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Barbara Billiot Stage
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43 followers
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Recalls After House Bill 1237
Recently our firm had the experience of representing clients in the first recall arbitration after HB 1237 revised Fla. Stat. 718.112(2)(j), which are the laws governing recalls. Unfortunately, the Florida Statutes conflict with the Florida Administrative C...
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Revisions to Florida Laws Regarding Estoppels! It’s that time of year and the Florida Legislature has pass several important revisions to the state laws governing community associations. We will review each of the bills enacted, which were effective July 1,...
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Huge Win for Unit Owners
After several years of arbitration, a trial de novo, both of which our clients won, and an appeal to the Second District Court of Appeals, my clients have been vindicated.  The 2nd DCA came back, rather quickly I might add, with a Per Curiam decision affirm...
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Turner v Bulter Farms - Getting A New Board When There Is No Quorum For An Election
A couple of years ago the Florida Legislature passed a bill which allowed homeowner associations to forego elections if there were only enough candidates to fill vacant spots.  While I was not sure how the change to Fla. Stat. 720.306(9)(a) would affect ele...
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Board Meetings: How They Should Be Conducted
Today's blog is about notice, quorum, the right to speak, the right to record meetings, handling disruptive attendees and meeting minutes. Notice Requirements: The notice requirements for a meeting are contained in the Bylaws and/or Articles of Incorporatio...
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2016 Senate Bill 7031 - HOA Declarations Exemption from Marketable Record Title Act
I personally think this bill is a bad idea.  We have enough problems with HOAs which are governed by ancient documents written decades ago! Bill Text Senate Bill 7031 Proposed language: 712.03 Exceptions to marketability.—Such marketable record
33 title sha...
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My Email Regarding HOA Reform Bill and Affordable Legal Representation
I wrote this to Senator Alan Hayes, House Representative Mike La Rosa, Florida Bar President Ramon Abadin and my friend, Jan Bergemann of Cyber Citizens for Justice (www.ccfj.net): Gentleman, I am writing to
you today, as an attorney who represents both hom...
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My HOA Turned Me Over to Collections -- PLEASE HELP!!!
This is a frequent call I receive.  Here's my advice: If you were ever late with just one payment, you set into a motion a problem that just snowballs.  It may be possible you mailed your check on time but it was not delivered on time.  The association is s...
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HOA Bullies & Condo Commandos
The biggest complaint I hear recently from people calling my firm for help is bullying and harassment by their association.  This is no surprise to me since a ruling last year which basically said if you live in an association you better learn to have a thi...
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Fines Authorized by Statute?
The great debate:  Can the HOA fine if the governing documents do not authorize it but Fla. Stat. 720.305(2) establishes procedures for fining?  Many community association lawyers and community association managers say yes. My answer is no despite many of m...
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