Homeowner’s Association Issues & Cases
Florida law has requirements that homeowner’s associations are required to follow. Additionally, homeowner’s associations are to follow their bylaws. However, the bylaws can be challenged if they are unreasonable or arbitrary. Homeowner’s associations are to give homeowners proper notices of board meetings, assessments and violations. Although homeowner’s associations have the right to fine homeowners under certain circumstances, the homeowner’s association must first properly notify the homeowner of the alleged violation and notify the homeowner by certified mail that the violation is not cured, allowing time to comply. The homeowner is entitled to have a hearing, with appropriate notice, on the issue of the fine. Homeowner’s associations are not to enforce their rules selectively against some homeowners and not against others. In appropriate circumstances, a homeowner’s association has the authority to secure a lien against a homeowner’s property.
If you receive a notice from your homeowner’s association, you may need to seek legal advice as to whether the notice meets the legal requirements or whether the homeowner’s association is seeking to enforce a Rule that is unreasonable or arbitrary. The Williams North Law Firm, P.A. represents homeowners who receive notices from their homeowner’s associations, who are being sued by their homeowner’s associations or who have questions concerning their rights and whether the action being taken by the homeowner’s association is permissible.
Condominium Association Issues & Cases
Condominium associations are governed by different laws than homeowner’s associations. However, they, too, are required to follow Florida law and their recorded Declaration. Florida law allows a condominium association to foreclose against a homeowner if the homeowner owes assessments and/or maintenance fees. However, before a condominium association can do so, they must first file and enforce a claim of lien. There are specific steps that the condominium association must take in order to legally foreclose against a homeowner.
If you receive a notice from your condominium’s association, you may need to seek legal advice as to whether the notice meets the legal requirements or whether the condominium’s association is seeking to enforce a Rule that is unreasonable or arbitrary. The Williams North Law Firm, P.A. represents homeowners who receive notices from their condominium’s associations, who are being sued by their condominium’s associations or who have questions concerning their rights and whether the action being taken by the condominium’s association is permissible.
Commercial & Residential Evictions
The Williams North Law Firm, P.A. has been handling eviction cases for over 25 years. We represent commercial and residential landlords in all aspects of the pre-eviction and eviction process. We understand that the landlord is in the rental business and therefore needs the matter to be handled as speedily as possible. Landlords may evict for violations of Florida Law and/or the lease (whether written or not). The Williams North Law Firm, P.A. educates landlords as to the required legal procedures and their rights under the law.
Deeds are important legal documents that, if improperly executed, can result in an unintended consequence. Sometimes, the unintended consequence cannot be fixed or sometimes it is an expensive proposition to do so. There are varying types of Deeds. Some Deeds can prevent the need for probate. Some Deeds convey a limited interest. It is of utmost importance that the different Deed options be explained before the Deed is drafted and executed so that it meets the specific need of the client. We will advise as to your options and provide the necessary information to assist you in evaluating what type of Deed you need or if there is a better legal vehicle to accomplish your objectives.
The Williams North Law Firm, P.A. prepares Deeds and litigate matters that pertain to correcting an invalid Deed.
Faulty plumbing, water gathering on a window sill, or any water leak can be fertile ground for growth of harmful mold. Tenants should report visible mold to the landlord as soon as possible. If the area of visible mold is more than 10 square feet, it may be necessary to schedule an air quality test.
The Williams North Law Firm, P.A. advises landlords and tenants regarding mold-related issues. We advise regarding the drafting of lease provisions pertaining to mold so that landlords can make tenants aware of their responsibility to take steps to minimize the presence or spread of mold within the dwelling. We litigate cases pertaining to mold-related damages.
Probate of Real Property Cases
If someone has died and left property (whether they had a Last Will and Testament or not), it may be necessary to initiate a probate action to transfer the title of the property from the deceased to another individual. The deceased’s death certificate, Last Will and Testament (if there is one) and list of assets will need to be provided to the Court. If there is no Last Will and Testament, the Florida Statute lists the individuals considered next of kin and the order of priority. The Williams North Law Firm, P.A. handles such matters.
Quiet Title Issues/Actions
A quiet title action is a legal proceeding (lawsuit) that is used to determine who has the best claim to a piece of real property when there are issues that “cloud” the title. Sometimes a Deed seeks to convey title but there is fraud or a defect in the Deed. A Court would decide the party’s title to the real property. Quiet title actions require that the names and places of residence of all individuals who have an interest in the property be named in the suit.
If the legal owner of real property seeks to remove a resident, who is not a tenant, from his/her residential property, the owner may file an ejectment action. An ejectment action is filed to remove someone who does not pay rent and who is not residing in the property in exchange for a service provided. The ejectment action differs from an eviction action in that the unwanted resident would have 20 days (instead of 5 as in an eviction) to respond to the lawsuit for removal.
Mobile Home Cases
Some mobile home park owners rent the lots within the park to individuals who own their mobile homes. In these instances, the mobile home owner pays lot rent to the mobile home park owner. In other instances, the mobile home park owner rents an actual mobile home to a resident of the park. In this instance, the resident pays rent to the mobile home park owner and is a tenant. There are different laws that pertain to these two scenarios. The Williams North Law Firm, P.A. handles disputes pertaining to mobile home law, including evictions.