Archived
Is a condominium lien foreclosure require verification under Fla.R.Civ.P. 1.110(b)?
Barbara's answer
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Answered on December 24, 2012
Fla Stat. 718.116(6)(a) states "The association may bring an action in its name to foreclose a lien for assessments in the manner a mortgage of...
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Archived
Condominium board member conflict with condo association if sued - is co-representation possible?
Barbara's answer
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Answered on December 23, 2012
Yes, they can until it is determined a conflict of interest exists. This requires a motion and hearing Sotheby's judge can rule or if the law firm...
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Archived
Am I personally responsible for HOA dues post BK7 discharge with forclosure? By reading declarations I belive I am exempt.
Barbara's answer
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Answered on December 23, 2012
While an assessment lien is extinguished in a foreclosure by the first mortgagee, the debt runs with the land and is still due and payable. Any...
Archived
What is the difference between commerical residents and residential?
Barbara's answer
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Answered on December 23, 2012
If you don't pay rent or leave by the date ordered, you will be a holdover tenant and liable to the landlord for double rent. It doesn't matter if...
Archived
My HOA is inactive and has been administratively dissolved since 2006 as I can see at www.sunbiz.org.
Barbara's answer
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Answered on December 23, 2012
Even though the HOA has not been active, the deed restrictions are still in effect and can be enforced by your neighbors. If you build a smaller...
Archived
Is it legal in FL for the Board of Directors of a master association to campaign through sub-associations for certain candidates
Barbara's answer
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Answered on December 21, 2012
Florida Administrative Code 61B-23.0021(8) prohibits associations from including endorsements with the notices mailed to unit owners regarding the...
Archived
Is a board member allowed to purchase a condo owned by the association? The association won the bid on a foreclosed condo.
Barbara's answer
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Answered on December 20, 2012
It is not recommended directors do business with associations, but there is nothing illegal if the board member is paying a fair market rate and...
Archived
If I tell the HOA that the 2 girls living with me are family, NOT renters, will they require some kind of proof?
Barbara's answer
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Answered on December 20, 2012
You should read your Declaration of Covenants to make sure subleasing or rentals are prohibited. Rental restrictions are not favored in HOAs and...
Archived
My Husbands family kicked my daughter and I out about two weeks ago. I had to leave Orlando, FL to go to Louisiana where I have
Barbara's answer
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Answered on December 19, 2012
You do not actually have to go to the State of Florida to file. You can send the forms in by certified mail (to receive proof of delivery) or by...
Archived
Unit owners in co ops have one vote per unit. Why does it make sense to allow co-owners of one unit to serve on board concurrent
Barbara's answer
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Answered on December 19, 2012
It is the same for homeowner associations. Condo associations are the only ones that by statute cannot allow co-owners to serve on the board at...
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