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Our "subdivision", built in 2005, is a collection of 1+ acre lots cut up from a former orange grove. There are no traditional subdivision roads. Instead each group of four parcels shares a non-exclusive ingress/egress easement. Our lot is at the end of one of these easements and there... View More 
answered on Apr 23, 2022
Sure, depending on the exact terms of the easement. It appears that the "exclusive" was included to make sure that only you, or subsequent owners of your lot, could use the easement for access. But if it also includes a "wall" easement, it should be no problem for you to build... View More
answered on Apr 22, 2022
It's the city's job to remove the tree and repair your garage. Contact your insurance company.
Would this statue prevail in a lawsuit by, say, AT&T suing an HOA Board for canceling a binding 10-year Installation and Servicing Agreement (for wiring and maintaining cable communications, etc.) between AT&T and a Developer that was assigned to the HOA, say, 4 years later after the... View More
answered on Apr 19, 2022
It's very unlikely. That section of the statute only allows the contract to be cancelled by a majority vote of the membership at the next regular or special meeting of the HOA. The statute does not specify it needs to be a members meeting; just a meeting of the HOA. It would be difficult to... View More
I’ve lived in the home for 2 years after noticing it was abandoned. I’d like to try to own it. Is this possible?
answered on Apr 19, 2022
No, you will not be able to take ownership of the property simply based on the fact that you moved in. You need to find out via deed who owns the property and or through probate and then deal with them. If you are thinking about Adverse Possession type scenario the answer is still absolutely no, I... View More
to renew the home excemtion a widow who live at her just dead husband house she married him with a prenup and he left a Will leaving the house to his lgrandchildren after she die. Now she has to renew the home extension but the title is under her husband who is dead
What she should do... View More
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answered on Apr 16, 2022
Ask the county for the right form. They may request a copy of the Will.
Her power of attorney is no longer in place but she got capital gains for taxes solely in her name. Is that taxable income? He bought the house for $46,000 and sold it for $52,000. Is the six grand taxable or how can we get it in his name since she received no money?
answered on Apr 14, 2022
No, the property was not hers, so it is not her income.
Thank you for the response; I am in the process of getting a loan out of the property I own. I emailed the BOD the lender's full review HOA cert which is a questionnaire required by the lender to be filled out by the HOA. I have another property there and last year the previous BOD filled... View More
answered on Apr 11, 2022
It is unclear what you mean by "HOA cert questionnaire" or the reason for the request. You should re-post your question with more facts. If you mean you sent the association a written inquiry by certified letter, return receipt, then your option is to litigate the matter starting with... View More
Letter was sent more than 15 days ago according to tracking number. I'm supposed to respond to the landlord's letter within 15 days
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answered on Apr 7, 2022
From the date you receive it.
In 2009 the HOA obtained a court ordered judgement again a homeowner. The HOA showed it on the balance sheet ever since as an uncollected asset (in part as a reminder it would be in the estoppel when the house was sold). That is until this Feb when the "new progressive" board removed it... View More
answered on Apr 7, 2022
It was not proper to remove it from the accounting because it is still an uncollected asset. I would be curious to know why the HOA has not collected on the asset and if it has properly preserved it's right to do so by filing the judgment in the county records (not the court records) and with... View More
The Feb. Board meeting presented a balance sheet to the homeowners. It appears to have a major change from the last 20 years of balance sheets that I have seen. The Reserve account details were eliminated. In other words, if the Pool reserve had 3 subcategories they were not shown and just... View More
answered on Apr 7, 2022
The association does not need to report them in detail but they are required to track the reserves in detail according to way they were approved. You can get a copy of the reserve spreadsheet by submitting a certified letter, return receipt, asking for access to inspect the official records. The... View More
because we paid cash and our son contributed to the purchase. We did it this way because he couldn't qualify for a mortgage because he wasn't working. We have decided to sell the condo and have him move back home until he gets medical treatment for severe anxiety. If we sell and realize... View More
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answered on Apr 7, 2022
It is a question for an accountant how to allocate your income from this house.
There may be ways to allocate the entire profit to your son who may have a lower income tax burden than you.
Or not claim it as income at all within the first two years of sale because you should be... View More
Good evening, about two years ago we bought a house on a new HOA community that was still being built. When we were looking at homes, we wanted somewhere that was kid friendly and had a playground for kids. We were assured by the seller that the sales office was going to be a clubhouse with a... View More
answered on Apr 6, 2022
No. Contracts to purchase real estate must be in writing. The assurance you got, not being in writing, is not enforceable.
Two people on the pond can we use the entire pond or do we have to stay on our half of the property line
answered on Apr 6, 2022
Assuming that the pond is not "navigable waters", you would have to stay on your side unless you have permission from your neighbor.
It wasn't my blood or blood from food. It had to have been from an employee on purpose..
answered on Apr 5, 2022
A Florida attorney could advise best, but your question remains open for five weeks. One of the issues that could confront a claimant in a situation like this is the element of damages compared to the cost of litigation. But that's only a generality. For a more meaningful assessment of the... View More
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answered on Apr 4, 2022
Why? And all "express trust" means is that it is some sort of a trust that is in writing. A trust (e.g., revocable living trust) is used as part of an estate planning, and it has nothing to do with running a business. Business proceeds (profit) may become part of the trust, but a trust is... View More
The foreclosure was closed as satisfied thankfully. Do I have any recourse against the individual and or the mortgage company for the use of my address?
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answered on Apr 1, 2022
There may be a Slander Of Title Action. Contact a competent FL attorney that knows Title law and goes to Court. Act now as the SOL is running.
the history of the property has foreclosure final date of early march with auction scheduled for late june. The court docs state a bank lien is placed on the property. Is this house technically in foreclosure or preforeclosure? This is not listed as a "special sale" on MLS. Are the... View More
answered on Mar 31, 2022
No one should buy or sell real estate without a lawyer. There are so many things that could go wrong, especially with a HOA involved, it would take an explanation that is too long for this forum.
The bank has a judgment of foreclosure and the amount of the judgment is what matters.... View More
My understanding is that you have to have been living in the house for at least two years to qualify for this exemption. My question is, the two years have to be from the closing date (when I bought the home) to the selling closing date? Or from the buying closing date to when I started the process... View More
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answered on Mar 29, 2022
This is a question for your accountant.
After the house went under contract to sell my mother added my brother and I to her half of the deed because she was diagnosed with end stage 4 cancer with limited time. My brother and I signed the contract because we thought my mom may need the money for her health care. Now my mother has passed.... View More
answered on Mar 29, 2022
You first write that your "... brother and [yourself] signed the contract because ...", but then you write that "... we never signed it." Which is it? If you signed it, you are probably bound by the terms of the agreement.
My ex-wife and I still live in our house. I want to sell the house. She wants to stay but says she won’t buy the house from me at a fair price and she doesn’t want to sell. The deed is in both names but the mortgage is in my name only. The home value is a lot more than what is owed and I feel... View More
answered on Mar 28, 2022
Depending on what you divorce specifically says as it relates to the home and division of the home, there are likely options. Unless your divorce says otherwise or addresses issues, then you and your ex-wife need to reach agreement. You and your wife need to reach agreement and understanding,... View More
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