HOA is violating fiduciary duties by not amending governing docs to include capital contribution fee and are charging buyers.
Barbara's answer
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Answered on June 16, 2025
It is illegal in Florida to charge transfer fees unless the Declaration includes a transfer fee (capital contribution). The buyers could demand a...
Is there any legal way to secede from a HOA in the Villages Florida?
Barbara's answer
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Answered on June 12, 2025
I concur. Your property rights are subject to the restrictive covenants, which are recorded in the public records and "run with the land," i.e.,...
Neighbor hired a company to completely cut down a pine tree on my property (leaning onto hers) w/o my permission. Can I sue?
Barbara's answer
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Answered on June 12, 2025
Unless your tree was used for commercial purposes the court would award you minimal damages of $1.00 for the tree.
What do I do about this? Is it legal?
Barbara's answer
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Answered on June 12, 2025
Not anything that I can think of because Florida has a leash law that applies to cats as well as dogs. There are fines for letting domestic...
My daughter and I co-own a home. She pays the mortgage. I want to obtain a home equity loan in my name only.
Barbara's answer
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Answered on June 11, 2025
Generally, the lender will want to include it because the co-owner could at any time stop paying the mortgage and you would need to pay it to avoid...
Carport access blocked by neighbors fence section
Barbara's answer
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Answered on June 11, 2025
You don't mention the type of easement. For instance, if it's a drainage easement or a utility easement, you have no right to access the adjoining...
When our Florida HOA president resigned, the Vice President automatically became President. Does Florida Statute 7213(b) apply?
Barbara's answer
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Answered on June 11, 2025
There is no Florida Statute 7213(b). Community associations are governed by Chapter 718 (condominiums), 719 (cooperatives), 720 (homeowner...
Florida HOA Kaufman language
Barbara's answer
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Answered on June 11, 2025
Chapter 720 existed as Chapter 617.301-617.312 until it was renumbered Chapter 720 on July 1. 2000. Even then it was bare bones law. Generally,...
A Building on Sand Key was having concrete work and a man on a machine hit a pillar. What can the residents do for protection?
Barbara's answer
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Answered on June 08, 2025
In my experience, the vendor will not fix the issue, the association will need to hire a vendor to fix the issue and sue the original vendor for...
Can someone take over the title of land in Florida if they pay land taxes for another person for 10 years? How to prevent it?
Barbara's answer
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Answered on June 08, 2025
Person A need to discuss all of these facts with a lawyer and you cannot advise them other than to consult with a lawyer.
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