Barbara Billiot Stage

The Florida Bar  # 0042467

Member

Current

Q. How can I nullify a warranty deed transfer and deed back to the original owner?

June 16, 2025

A: You just need to execute and record a new deed with the names in reverse -- from you to your mother.

Q. HOA fee increase and missed payments in Florida condo

June 9, 2025

A: The first notice required is a Notice of Late Assessments, which provides the owner with 30 days to pay in full or the association will turn the account over to a lawyer for collections. That is the last opportunity to pay before legal fees and costs are added to the amount due. The next notice is an Intent to Lien Notice giving the owner 45 days to pay in full or a claim of lien is filed. Once the claim of lien is filed a final notice of Delinquent Assessments is sent giving the owner 45 days to pay in full before the association files to foreclose on the property.

The first notice is sent by regular mail but the next two are sent by certified mail and regular mail. Often owners believe if they do not sign for the certified mail they can deny receiving notice, which is the reason for the copy being sent regular mail. If the certified copy is returned marked "unclaimed" or "refused," the court deems the regular mail was delivered. ... Read More

Q. Is it legal for the HOA to block my account access due to unpaid assessments?

June 8, 2025

A: The HOA is not blocking your payments, just your access to make payments online. You always have the option of mailing a payment or dropping off a check or money order in person. Online access is typically turned off once an account is turned over to the attorney because you likely increase the legal fees and costs you owe if you don't send the payment directly to the attorney. Attorneys bill for all of their time, including communications, and it takes extra time to verify with the management company or the board of directors if a payment was tendered to them instead of the attorney.

You should know that Florida law provides payments are applied to interest and late fees first, attorneys' fees and costs next, and if there is any funds remaining, it is applied to the past due assessments last. ... Read More

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