Archived
We bid on a HOA foreclosure and won the bid ( which we now have a certificate of title ) . Do we actually own the home ?
Barbara's answer
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Answered on March 05, 2013
The lien for first mortgage is superior to the HOA lien, so the HOA foreclosure was not required to name the mortgage company since the foreclosure...
Archived
I feel that my homeowners association is harassing me
Barbara's answer
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Answered on March 05, 2013
First, your board of directors cannot impose a fine. Fla. Stat. 720.305 requires the HOA to have a 3-member committee whose members are no...
Can a Florida condo association arbitrarily change rules and reg. without notice and a vote by the resident membership?
Barbara's answer
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Answered on March 04, 2013
While the board can create REASONABLE RULES, they cannot conflict with the Declarations and Bylaws. They must also be recorded if they are more...
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Archived
Can I sue for emotional stress due to him holding part of my deposit. and only giving me 3 1/2 weeks to move.
Barbara's answer
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Answered on March 04, 2013
Negligent infliction of emotional distress requires physical injury. While intentional infliction does not, you still have to prove damages from...
Rejection of an applicant for a co-op
Barbara's answer
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Answered on March 04, 2013
I don't come across many co-op issues in my practice, so maybe one of the other community association attorneys has a better answer. I checked the...
Archived
Can a condo owner legally withhold and escrow hoa funds until the hoa does maintenance but isn't ?
Barbara's answer
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Answered on March 04, 2013
No. Failure to pay the assessments will cause late, fees, interest and attorneys fees which will result in a lien and foreclosure. There is no...
Archived
When a homeowner association forecloses on a house, how does that effect the mortgage on the home?
Barbara's answer
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Answered on March 03, 2013
The mortgage lender is not named because their lien is superior and they will foreclose once the mortgage becomes past due. The borrower is...
Archived
Can an hoa prevent me from voting if i don't pay a fee for an ro share in addition to my monthly o & m fees i pay to them ?
Barbara's answer
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Answered on March 02, 2013
It sounds like your association is voluntary, not mandatory. Or they could be misinformed. While older associations were organized under FS 617,...
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Can they keep my large deposit for fence that HOS won't allow me to install ?
Barbara's answer
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Answered on March 02, 2013
The Declarations and Bylaws of the HOA usually outline the types and styles of fences that are allowed. Sometimes they state they must be...
Archived
Can condo board vote by phone
Barbara's answer
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Answered on March 02, 2013
Yes, board members are allowed to attend meetings by phone. This means they can exercise their right vote as well.
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