Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

I need case law in Florida that proves the HOA bylaws can

Customer Question
supercede the Florida Statute. My dilemma...
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: 1 year ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 8 minutes by:
7/14/2016
Estate Lawyer: Alex Esquire, Attorney replied 1 year ago
Alex Esquire
Alex Esquire, Attorney
Category: Estate Law
Satisfied Customers: 16,723
Experience: Handled many probate matters
Verified

e

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 JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

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

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
It is my understanding and in the statutes that it supecedes state law when it is STRICTER which my HOA is.
Customer reply replied 1 year ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 1 year 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.
Estate Lawyer: Alex Esquire, Attorney replied 1 year 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.

Ask Your Own Estate Law Question
Customer reply replied 1 year 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.
Estate Lawyer: Alex Esquire, Attorney replied 1 year ago

Thank you for your follow up.

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

Ask Your Own Estate Law Question
Ask Alex Esquire Your Own Question
Alex Esquire
Alex Esquire
Alex Esquire, Attorney
Category: Estate Law
Satisfied Customers: 16,723
16,723 Satisfied Customers
Experience: Handled many probate matters

Alex Esquire is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,414 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,061 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,015 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,839 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,451 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,162 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Estate question. I am an Executor of an Estate. The person
Estate question. I am an Executor of an Estate. The person who's Estate I am administering was in the middle of administering her husband's estate with the assistance of her lawyer, when the Executor … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I want to set up a survivorship will (FLA) so that it will
I want to set up a survivorship will (FLA) so that it will go directly to my husband and avoid probate. Can I have the survivorship will set up to go directly to my son instead for the surviving paren… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Minnesota - Special Needs Trustee and POA: How do I
Minnesota - Special Needs Trustee and POA: How do I determine reasonable compensation for managing my sister's finances? On average, I spend 5 hours per week on her finances.… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,878 satisfied customers
My daughter lives in Co. and is my POA. My son lives in
My daughter lives in Co. and is my POA. My son lives in Novato near me and is durable POA. My son is a successor to my POA. What if I can't manage my trust. My son is an accountant and more qualified.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
Make question private...Is it legal to be a poa for close
Please make question private...Is it legal to be a poa for close relative when you live outside the usa in a different country? Also another relative who lives in usa but not in Pa. Where the elderley… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My wife is a POA and trustee for an aunt. Can she have the
My wife is a POA and trustee for an aunt. Can she have the trust take a mortgage on our home so we can pay the trust more interest than she is earnng in her investments rather than paying our interest… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
My brother is my mother's poa. My brother is very narcisstic
My brother is my mother's poa. My brother is very narcisstic and abusive to me. My mother lives in an assisted living. I llive in the same town and I take her to her doctor's appts and visit her sever… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Have Irrevocable Durable POA and am the Trustee of my
Have Irrevocable Durable POA and am the Trustee of my Brothers Trust. He told me he changed beneficiaries on his life insurance but he didn't, we found out after my brother passed. Question is: Do I h… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
414 satisfied customers
I was the POA now Executor of her estate my sister is asking
I was the POA now Executor of her estate my sister is asking me for a copy of her death certificate however my mom never authorized the policy by signing isn't hid fraud?? … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
I'm the POA for my mother, who's in an assisted living
I'm the POA for my mother, who's in an assisted living facility with dementia. I'd like to purchase a condo as an investment property using her funds, since her expenses are now higher than her income… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Have a question about my Uncle's will and estate. What
Have a question about my Uncle's will and estate. What happens to funds designated to a deceased person ? … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
I got a durable poa form from Staple in FL. The agent at
Hi. I got a durable poa form from Staple in FL. The agent at Charles require further forms from them, otherwise they would not accept them. Do they actually have a choice in the matter? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
414 satisfied customers
My father died without a will, I was his POA while alive. He
My father died without a will, I was his POA while alive. He has a wife who is in a nursing home with Alzheimer's and dementia. She has no POA. Do we need to go through probate? … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
My mother has a will and POA that appears to be invalid. It
My mother has a will and POA that appears to be invalid. It is not recorded in the county courhouse anywhere. The POA is my brother. She is in assisted living in Las Cruces NM and has property being s… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,897 satisfied customers
As durable poa, and executor of an Individual's Will, do the
as durable poa, and executor of an Individual's Will, do the poa have the right to review any codicil to the Individual's Will? … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
Should a person who was asked to be a co-executor and POA
Should a person who was asked to be a co-executor and POA for a relative be disqualified for borrowing money against beneficiaries accounts, with hand written note saying if not paid in full to be sub… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
For my Aunt in a nursing home in Arkansas. The POA will end
I am POA for my Aunt in a nursing home in Arkansas. The POA will end with my death. What options do I have to get another family member to help if I die? Also, the POA will end at Aunt Mildred's death… read more
Damien Bosco
Damien Bosco
2,991 satisfied customers
POA for uncles estate failed to get beneficiary cards
POA for uncles estate failed to get beneficiary cards changed before his death, also wrote herself a check for 100K the week he died. Dying of cancer ,med's were heavy, he was constantly in and out of… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x