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S. David Cooper

S. Cooper’s Answers

548 total


  • Condo Docs require 50% of Unit Owners to amend; our attorney is stating 50% of members in attendance can amend. Who is right?

    Condo docs state to amend the Condo docs must have "Unit Owners owning in excess of fifty percent (50%) of the Voting Interests represented at any meeting at which a quorum has been attained and by not less than sixty-six and two-thirds percent of...

    S.’s Answer

    Assuming the quoted language is the only language in your governing documents regarding how to amend, I agree with the attorney. Looking at the structure of the sentence, there are 2 requirements. 1) In excess of 50% of the voting interests represented at a meeting. A meeting can only be held if there is a quorum. Thus, in excess of 50% of those voting interests at the meeting. 2) In addition to the 50% plus 1 vote of the members in attendance, 2/3 of the board of directors must agree to the amendment.

    If the the requirement were for more than more 50% of the entire membership, the sentence would not have included "represented at any meeting at which a quorum has been attained".

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  • If a landlord moved your things out of the condo without notice and you had a lease is that considered an illegal eviction?

    My landlord and I got into a discrepancy over paying guys to renovate the condo. He got upset and asked the guys who were doing the floors to move my things and I was forced to pay for a storage unit as they had loaded all of my things onto their ...

    S.’s Answer

    There has to be more to this than what you have stated. Why on EARTH would you pay to install flooring and paint somebody else's property when you say it was fine the way it was before?? You are a Tenant. You have NO ownership rights whatsoever. The value of improvements to the property will benefit the Landlord, not you. That said, IF you had a valid lease, then the Landlord cannot just kick you out. Without a review of your lease to determine its validity, and certain answer on your specifice situation can be given, but it sounds like you might have a case. You should call an attorney to discuss a possible law suit against the Landlord. Save all your receipts from the amounts you have paid. Prevailing party will be entitled to have the losing side pay for the attorneys' fees.

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  • My wife and I are Canadian citizens. We own a condo in Fla.Now in the middle of divorce. is a quit claim enough to tranfer condo

    No liens on the condo, should it be notarized for it to be legit!!

    S.’s Answer

    A quit claim will transfer the property...but it is a horrible choice. Some people mistakenly call it a "quick claim" because of the belief that a quit claim is somehow quicker, easier, and cheaper than a regular deed (called a "warranty deed"). It is not. It costs exactly the same to prepare. It costs exactly the same to record. A quit claim deed may actually cost you thousands of dollars because it might invalidate the title insurance on the property. Use a warranty deed. The requirements for signatures are exactly the same as a quit claim deed. You need two witnesses and a notary. The notary can be a witness, but if so, the notary must sign the deed twice: once as a notary and once as a witness. It then needs to be recorded in the county's official records. If you do not feel comfortable completing everything yourself properly, I advise seeking an experienced attorney to help you complete the deed and to ensure it is properly recorded.

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  • Assignment Of Rental Lease Agreement To Newly Formed LLC

    I have an investment residential property that I have been renting out for the past year. I'm in the process of forming an LLC and transfer the property to it. My question is: how do I "assign" the existing lease agreement (that I have in place ...

    S.’s Answer

    There are a few ways you can do this. This may sound like a smart aleck answer, but one way ... wait for it ... is with an "assignment". Yes, that is exactly what it is called. You need to make sure the lease is assignable, however, and you should get the tenant to sign a non-disturbance agreement (although that is not necessarily required). Being a residential property, it would probably be just as easy to do an addendum to the lease changing the name of the landlord, signed by you, the individual, you as the LLC, and the tenant. If you do not feel comfortable doing this yourself, seek an experienced attorney to draft the addendum. It might be worth the couple hundred bucks to have it drafted by an attorney to make sure you don't lose thousands down the road on an unenforceable lease.

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  • I am a Realtor who worked for a brokerage and signed a ICA 5 years ago. Within that time my brokerage was hired by a builder &

    I worked in their sales team as well & signed a separate commission agreement. I left this team months ago because of unfair practices & didn't want to ruin my RE career being associated with them but continued to work at this Office until recent...

    S.’s Answer

    It is unclear what you are calling the "separate agreement". Are you meaning to say a "separation agreement"? Are you saying that at some time after signing the ICA you then signed a different agreement? In any event, if you signed new agreement after the ICA and in the new agreement you said that you would forfeit any commission earned, then it is likely that you have waived your right to receive the commission. A full review of both contracts would be necessary for a 100% reliable answer, but in general, the later-signed contract will trump a conflict in a previously-signed contract.

