Archived
After receiving letter from HOA in Fl., how long do they have to correct violation before turning over to attorney?
Barbara's answer
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Answered on October 06, 2012
It depends on the wording of the restrictive covenants. The procedures for covenant enforcement are laid out in the Declarations and Bylaws. If...
Archived
Does any excess money from a special assessment have to be returned to the owners?
Barbara's answer
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Answered on October 06, 2012
A special assessment can only be used for the purpose it was designated. In a matter such as legal fees, it may take years to resolve the case, but...
Archived
Are we protected under the Fair Housing Act, If you own your condo?
Barbara's answer
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Answered on October 04, 2012
That's a tricky question because the Fair Housing Act has been used to defeat association rules that try to define what constitutes a family, such...
Archived
Is it legal to pass an expense from Mobile Home Park Owner to the Mobile Home Owner.
Barbara's answer
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Answered on October 03, 2012
The answer depends on the wording in the prospectus your mother received prior to or at the time she moved into the park. You need a lawyer well...
Archived
Are you a Contingency Lawyer, handling Real Estate cases? Only looking for Contingency please.
Barbara's answer
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Answered on October 03, 2012
This is professional malpractice and not necessarily a real estate case. Try posting in a different section. Real estate attorneys don't usually...
Can members of an HOA Board be held personally liable for unnecessary expenditures?
Barbara's answer
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Answered on October 03, 2012
Unless the board engages in self-dealing or fraud they are protected by the business judgment rule. Very few cases against board members survive a...
Archived
My HOA has sold my condo for a debtof about 6k, my mortgage is up to date..... what will happen with my mortgage?
Barbara's answer
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Answered on October 03, 2012
Matters with past due assessments should be addressed immediately because most people do not understand how quickly an association can foreclose...
How can a Mobile Home park charge land taxes every month when we never own the land, just the home.
Barbara's answer
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Answered on October 03, 2012
Under Fla. Stat . Chapter 723, the park can pass through the ad valorem taxes to each lot. Technically you are paying property taxes, but because...
Archived
Own a condo had a leak in 03 did little to fix the problem . they fix my neighbor problem but not mine. Now i have rotten moldin
Barbara's answer
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Answered on October 03, 2012
If the mold report came back okay, it will be hard to make a case. I'm not sure if you hired the mold inspector or the condo hired one. You should...
Archived
Hello, if i purchase a condo that has a medicare lien attached to it, do i need to satisfy it when i purchase property?
Barbara's answer
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Answered on October 03, 2012
I hope you obtained legal advice in time. Board members cannot give legal advice. The unlicensed practice of law is a felony.
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