Archived
We have a resident that has filed bankruptcy and his home is in terrible condition. He no longer lives in the house . We live
Barbara's answer
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Answered on January 29, 2013
Hopefully the board has consulted with an attorney before coming to this decision. The resolution will depend on if the owner has filed Chapter 7...
Archived
Is a developer responsible for sharing costs in an unfinished devlopment?
Barbara's answer
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Answered on January 29, 2013
In addition to Mr. Deason's advice, you will also need to inquire about a bond and if a claim can be made against the developer's bond. The new...
Archived
Why does a material alteration to an appurtenance to a condominium unit require an amendment to the declaration?
Barbara's answer
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Answered on January 29, 2013
Condominiums are identified by the courts as "Creatures of Statute," meaning they are created, operated and managed according to statute. They...
Archived
Owners out of State and friend filed eviction. Hearing is tomorrow, can friend attend eviction hearing?
Barbara's answer
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Answered on January 29, 2013
You cannot represent someone else in court -- that is the unlicensed practice of law and a criminal offense. Your friend needs to hire an attorney.
Archived
Locked out of a home I was repairing, and being refused reasonable access to a fortune in art/author related materials .
Barbara's answer
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Answered on January 29, 2013
Self-help evictions are illegal in Florida, so I'm not sure why the police would not accompany you to retrieve your property. You might want to...
Archived
IN fLORIDA CAN A CONDO ASSOC OR A HOA REQUIRE A BUYER TO FURNISH FINANCIAL INFORMATION PRIOR TO APPROVAL?
Barbara's answer
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Answered on January 29, 2013
It depends. If they have a rule this is required and it is a reasonably related to their business objective, then yes. Most of these rules are...
Archived
What happens when an HOA is found guilty of breaking a covenant?
Barbara's answer
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Answered on January 29, 2013
If there is a court order acknowledging the covenant has been broken, the covenant has been waived. However, the HOA can reimpose the covenant by...
Archived
A few days ago I got approved for a loan mod. I owe HOA past due fees. How can I negotiate a payment plan with HOA for the past
Barbara's answer
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Answered on January 29, 2013
If the HOA has turned the account over to their attorney, do not contact the HOA directly. They will make a deal that will not be honored, you...
Archived
When an HOA forecloses, do they have to follow the "Tenants At Foreclosure Act of 2009"?
Barbara's answer
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Answered on January 26, 2013
Yes, they do if they purchase title at the auction. They have to honor the lease to its expiration, or if a buyer intends to use it for their...
Archived
Can I withhold rent from landlord since he has not paid association fees which has caused gate card to be deactivated since oct
Barbara's answer
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Answered on January 25, 2013
Ask the association to give you and the landlord a demand for rent so that you are required to pay the rent to the association. Once the fees are...
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