Questions answered by Barbara Billiot Stage

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Can a resident of an HOA do estoppels and liens for the HOA?

Barbara's answer | Answered on October 18, 2012

The preparation of liens by a non-lawyer is the unlicensed practice of law and a felony. The Florida Supreme Court issued an advisory on this...

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Is a developer automatically a member of his/her community's HOA when it is formed?

Barbara's answer | Answered on October 18, 2012

The developer is in control of the association until a certain number of units or parcels have been sold. This means the developer appoints the...

Archived

I have a privacy hedge alongside my pool, between 7 to8' high. HOA wrote me a letter stating can only be 6". Can they do this?

Barbara's answer | Answered on October 18, 2012

You have two issues -- the first being whether or not the HOA can restrict the height of your hedges. If there is a restriction that fences can be...

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When is a residential landlord allowed to collect double rent?

Barbara's answer | Answered on October 18, 2012

An important point to note is the statute, ch. 83.58, allows for double rent when the landlord seeks possession through ch. 83.59, which requires a...

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Not disclosing Flood damage in a home that we purchased? I purchased a home back in January 2011 and all of the Buyer/Seller

Barbara's answer | Answered on October 18, 2012

Probably -- state law requires this information to be disclosed. Also, did you have a home inspection prior to the purchase? If so, that company...

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My association has lost revenue due to foreclosures and they are charging paying unit owners an extra assessment. Legal?

Barbara's answer | Answered on October 18, 2012

The association has to be able to balance the budget. They do this by increases in expenses for bad debt and then adjusting the amount of...

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Can HOA be sued for failing to maintain property under their control.

Barbara's answer | Answered on October 17, 2012

Before jumping into litigation with your HOA you need to know that if the foreclosure rate is high and the HOA doesn't have the money to spend in...

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My neighbor in a townhouse moved out and left their cat there. The cat is now dead and I am getting infested with gnats.

Barbara's answer | Answered on October 16, 2012

Someone needs to take an action against the owner to acquire an injunction to force the neighbor to clean up the mess. Depending on the HOA docs,...

Archived

Florida Law foreclose on a lien. Is this retroactive prior to new law ? When did the law go into effect?

Barbara's answer | Answered on October 16, 2012

I'm not sure what new law you are referring to as associations have had the power to foreclose on liens for a very long time as long as that power...

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How can i rent aroom in my home weekly ;without having to use the courtsystem to remove someone if they do not pay rent.

Barbara's answer | Answered on October 15, 2012

You can't - Florida doesn't have self-help for evictions. You should consult with an attorney before considering renting a room.

Barbara Billiot Stage's Answers (11721)

Can a resident of an HOA do estoppels and liens for the HOA?

Is a developer automatically a member of his/her community's HOA when it is formed?

I have a privacy hedge alongside my pool, between 7 to8' high. HOA wrote me a letter stating can only be 6". Can they do this?

When is a residential landlord allowed to collect double rent?

Not disclosing Flood damage in a home that we purchased? I purchased a home back in January 2011 and all of the Buyer/Seller

My association has lost revenue due to foreclosures and they are charging paying unit owners an extra assessment. Legal?

Can HOA be sued for failing to maintain property under their control.

My neighbor in a townhouse moved out and left their cat there. The cat is now dead and I am getting infested with gnats.

Florida Law foreclose on a lien. Is this retroactive prior to new law ? When did the law go into effect?

How can i rent aroom in my home weekly ;without having to use the courtsystem to remove someone if they do not pay rent.