Barbara Billiot Stage

The Florida Bar  # 0042467

Member

Current

Q. Flag display limits on residential property in Florida HOA

March 18, 2025

A: Florida Statute Section 720.304(2)(a) allows you to fly up to two (2) flags that are no larger than 4.5' x 6'. They can be a US flag, Florida flag, POW-MIA flag, first responder flag, or any US military flag. The 20' flagpole is the maximum height allowed. This has been a Florida law for about two decades. New types of flags were added a couple of years ago but the US flag and POW-MIA flag have been in the statute for quite some time.

Q. HOA ignoring requests to update owner records and resolve tenant disputes.

March 13, 2025

A: It depends on what owner records you are trying to update and if you are the owner on the deed. More information is needed to provide you advice. Generally, in the community association industry, family members attempt to update information for elderly parents or other relatives and the HOA and its management company cannot do that without legal authorization from the owner(s) on the deed. While the information may be legitimate, it still presents a legal problem for the HOA and management.

The tenant disputes also require more information; however, generally (and that's what this forum is designed for - general information), HOAs should stay out of tenant disputes unless it is a life, safety or loss of property issue. One to one personal disputes create a liability issue if the HOA gets involved. ... Read More

Q. How do I evict squatters from a property I purchased in Florida?

March 9, 2025

A: You can call the sheriff.

Florida Statute 82.036:

(2) A property owner or his or her authorized agent may request from the sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling pursuant to this section if all of the following conditions are met:

(a) The requesting person is the property owner or authorized agent of the property owner.

(b) The real property that is being occupied includes a residential dwelling.

(c) An unauthorized person or persons have unlawfully entered and remain or continue to reside on the property owner’s property.

(d) The real property was not open to members of the public at the time the unauthorized person or persons entered.

(e) The property owner has directed the unauthorized person to leave the property.

(f) The unauthorized person or persons are not current or former tenants pursuant to a written or oral rental agreement authorized by the property owner.

(g) The unauthorized person or persons are not immediate family members of the property owner.

(h) There is no pending litigation related to the real property between the property owner and any known unauthorized person. ... Read More

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