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Michael T Ross
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Michael Ross’s Answers

34 total

  • Is there a court precedent that deals with what laws have to be followed in a dispute between the Master Assn and a Condo assn.?

    The Master Assn. sat board members on the grievance committee that suspended me permanently from the Amenities. I was not asked by the grievance committee for my side of the story. they just held a hearing and suspended me permanently. The master ...

    Michael’s Answer

    You need to review the master association declaration, and the declaration for your sub-association, to determine the duties and obligations of each association. Additionally, you need to review the master association declaration to determine what Chapter they are formed under. Lastly, it is unlikely that Chapter 617 is relevant to this issue.

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  • Can i sell house since the notice of voluntary dismissal without prejudice and discharge of lis pendens done, and in collection

    lein has been lifted and I have a buyer willing to buy house for 15% of appraisal. talked with collection company that states there is no lein on house. HOUSE is in FLORIDA.

    Michael’s Answer

    If the underlying debt remains and it's somehow secured by the property (declaration, mortgage, etc.), you may still need to pay that underlying debt to sell your property.

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  • How do I stop debt collector from harassment.

    I get from 6 to 10 phone calls per day from a 999-999-9999 number . Have ask them to stop calling my phone. They have threatened that in a few day someone knocking at my door will be the police coming to arrest me.

    Michael’s Answer

    Agreed. An attorney well-versed in the Fair Debt Collection Practices Act should be easily able to cease these harassing telephone calls. And, additionally, can potentially file suit against the creditor for violation of the FDCPA.

    Michael T. Ross, Esq.
    E-mail: michael@flc-law.com
    Phone: (786) 363-0203

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  • Looking for unbundled legal representation

    i am looking for a lawyer to offer me unbundled legal services. i would prefer a real estate lawyer. what i am seeking is document review and validation of research services.

    Michael’s Answer

    Lawyers are prohibited from soliciting employment via the question & answer section of this website. There are many lawyers who are able to assist you regarding this matter; however, I would suggest that you provide more information regarding the exact issue.

    Michael T. Ross, Esq.
    E-mail: michael@flc-law.com
    Phone: (786) 363-0203

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  • Exemption from special assessment?

    The home owners association of my community is planning a major special assessment for roof replacement. In the past 5 years, a number of the units had their roofs replaced at the cost of the owners or former owners, not the association. Most of...

    Michael’s Answer

    My recommendation. You need to have an attorney review the governing documents to determine whether the roofs are supposed to be maintained by the association. Now, assuming that the roofs are supposed to be maintained, the Board could likely grant an "exemption." As I see it, the Board had a fiduciary duty to maintain the common elements and presumably failed to do so. As a result, these unit owners were forced to repair their roofs in order to sell their home or to obtain property insurance. Now, if these unit owners are charged special assessments they would be effectively double charged resulting in damage due to the Board's breach of their fiduciary duties. In other words, the Board generally can't exempt a unit owner from the duty to pay assessments, but I think in this situation the obligation to pay assessments is wiped out by the damage caused by the Board.

    Michael T. Ross, Esq.
    www.flc-law.com

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  • How do I protect what I have already paid in special assessment if the intended project is not effectively realized?

    I live in a 513 units HOA governed complex. Currently, we have a substantial number of owners (between 15% and 20%) who are delinquent in paying their regular monthly association dues. There is a roof replacement plan in the works for all 513 uni...

    Michael’s Answer

    • Selected as best answer

    The short answer, there will not be a refund. Here's the problem. The Board has a fiduciary obligation to maintain the common areas of your property. If those delinquent owners do not pay, the Board has the obligation to assess the paying owners more fees until the repairs can be completed. In other words, you will be paying for those non-paying owners. After several rounds of special assessments, the association will finally have enough money to make the necessary repairs. This is why proper short-term and long-term financial planning is required in an association - to avoid this situation.

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  • If I'm being sued by a cookware company for not paying debt, can they take away my assets?

    Just received a call from the lawyer of Royal Prestige Cookware and they are suing because I have failed to make payment the last few months. They threatened to take away my cars, household goods, bank money, & wages. I have not received a proper...

    Michael’s Answer

    The debt collector cannot take away your goods, bank money, & wages without going through the proper process. This is likely a false threat and is a violation of the FDCPA. You should keep a detailed log of all conversations and keep any correspondence/e-mails received. You may need to consider taking legal action against this debt collector in the future. You may also want to consider consulting with an attorney who can go over the facts in more detail.

    Michael T. Ross, Esq.
    www.flc-law.com

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  • HOA Screening wants to Evict me in 30 days Bcuz of 2 Evictions in my Past, but I've ALREADY been living their 4yrs with no issue

    I needed to down size apartments and they insisted that i go to screening process even though I've lived their for 4 years with no disciplinary actions against me, and only after i paid the $150 during the screening process did they make an issue ...

    Michael’s Answer

    You have options available. I suggest that you consult with an attorney that practices association law. If the issues occurred before you moved into the place, then I would contend that the refusal to allow you to remain is unreasonable and arbitrary. If the issues occurred while you were residing at the HOA, you can still make the argument; however, it's weaker. Ironically, my experience is that this is often a moot point because associations often approve/disprove transfers when they have no right to do so. An attorney can review the governing documents and advise you as to the best course of action.

    Michael T. Ross, Esq.
    (786) 363-0203
    www.flc-law.com

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  • In the state of Florida, Can a canceled check with loan written on the front be considered as a legal loan?

    These checks were issued to and cashed by a business, without a formal loan document signed by both parties. The grantor is no longer affiliated with the business, and would like to have his monies repaid, but the business refuses to repay him. ...

    Michael’s Answer

    It would be necessary to see the checks and the language written on them, but I would say that a contract written on a canceled check would likely be binding. However, even without a written contract, you have part performance. In short, as long as you can prove a loan was made by you, you likely have a legal remedy.

    Michael T. Ross, Esq.
    michael@flc-law.com

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  • My old employer is withholding my final paycheck, and she has switched her story on why I cant retrieve it.

    I worked at a Non profit organization, I abandoned my position on August 23, 2013 and formally informed the manager via email on August 29,2013. I was expecting my last paycheck on August 30, but my direct deposit had been removed by my boss (empl...

    Michael’s Answer

    No. The manager cannot withhold your paycheck. My suggestion is to wait until 9/13 and, if no payment is forthcoming, then contact an attorney. Unfortunately, people have a habit of breaching contracts and/or violating the law. Moreover, a defamation claim in Florida is generally a fool's claim. The attorney's fees for bringing such a claim almost always exceeds the amount of recovery. My experience is that claims of defamation are often made by people who don't really understand the law of defamation and merely want to intimidate someone else. Ignore it unless she files suit.

    Michael T. Ross, Esq.
    michael@flc-law.com

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