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Alex Esquire
Alex Esquire, Attorney
Category: Estate Law
Satisfied Customers: 16275
Experience:  Handled many probate matters
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I need case law in Florida that proves the HOA bylaws can

Customer Question

I need case law in Florida that proves the HOA bylaws can supercede the Florida Statute.
My dilemma in brief. My brother and were settling my mother's estate. I had tried to do so for five years but he was very ill on and off. Only a condo was in question and I lived in it and have been for 6 years and paid all expenses. All other estate was Right of Survivorship to me.My brother paid two attorneys (since 2011)to settle the before but an original will was never found.I filed a summary of administration a few months before he passed away. It was under both our names and he did not answer the registered letter.It was a tragic odd death in Dec in Comstock, Texas. His secretary of 34 years buried him in West Texas and didn't tell me. I have known her since I was 22. We did file an undue influence as she was left the estate as far as we can tell. There is evidence he was redoing his estate.THE QUESTION:
My brother's secretary claims that now she can file to take half my home. My HOA bylaws say the laws of descent are to me and she would have to be approved by the board which she won't. There are 10 units and all are my friends.How can I get this estate in my name. The judge wants to wait until the court in Texas decides, but it may never be decided as we are mediating and I will not say she is in control of this condo. She is not. Right now of property records it is listed under my mother's name as "estate of" with me as POA. I have our bylaws and NEED CASE LAW.My attorney in Florida says if we have case law to prove HOA overrides statute then we re-open and get this in my name
Submitted: 3 months ago.
Category: Estate Law
Expert:  Alex Esquire replied 3 months ago.


Hello. My name is***** am Florida licenses attorney.
I will be happy to answer your question.
Please note that any information is provided for educational purposes only!

Unfortunately, in Florida, just like in any other state, State law will always trump / supersede any HOA bylaws which might be conflicting with the state law and that is likely why your local Florida attorney is unable to find any case law to the contrary.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Customer: replied 3 months ago.
It is my understanding and in the statutes that it supecedes state law when it is STRICTER which my HOA is.
Customer: replied 3 months ago.
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Customer: replied 3 months ago.
This came from Richards Law Group in OrmondFor condos and HOAs, their rules will be lower in the pecking order, starting with the declaration or covenants, the articles, the bylaw and then finally the rules and regulations.
So if the bylaws or declaration state a specific assessment collection requirements, if that requirement specifically contradicts the Florida Statute, the Florida Statute will override the association’s documents. However, there is an exception to that, where if the lower law is more restrictive, then the lower law will prevail. So if a condo association’s documents state that a lien may be placed 60 days after notice, and the Florida Statute provides 30 days notice, an association’s documents will take priority over the statute since it includes the 30 days provided by the statute. The condo association is able to amend and change their documents to lower the time frame to the 30 days provided in the Florida Statutes, but they cannot lower it to an amount lower than the statutes, such as 15 days.
Expert:  Alex Esquire replied 3 months ago.

Thank you for your follow up.

Unfortunately, I am afraid, that you might be misreading the law and also the information you might have obtained from another source, which is not applicable under the facts, similar to the ones you have described in your post, because the 30 day notice is a statutory requirement under the law for a valid lien filing, and such requirement cannot be changed, modified or extended by HOA, since it contradicts with the Florida Statute.

I wish you the best of luck.

Customer: replied 3 months ago.
This pertains to an estate case. My condo HLA says that by the law just sent as my mother's daughter at the time of her death and I was living here in renting this place with her while she was in assisted-living that by the bylaws no one else can try to take lane to this without approval of the Hoa. It also states if someone tries to take transference of anyone of us could buy her out or him out.
Expert:  Alex Esquire replied 3 months ago.

Thank you for your follow up.

My answer stands the same, as to your original question.

Expert:  Alex Esquire replied 3 months ago.