Barbara Billiot Stage

The Florida Bar  # 0042467

Member

Current

Q. Is it legal for a Florida HOA to fund a loss-making fitness program and charge extra fees for access?

May 17, 2025

A: A lawyer couldn't possibly answer that question without reading your Declaration of Covenants, Conditions, and Restrictions, the Articles of Incorporation and the Bylaws as well as any amendments to these documents. It all depends on the authority the association has, the definitions and any relevant sections regarding assessments.

Q. Seeking options to recover a timeshare investment from Hilton Vacations after losing it due to unpaid maintenance fees in Florida.

May 15, 2025

A: Timeshares are just like any other community association in the State of Florida. They all have maintenance fees (also known as dues or assessments). These must be paid in order to keep the property. The timeshares and all other types of associations foreclose on these properties just like a mortgage lender forecloses, just faster. The law doesn't provide for associations to waive assessments and actually requires them to collect. The law doesn't allow the associations or courts to consider personal hardships either.

Q. Animal control took my horses during foreclosure without abuse allegations. How do I retrieve them and hold people accountable?

May 12, 2025

A: I'm sorry you had that experience and I understand how difficult it is to relocate horses on short notice.

Technically, the horses were not stolen and were likely considered abandoned just like any other personal property left on the premises. The sheriff has to post a 24-hour notice for a writ of possession, giving you 24 hours to vacate. You would need to prove ownership of the horses with medical records, microchip records, photographs, a bill of sale, etc. and then pay the impound fees.

Holding someone else responsible will be difficult unless you can somehow prove the sheriff's office didn't post the notice. They usually have this documented with photographs or body cam video. I don't see Animal Services being held liable because they were just doing their job. Once you are removed from the property you are not allowed to go back on the property to remove items. ... Read More

View More Answers ›