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Recent Condominium Association questions

I am being charged legal fees for outstanding maintenance

I am being charged legal fees for outstanding maintenance fees. I was not previously aware there was an outstanding balance. I received correspondence from my management company several times but nothing was brought to my attention. They then referred the delinquency to a lawyer and I'm responsible for legal fees. I am eager to settle the maintenance debt as I was not aware that my payments did not go through, but being hit with legal fees seems like a gimmick to extort.JA: Where is the property located?Customer: North Miami beach FlJA: Has any paperwork been filed?Customer: they sent notice to my tenant to pay directly to the lawyer I don't believe a lien has been filed, i have not been notifiedJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,214 satisfied customers
What can the Board of a condominium association in Florida

What can the Board of a condominium association in Florida do to enforce regulations, other than just send a letter

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Irwin Law

Juris Doctor JD

9,314 satisfied customers
Florida association law. I live in an HOA. State law seems

Florida association law. I live in an HOA. State law seems to say the board can make contracts and do things with common areas such as improvements without owner approval. Condo law says specifically 718.113 the board must get owner approval for any "alteration" or substantial modification" That about right? So my HOA board can buy things to install as improvements or modifications. Condo boards have to get owner approval? What is a substantial modification?

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Ray

Lawyer

Doctoral Degree

39,192 satisfied customers
Florida HOA Chapter 720. If reserves are approved by the

Florida HOA Chapter 720. If reserves are approved by the owners, do they have to be fully funded each year in an HOA budget? If so, where does it say that? Cant the owners decide not to fully fund them? Condos Chapter 718 seem to say they do have to be fully funded in the budget. Do they? Where does it say that? . I don't see anything in 720 where the reserves have to be fully funded in the budget.

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Damien Bosco

Attorney

Doctoral Degree

3,748 satisfied customers
Our condo unit and two others had a sewage back up last

Our condo unit and two others had a sewage back up last November. The three units ended up paying for the $10,000 deductible. The association said roots caused the problem. The issue was not fixed. The sewage backed up again this past August or September. We have not had a renter in the condo since the end of June so nothing was contributed from our unit.Again, the problem being the same roots as before only a little larger with growth. We had to buy new carpet in addition to another payment to the association. We are now being asked to pay another $3000+ for this second episode. The association did offer to pay our insurance deductible which is $500. Hmmm... My question is: why do we have to pay when the association did not fix the initial problem the first time this happened? Why doesn't the entire complex building have to contribute since it everyone's waste? We are paying for at least 20 units who are using this sewage system. Thank you and I look forward to your response. Allyson

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Damien Bosco

Attorney

Doctoral Degree

3,748 satisfied customers
Legal question In florida if a condo association is subject

Legal questionIn florida if a condo association is subject to penalties for providing a late response for data from owner and 8 separate requests requests were made on the same day from the same owner would that be 8 penalties or just 1? What if the 8 requests were made on sequential days. Lastly if the 8 requests were made in sequential 10 day increments?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,960 satisfied customers
Does a condominium association have the right to enter an

Does a condominium association have the right to enter an owner's property without permission in a non emergency situation?JA: Where is the property located?Customer: Jacksonville, FLJA: Has any paperwork been filed?Customer: No paperwork involved. The association is demanding that they have access to my property at their discretion, without notice to perform actions of their determination.JA: Anything else you want the lawyer to know before I connect you?Customer: It is my understanding that Condominiums cannot make any rules or regulation that are in conflict with national laws, state laws, city or county laws. For example the FCC says a person has a right to satellite television, consequently no association can take that right away and must allow the owner access if it is not provided by the association.

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Brandon M.

Attorney at Law

Juris Doctorate

8,532 satisfied customers
Can Condominium associations charge a 10 percent fee for

Can Condominium associations charge a 10 percent fee for long term rentals that they have nothing to do with managing? I agree that all short term rentals should include this 10 percent fee because they are managed by the association but my long term rental was set up by a realtor. Most HOA's do not charge for these types of long term rentals in our town of New Smyrna Beach, FL. What is the legal precendent?

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P. Simmons

Attorney

Doctoral Degree

37,074 satisfied customers
Thank you. I am treasurer of a 58-home condominium

Thank you. I am treasurer of a 58-home condominium association Board. One couple have just told our Board president that they are planning to attend every Board meeting and to listen to all discussions of the Association business...and want to know all facets of the budget income and expenditures every month. The Board does have business that comes before it that is not anyone's business except the Board. I do believe the Board must be covered with the opportunity to have a portion of our Board meeting closed to Association members. The budget income and outgo can be handled with an overview and little personal detail of any ongoing information if someone is delinquent paying maintenance fees. May we have Closed Door meetings and be protected by meeting laws? Thank you.JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: Michigan.JA: Has anything been filed or reported?Customer: Association papers or FOIA requests? File or reported?JA: Anything else you want the lawyer to know before I connect you?Customer: No, thank you. The condo association is in compliance with Michigan law for the association. We just don't feel an obligation to share Board business with the general population of Association owners.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,960 satisfied customers
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