Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

HOA in Florida, the HOA budget has been kept artificially…

This is for an...

This is for an HOA in Florida, the HOA budget has been kept artificially low for years, some line items such as taxes on the gym have not even been budgeted. Our docs say to raise the budget over 5% we need 2/3'rds of the owner, our attorney says since it hasn't been raised since turnover we need to budget accordingly which would be about an 18 - 20% increase. Is our attorney correct that our fiduciary duty allows us to raise dues this amount with a 2/3 vote of the owners? Developer just left Board Jan. 2017. State of Florida.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

What kind of paperwork?

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 13 minutes by:
10/30/2017
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,017
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Real Estate Law Question

The governing documents of an HOA serve as the contract between the HOA and the homeowners. This in effect sets forth the rights and obligations of the various parties.

Typically it is the CC&Rs that set forth any limits on assessments and dues. Generally limits on annual increases are seen in older documents. If there are any set limits, those are controlling and the board must comply with the limits and conditions as set forth in the CC&Rs. However, these can be amended to increase the limit and this, per 720.306(1)(b) of the Florida Homeowners Association Act, requires a 2/3 vote of the entire voting interest- unless otherwise provided in the documents or required by law.

Once that is amended, then the increased limit would take effect.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,017
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,017
13,017 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems 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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Does Adverse Possession apply to a Homeowners Association
Does Adverse Possession apply to a Homeowners Association? Our Board of Directors is trying to change our documents in order to remove the telephone access at our rear entry gate that was deeded to th… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
What is the law in Cobb county if a HOA has a homeowner who
What is the law in Cobb county if a HOA has a homeowner who has not paid and the fee is now over $2000.00 can we foreclose?\ … read more
KLAW
KLAW
Juris Doctorate
2,115 satisfied customers
Was South Carolina bill 218, Homeowners association act,
Was South Carolina bill 218, Homeowners association act, ever passed into law? … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,889 satisfied customers
My problem is with my Homeowners Association. I have lived
My problem is with my Homeowners Association. I have lived at The Royal Oaks for over 20 years and have made timely payments of all fees. … read more
socrateaser
socrateaser
1,031 satisfied customers
I have a question about homeowners association. On April 13,
Hello, i have a question about homeowners association. On April 13, there was an incident involving my boys dog and a neighbor's dog who is roommate with the home owner. From my understanding, the hom… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,870 satisfied customers
Can an HOA association not have a ARC? If there is no ARC
If there is no ARC how can a homeowner appeal a covenant violation … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,567 satisfied customers
Does an HOA have jurisdiction over a homeowner when they did
Does an HOA have jurisdiction over a homeowner when they did not exist at the time of the sale of the property and thus were not party to that sale. If the existence of an HOA was not disclosed to the… read more
socrateaser
socrateaser
1,031 satisfied customers
DO an HOA have the right to have homeowners paint the
DO an HOA have the right to have homeowners paint the exterior of their home just due to fading of paint … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,603 satisfied customers
Is it illegal for a condominium association HOA (or counsel
Is it illegal for a condominium association HOA (or counsel hired by the HOA) to threaten to a homeowner's mortgage bank to foreclose on that homeowner's condo in pursuit of an assessment charged by t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,870 satisfied customers
I am a homeowner in an HOA in CA. My roof leaked and the HOA
I am a homeowner in an HOA in CA. My roof leaked and the HOA say that the leak is my fault and I have to pay for the repair. The HOA invited me to a meeting where I was given five minutes to defend my… read more
legalgems
legalgems
Arbitrator
13,017 satisfied customers
My question is in regards to homeowners associations for a
My question is in regards ***** ***** associations for a maintenance provided community. There are by-laws and covenants and then there are rules and regulations. In the community in which I live, the… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,870 satisfied customers
If a new development Homeowners association was established
If a new development Homeowners association was established with restriction prohibiting open RV, or boat storage (no driveways, and street view), can the association following the CC&R amendment prov… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,126 satisfied customers
Need a calif lawyer specializing in homeowners association
need a calif lawyer specializing in homeowners association problems. my association has determined that my condo unit was the result of flooding the adjacent unit. they have charged me $650 for the re… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,870 satisfied customers
Can a homeowner in an HOA community ask for the status, not
Can a homeowner in an HOA community ask for the status, not detailed information, on a violation that has been turned in? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,898 satisfied customers
Can a HOA make homeowner insurance required for a unit
Can a HOA make homeowner insurance required for a unit owner? Can the HOA make insurance required for tenants who rent a unit in HOA? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,368 satisfied customers
When there is a dispute between a homeowner HOA board of
when there is a dispute between a homeowner HOA board of directors what conditions are required before the Board can consider the issue is closed … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,567 satisfied customers
Can a homeowners association deny a homeowner's application
Can a homeowners association deny a homeowner's application to plant trees within his property borders because it has a drainage easement where the trees will be planted? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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