Archived
Below are questions regarding resident compliance in a Deed Restricted community and whether it is a voluntary association.
Marshall's answer
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Answered on September 28, 2013
Unless there is something in the public records making the HOA mandatory and giving it the authority to enforce rules or charge dues, you HOA...
Archived
Can a deed be fixed by affidavits?
Marshall's answer
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Answered on September 28, 2013
To give you a complete answer, a lawyer would have to examine all of the recorded documents and ask you more questions about the circumstances of...
Archived
My HOA says we are in violation of a rule that is quote" no lot shall be used except for residential purpose"
Marshall's answer
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Answered on September 27, 2013
The answer to your question may depend on the wording of your declaration of covenants and restrictions and the way it defines residential...
Archived
What is the difference between the removal of a managing member vs the termination of a managing member?
Marshall's answer
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Answered on September 27, 2013
The answer to your question depends on the wording of your operating agreement. If the operating agreement makes a distinction between "removal"...
Archived
My wife and I signed a lease with a man who is not the actual owner of the property, we were defrauded, police says we have togo
Marshall's answer
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Answered on September 27, 2013
You are staying on property where you have no legal right to be. There are both civil and criminal remedies for trespass. While police do not...
Archived
My adult daughter has not paid her September rent for a condo she rents in Palm Beach County. How quickly can they evict her?
Marshall's answer
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Answered on September 26, 2013
Eviction for non-payment of rent is an expedited process and can usually be accomplished in less than a month. You should consult an experienced...
Archived
Questions on recouping remodel and closing costs incurred to sell a CA home in a 1031 exchange and how that affects my cost basi
Marshall's answer
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Answered on September 26, 2013
From your posting, it appears that you do not understand a 1031 exchange. The purpose of a 1031 exchange is to postpone capital gains tax on your...
Does a promissory note on real estate have to be recorded?
Marshall's answer
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Answered on September 26, 2013
I agree that a promissory note does not have to be recorded. You should be aware that even if your mortgage cannot be enforced to take your...
Can a HOA terminate my lease for a violation?
Marshall's answer
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Answered on September 25, 2013
Without reviewing the HOA rules and the correspondence they sent you, I cannot answer your question. You should consult an experienced real estate...
Archived
Can i give my % of ownership of a timeshare to the other owner without their signature? i want to let my ex have full ownership.
Marshall's answer
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Answered on September 25, 2013
For a deed to effectively transfer title to real property (including a timeshare), the properly executed deed must be delivered to the grantee and...
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