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I have a HOA issue. Florida. I am aproved by the HOA in 2…

Customer Question
I have a HOA...

I have a HOA issue

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?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am aproved by the HOA in 2 units. I live in unit 26 and my dad lived in 44. He passed away. And deed was only in his name. But the approvsl has us both on 44. Now i have recently invited my cousin to stay for a few days at my dads 44 unit, since its empty. Hoa came with the police and said they have to lesve by tomorrow.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
12/7/2017
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,347
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

My deepest sympathies for your loss.

Kindly explain a little more.

If father owned this Unit, why would it be the business of the HOA to call the Police on someone staying at the house?

Thank you for your cooperation.

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Customer reply replied 7 months ago
Well it has been a issue. The woman in front of him is a board member of the HOA. They said that only my dad could have guests there and he is not alive anymore. But i have a written approval of me and him in the unit. But the deed is only under his name. There are late assesments fees for that unit and they are trying to florecose the house for lack of payment.
Customer reply replied 7 months ago
I tought me has beeing aprroved on that unit there would not be any issue. Until they csme to the police saying my guests have to leave by tomorrow.
Customer reply replied 7 months ago
Added approval
Customer reply replied 7 months ago
now i dont even know if this document is valid.
Customer reply replied 7 months ago
the condominium has a online parking permit. Which you go online and validate parking. They banned my guest from parking inside the condominium. And if you are not registered every night comes the towing company.
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

Thank you for the information.

The HOA does not have the right to evict your guest without a Court Order.

You can send the HOA a notice that they do not have the right to do this.

Also, I cannot concentrate with your question, when you keep adding to the post.

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Customer reply replied 7 months ago
Ive sent the approval attached ... is this even Valid? Can they say that it is worthless after my fathers passing.
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

The approval is still valid because you are still alive and well.

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Real Estate Lawyer: legalgems, Arbitrator replied 7 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,617
Experience: Just Answer consultant at Self employed
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I am very sorry to hear of your loss and the difficulties with the HOA; I see you requested a new professional and I have viewed the above.

If both parties were approved by the HOA then both parties have the right to use and occupy the premises, and this right will survive the death of one party.

The approved party would need to comply with the guest policy as set forth in the governing documents, but the approval would still be valid.

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Real Estate Lawyer: legalgems, Arbitrator replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
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