HOA Towing
Dec 31, 2020OUTCOME: Court upheld towing and appellate court affirmed
Tenant sued client HOA for towing his car off his lawn. Deed restrictions are very clear granting the HOA right to tow and no liability if it does.
Barbara Billiot Stage's Legal Cases (13)
Rockledge, FL
Real estate Lawyer at Rockledge, FL
Practice Areas: Real Estate
Huge Win - Condo Dispute Over Deck
Feb 16, 2017OUTCOME: Affirmed
We represented our clients in a dispute with their condominium which has manufactured homes on lots. Our clients home has a deck, which they refurbished with composite boards after they purchased the ... unit. The COA claimed afterwards they increased the size of the deck and submitted the dispute to arbitration. After two and a half days for a final hearing, our clients won their case. The COA was disgruntled and filed for a trial de novo in circuit court. We won at the trial level on summary judgment. The COA then appealed. The Second District Court of Appeals affirmed the decision of the trial court judge. Our clients have been subjected to this nonsense for over three years -- three years of their life they will never get back because they were forced to litigate over a deck.
A Win
Aug 05, 2016OUTCOME: Summary Judgment for Client
Client sued over deck which was built in 1998
A WIN
Apr 11, 2014OUTCOME: Judgment for the Defendant Homeowner.
The latest trend is for BOA to now dump these mortgages on to Nationstar and other servicers. This is creating a problem for the banks when their representative tries to testify about what 2, 3 or 4 o ... ther servicers did prior. It's hearsay evidence. A court reporter made a big difference in this case and the bank didn't address the affirmative defenses. The plaintiff is required to factually refute them. Instead this bank tried to argue legal sufficiency and tried to claim the client's testimony was hearsay
No Deed Restrictions
Mar 24, 2014OUTCOME: Summary Judgment for my client.
HOA claimed the deed restrictions had been preserved and were valid, while the client claimed they were not preserved because of voting issues.
Foreclosure Dismissed
Nov 20, 2013OUTCOME: Case dismissed, Plaintiff to pay attorneys fees
Plaintiff bank did not mediate in good faith and failed to appear at hearing on motion for sanctions.
SCRA - HOA Foreclosure Reversed
Nov 01, 2013OUTCOME: Reversed on Appeal
HOA foreclosed on client while client was on active duty in the military. Our firm brought an appeal on behalf of the client and the trial court's decision was reversed.
Settlement on HOA Fees
Sep 30, 2013OUTCOME: Negotiated settlement
Buyer at foreclosure faced with over-inflated attorneys' fees and interest on previous owners' past due debt.
Mortgage Foreclosure Dismissed
Jan 02, 2013OUTCOME: Summary Judgment for Defendant
Plaintiff filed suit on old debt to foreclose on condo
Developer Arrested
Nov 01, 2012OUTCOME: Civil case dismissed but developer arrested
Developer refuses to relinquish control of HOA to members
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