties have no control over whether the mortgage company will release one of the borrowers on the lending agreement. The financing agreement can be modified... View More

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3 Answers | Asked in Business Law, Contracts and Real Estate Law for Florida on
Q: How to remove my name from both deed and mortgage in Florida?

I co-signed the mortgage for my friend's condo, and my name is on both the deed and the mortgage. My friend pays the mortgage and lives in the condo. He wants to remove my name from the deed, but I want to ensure I have no responsibility for the loan or property once my name is removed from... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 22, 2025

You can easily enough be removed from any deed, I would not encourage that until and unless your friend refinances and gets you off of the loan and you are paid anything you are owed, if anything. Removing yourself from the deed and not getting you removed from loan will leave you responsible with... View More

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3 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Ex refuses to sell house; can I be bought out for a dollar?

My ex and I co-own a house with a mortgage. I want to sell, but he wants to make repairs first. We received an insurance check for damages, which is held by the mortgage company. I haven’t contributed to mortgage payments since moving out nearly two years ago. He can't afford to refinance... View More

James Clifton
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James Clifton
answered on Feb 20, 2025

If he will accept your portion of the property, you can deed it to him. However, that does not end your financial obligation under the mortgage. If he does not pay it, your credit will be affected. If you want to force the sale of the property, you can through a partition lawsuit. In a partition... View More

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