Archived
Can a HOA lien foreclose against a refinanced first mortgage if the HOA covenants and other documents do not subordinate?
Barbara's answer
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Answered on January 12, 2013
Probably not. By law first mortgages, or purchase money mortgages are superior to HOA liens. The only challenge might be if the documents said the...
Archived
Would like to organise a neighborhood group here in shady oaks mobil home park, need to know what legal steps to take so not
Barbara's answer
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Answered on January 12, 2013
The answer depends on if you own your home and rent the lot (which falls under Fla. Stat. Ch. 723) or not. I need more Pacifica and then I can...
Archived
Did the hoa fees discharged in a chap 7 banckrupty?
Barbara's answer
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Answered on January 12, 2013
Ms. Oman provided an excellent answer. Chapter 7 bankruptcy is not the best option if you want to keep the home. While any past due assessments...
A tenant keeps violating our Condo Rules and bylaws, but her landlord refuses evict because she pays rent on time.
Barbara's answer
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Answered on January 11, 2013
The association should be enforcing the rules against the tenant and the landlord. If there is no provision in the Declarations for fining for...
Archived
The board of the hoa has been harrassing about foreclosing on a lien.
Barbara's answer
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Answered on January 10, 2013
While the HOA can collect the rent if your landlord is past due in assessments, they should have provided you with written notice first. You are...
I received a letter from my HOA stating I need to replace my roof.
Barbara's answer
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Answered on January 10, 2013
I agree with the first answer and it provides excellent advice. You cannot read just one section of the Declarations and decide. You need to read...
Archived
I just got notice of foreclosure, do I loose my voting rights with the condominium association?
Barbara's answer
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Answered on January 09, 2013
They can only suspend your right to vote if you are past due on your assessments and the board has to hold a meeting and vote to suspend your...
Archived
If the seller of a home signs at the title co. that all is permitted and then its not is he responsible ? and bought as is.
Barbara's answer
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Answered on January 09, 2013
You might be able to win on a fraud in the inducement for concealing the code violations, especially if there is acknowledgment in the contract...
Archived
HOA Chapter 720.303 - Is the list of the unit delinquent a confidential document or an official record?
Barbara's answer
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Answered on January 08, 2013
It is not confidential and is an official record. They may need to redact personal contact information. Also, they can no longer deny the right...
Selected as the best answer
Archived
Received a summary final judgment of foreclosure and cannot attend the hearing can we still save our home
Barbara's answer
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Answered on January 08, 2013
Ms. Golant, as usual, gives excellent advice. If you received a Motion for Final Judgment you have time to work on defeating the Motion. If you...
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