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Florida Land Use & Zoning Questions & Answers
2 Answers | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: Does a tenant/renter have the same rights as an owner in an HOA to confront trespassers on property they are renting?

Our HOA is trying to tell renters they do

NOT have that right but must contact the owner to complain first. Doesn’t seem right to me that a renter cannot tell someone to get off their property that they are paying rent on.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 26, 2018

It's hard to figure what grounds the HOA may have for taking this position. Call the police, report the trespass, and let them figure it out.

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3 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: I purchased a lot next to mine to place a carport. The county made me join the parcels. The land has not improvements,

No electric no water etc. once joined do I have to pay amities on. A property that will not have anyone using amities?

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Apr 6, 2018

Not sure what you mean amenities. You are already paying the taxes and or HOA via ownership. If there are no electric or water I dont see why you would need to add it. Especially if you join the parcels your current parcel already has water and electric anyway. The county likely did so as you... View More

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2 Answers | Asked in Land Use & Zoning, Probate and Real Estate Law for Florida on
Q: Neighbor died and house sat empty 2 years. Storm hits and tree falls on house. House is now in probate. How to buy?

House is unsalvigable, asbestos siding, 100 years old, etc. The sister of the deceased tells me it's in probate. There is 19k owed in medical bills and property taxes from what I can gather.

Essentially,

The land is worth 20-30k.

There's 20k in med bills owed.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 19, 2018

Probate is a court proceeding by which someone applies to court to be appointed "personal representative" (also known in some places as "executor") of the estate of the decedent (your late neighbor, for example). The PR's job is to dispose of the assets (such as the house)... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: I have lived with my mother & took care of her & her property for 8 yrs in exchange for a room. She died 1/26 at age 92

My sister now has the deed & is trying to force me out without an order of Ejectment. I have 2 PT jobs & no savings. Is she required to file an Ejectment? Can she sell the property before I can move & force me out to a shelter? Can she force me out w/o Ejectment orders? A Sr. paralegal... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 14, 2018

Sorry for your situation. (I cannot personally help you as I am located in NW Florida). I suggest that you might see if there is any type of legal aid service in the Miami area that can help you pro bono. Normally there will have to be a legal process that she must go through which will give you... View More

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Is getting an Allodial title legal in Florida (Broward and Miami-Dade counties) ? what are the requirements?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 6, 2018

No, one cannot acquire so-called "allodial title" in Florida.

For more information on allodial title, see: https://en.wikipedia.org/wiki/Talk:Allodial_title

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3 Answers | Asked in Contracts, Land Use & Zoning and Real Estate Law for Florida on
Q: Can a company sell land for 40k if it’s only worth 3k?

My parents bought 2 lots in 2005 under a contract paying $800/month ($400/lot). The contract states the payments are due until 2020 (15yr loan). The lots are only worth $3k! Is this legal? My dad lost his job and wanted me to take over payments and that is how I found out about the deal.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 3, 2018

Land is worth what a willing buyer will agree to pay to a willing seller. Your parents were, apparently, willing buyers. So yes, the contract is legal.

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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: I live in a gated community. We have garaged and non-garaged units. I live in a non garaged unit. The garaged units

asked our hoa and property managed to take away the non garaged units marked spaces in front of our homes. I went to the planning board and they showed me the original plans filed that clearly shows we get 2 spaces. The management still wants to erase our numbers but that leaves us vulnerable to... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 20, 2018

You need to hire an attorney from your area to step in and provide a legal position letter to the board. Then if the board persists in pursuing the action have the attorney file suit for an injunction.

Good luck.

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1 Answer | Asked in Real Estate Law, Land Use & Zoning, Landlord - Tenant and Probate for Florida on
Q: Owner of property passed away, person living in deceased home without ever paying rent, deceased lives in another state

the city the property is located in sent a registered letter regarding structure built on property without a permit and for blight, can administrator of estate have person remove blight and move out while estate is settled?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 15, 2018

Yes. The adminstrator of a Florida estate can remedy the condition of the property and evict the tenant if the tenant is not in compliance with the lease or has no lease.

2 Answers | Asked in Contracts, Land Use & Zoning, Real Estate Law and Landlord - Tenant for Florida on
Q: married couple. Month to month lease, and the wife put a restraining order on the husband. Can I evict the wife.

Also now has extra people living there. What are my rights

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 11, 2018

What role do you have in all of this?

If you are the landlord, you can evict her if she is in breach of the lease and doesn't cure the breach.

If you are the husband, no, probably not.

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1 Answer | Asked in Antitrust, Land Use & Zoning, Business Law and Consumer Law for Florida on
Q: Can a sign shop owner who has classes have T&C that keep participants from opening up a sign shop in a 200 mile radius?

The sign shop owner is a of a do-it-yourself sign studio. Nothing proprietary or really unique was "taught" in the class. We applied stain to wood with a brush, then dabbed paint on to make lettering, just like what it seen in literally hundreds of videos online. Their terms and... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 1, 2018

Short answer, I don't think so, but it doesn't mean that the sign shop owner cannot try. Typically agreements like you describe are apart of an employment agreement and are referred to as a non compete agreement.