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  • Eviction Cancel

    My landlord filled a Removal Tenant because he said I didn't pay the rent. I dropped the check in his mailbox , but he never check the mailbox, now he found the check and he want to cancel the Removal of Tenant because it was his fall. What is it ...

    S.’s Answer

    Unfortunately, I do not believe there is any way to remove the public record. Once it is filed, it is filed. However, your landlord will Voluntarily Dismiss the eviction law suit, and the public record will also show that. If you think the filing will be an issue with an employer or a future landlord, I advise telling them what happened in advance, so they know the story if they see the eviction in a public records search.

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  • Parking not mentioned in lease

    I have lived at my apartment complex for a year now and there has always been parking. I was given a parking pass to this effect. However, some nights there is no parking available and I have to park in front of the dumpster or on the grass - this...

    S.’s Answer

    No. If you want to have guaranteed parking, you need to have it put into the lease. A "renewal" of a lease is really a misnomer. You are signing a new lease, which may or may not be under the same terms as the previous lease.

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  • I rent an efficiency in Miami, my landlord is evicting me because she doesn't like my bf. is that legal?

    I been living there for a year and 3months. Never once was I late with rent. No damage to the property. My boyfriend looks different so neighbors have been complaining of everything, (he had no shirt on at 7am, he was parked at the corner with mus...

    S.’s Answer

    Unfortunately, it is not possible to answer your questions from the facts you have given. In any landlord / tenant situation, the relationship is governed by both the statutes (Ch. 83) and the lease. Without knowing the details of your lease, we cannot say for sure whether she is acting legally or illegally. Generally, if you are on a month-to-month lease, she must give you notice of terminating the lease at least 15 days before the end of the rental period. So...if you pay rent on the first of the month each month, she has to tell you by the middle of the month that you have to be out at the end of the month. Your term of lease is for the whole month. If you move out early, that is your choice. You do not get a refund. Regarding your BF, if he is not on the lease, and if your lease restricts how many times a guest may visit, she might be able to consider his visits a default of the lease and terminate the lease. However, it is not likely that she can deduct money each time he is on the property. There is no statute that allows that, and I have never seen it in a lease. If you feel that your rights are being violated, contact an experienced landlord / tenant attorney. Advice for ever tenant leaving the property is as follows. Do the walk-through with the landlord after you have moved your items out and cleaned the property. Take photos and video of the walk-through, especially of anything that the landlord points out as being damaged. Make sure she has your new address. If she is going to make a claim on your security, she has to send you a notice to your new address. If she fails to do so, she cannot withhold any amount from your security deposit -- she must return it all.

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  • How long in the State of Florida do you have to hold personal items a person left in your house when they moved out voluntarily?

    A friend of mine spent last Sunday night somewhere else, came in Monday grabbed some clothes from the room she was renting. Sent me a text on Friday stating she was moving out and would be by that day to remove her clothes. She also stated via tex...

    S.’s Answer

    There is obviously much more going on here than you have disclosed, as normal people do not move out suddenly and then block all contact for no reason. In less than a week, you have already had her bed removed and packed up her belongings. That is just asking for trouble. You need to review the statutes regarding personal property left at a dwelling (Ch. 715). If you need assistance, contact an experienced real estate attorney immediately.

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  • My daughter is visiting me for her summer college break 1-2 mos and my CAM says I have pay $50 for her to park her car.

    The car rule as written verbatim: "Only one vehicle per unit is allowed to park on Condominium property. If a person has more than 1 vehicle than he or she may apply to the board to lease an extra parking spot for $50 per month. Failure to timely ...

    S.’s Answer

    It is impossible to give a definitive answer without a full review of all the governing documents to see if any other provisions conflict with or shed light on this provision. The restriction is quite clear, however, "only one vehicle per unit." There may be a guest parking area, but "guests" do not stay for 2 months. I would side with the Assn on this one. In any event, in addition to towing the vehicle, it is possible that the Assn can fine you $100/day up to $1000 per occurrence (or more if the Gov Docs allow) and suspend your rights to use the amenities for failing to comply. You would be forced to fight them in Court just for the POSSIBILITY of being right. It will likely cost much much more in dollars and inconvenience to have to fight it. My advice is to pay the $50 or arrange for your daughter to park somewhere off the condominium property.

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