Barbara Billiot Stage

The Florida Bar  # 0042467

Member

Current

Q. Animal control took my horses during foreclosure without abuse allegations. How do I retrieve them and hold people accountable?

May 12, 2025

A: I'm sorry you had that experience and I understand how difficult it is to relocate horses on short notice.

Technically, the horses were not stolen and were likely considered abandoned just like any other personal property left on the premises. The sheriff has to post a 24-hour notice for a writ of possession, giving you 24 hours to vacate. You would need to prove ownership of the horses with medical records, microchip records, photographs, a bill of sale, etc. and then pay the impound fees.

Holding someone else responsible will be difficult unless you can somehow prove the sheriff's office didn't post the notice. They usually have this documented with photographs or body cam video. I don't see Animal Services being held liable because they were just doing their job. Once you are removed from the property you are not allowed to go back on the property to remove items. ... Read More

Q. How should I handle a tenant's request for refund of security deposit after breakup and not moving in?

May 6, 2025

A: You have to have the landlord consult with a lawyer to figure it out. You cannot provide legal advice to the landlord and you should not be making legal decisions for the landlord.

Q. Does a board meeting qualify as "the next regular or special meeting of the association" under FL Statute 720.309(2)(a)?

April 25, 2025

A: The statute provides any member at the next regular meeting or a special meeting may make a motion, it requires someone to second it and a majority of the membership present at the meeting would need to vote to cancel the contract. Not a majority of the membership, just those present at the meeting. It would not make sense for it to be the next members' meeting because 1) it's hard to obtain quorum and 2) the provider would not be let the association out of a contract after they install all their equipment and it's been there for several months. If I represented this association I would tell them to schedule a special meeting if the board is not having monthly meetings.

*** Disclaimer --- if you are a board member you need to ask your association attorney and not rely on advice from strangers on the internet even if they are lawyers *** There is a fiduciary duty to consult with the association attorney. ... Read More

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