I suggest that a consult with an attorney in your area may be...
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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Duke Energy has a utility easement on my property. I have a shed that is on the easement. Duke wants to tear it down.

The shed existed prior to my purchase of the house. Duke Energy says it has to come down because they are doing construction on the power line that the easement is for, but they will compensate. I would prefer to keep the shed since I have a lot of stuff stored there that will not fit in my home.... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Jan 9, 2018

You will need to review your closing documents with an attorney to determine your best course of action, but if your shed is on Duke Energy's easement, you will probably need to move or remove it.

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2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Florida on
Q: What are the steps do I take to claim land next door to me that's undeveloped,someone owns it. And I been squatting 5yrs

Also i have cleared the land of all the brush and trees from coming onto my property

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 4, 2018

Florida Statutes 95.16 and 95.18 contain the 7-year "adverse possession" statute of limitations. The former statute is for those who have "color of title" (a writing which they believe gives them a right to possession), and the other one is for those without color of title. But... View More

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1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Florida on
Q: Who owns Architecturals? Previously planned for 3bldgs (12 apt each) - he only built 1 bldg. Sold remaining land to me

Previous owner/developer & I are on good terms. He built bldg 1 around 2005. I purchased the remaining land last month and want to build the other 2 bldgs as they are designed.

Problem is the Engineer who designed/engineered all 3 bldgs is now basically retired. I reached out to him... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 14, 2017

So you are asking if the original engineer, or the original owner, has some sort of copyright protection. Probably not, but I would consult with a new architect and get that person's opinion. You might also send the original owner and engineer letters declaring your intent to use the design... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Real Estate Law and Landlord - Tenant for Florida on
Q: I took over a lease with the condo owner permission and after a year the condo association refuses to approve me a

I took over a lease at 1045 Euclid ave Miami Beach with the condo owner approval. After almost a year the condo association president won’t even look at my application or has even done any history Check. I dropped off the application again to repeal, onky to find the application return to me on... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 14, 2017

It's hard to say based upon a web post. The covenants and restrictions of the condo complex will contain provisions regarding rental of units. You will want to schedule a consultation with an attorney to review those restrictions and see what remedies are available to you. Best of Luck! Jennifer

1 Answer | Asked in Land Use & Zoning for Florida on
Q: is an ancillary building with a mother-law suit set to the same zoning standards as residential

And what is the difference between ancillary building and multi family?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 6, 2017

You would have to check the local zoning ordinance. But, in general, an ancillary building such as a mother-in-law suite would support the principal use of the property (whether that use is single-family or multiple-family).

Say, for example, the property is zoned single-family. A...
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1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Florida on
Q: If I am given a 3 day notice from landlord at the same time the governor declared a state of emergency is it still valid
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 15, 2017

Yes. The landlord has complied with the requirement that the tenant be served with a 3-day notice. This notice period is not extended by the state of emergency.

1 Answer | Asked in Real Estate Law, Civil Rights, Federal Crimes and Land Use & Zoning for Florida on
Q: When My Great Grandmother died 1942 My Grandmother never received her Inheritance. Orange County, FL. How can we claim ?

Section 8 Township 24 Range 27 Orange County FL. Reedy Creek Improvement District is listed as Owner. But Property Appraiser Singh says Property belongs to him and he is no relation. He has been selling My Families Inheritance and the Government including Clinton have stolen resources and traded... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Nov 13, 2017

There is absolutely no way to answer a question like this via this online forum. Many many issues and the amount of time that has passed likely make this case not viable. But if you want to pursue you need to get offline and get into a real estate attorney’s office in Orange County and hire the... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Florida on
Q: Can a FL Municpal Taxing District be co-owned by a private group? Issue is spending public funds on private property?
Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 30, 2017

No way to say without a lot of details and research. If you want a specific answer you should hire a lawyer in your area to research the tax district and Florida law to see if the way things are being done are legal or not.

1 Answer | Asked in Contracts, Land Use & Zoning, Real Estate Law and Landlord - Tenant for Florida on
Q: IF IT INDICATES IN MY LEASE THAT THE LAND LORD WILL MAINTAIN THE AIR CONDITIONING. DOES THAT MEAN THAT HE WILL FIX IT.

MY AIR CONDITIONING HAS NOT BEEN WORKING PROPERLY FOR TWO YEARS AND I HAVE BEEN ASKING THE LAND LORD TO REPAIR IT BUT HE DOES NOT. WHAT CAN I DO?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Sep 22, 2017

Best answer, since I do not have a copy of the lease to review is maybe.

Based upon the 2 years of asking and likely new or compounded issues from hurricane Irma you are probably at the point to want to seek legal action. If so then you need to consult with a tenant attorney in your area...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: My neighbor wants to build a 2nd inward facing fence(behind chainlink) on her property. Does this affect mne in any way?

My neighbor is asking me to sign a waiver so she can build a 2nd privacy wood fence facing inward on her property directly behind the joint chain link fence. Any advice on home value or anything I can't think of would be greatly appreciated!

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 24, 2017

No way to give a opinion or value change via this online forum.

Some communities and counties require that the smooth side of a fence face the niehhbor.

You may want to check to see if your area has fence codes.

Also I've see no reason for you to sign anything if the...
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