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Barbara Billiot Stage
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Practice Area
- Real Estate Law
- Condominiums, Homeowners Association, Mortgages, Neighbor Disputes, Residential Real Estate
Professional Associations
- The Florida Bar  # 0042467
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377 Questions Answered
- Q. Seeking pro bono attorney to help dissolve inactive HOA in Sanford, FL due to city repair issues.
- A: Dissolving an association doesn't terminate the restrictive covenants or solve problems with the city or county. The restrictive covenants have a provision on how to terminate them and it requires at least a majority of the lot (or lot owners potentially) and probably their mortgage companies to consent. The percentage of signatures required could be as little as 51% or as high as 100%.
There also may be issues with compliance with water management districts or other state agencies and easements would be an additional issue to deal with beforehand. As you can see, this is not something a lawyer is going to do pro bono because there is a lot of work involved. Taking it on a contingency ... Read More
- Q. Is it legal for a Florida HOA to fund a loss-making fitness program and charge extra fees for access?
- A: A lawyer couldn't possibly answer that question without reading your Declaration of Covenants, Conditions, and Restrictions, the Articles of Incorporation and the Bylaws as well as any amendments to these documents. It all depends on the authority the association has, the definitions and any relevant sections regarding assessments.
- Q. Seeking options to recover a timeshare investment from Hilton Vacations after losing it due to unpaid maintenance fees in Florida.
- A: Timeshares are just like any other community association in the State of Florida. They all have maintenance fees (also known as dues or assessments). These must be paid in order to keep the property. The timeshares and all other types of associations foreclose on these properties just like a mortgage lender forecloses, just faster. The law doesn't provide for associations to waive assessments and actually requires them to collect. The law doesn't allow the associations or courts to consider personal hardships either.
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