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Category Archives: Homeowners Association

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Can I Transfer My Home into a Trust If It’s Part of a Homeowners’ Association (HOA)?

By HD Law Partners |

People whose homes are part of a homeowners’ association (HOA) have to follow plenty of rules and regulations. Those rules may limit what a homeowner can and cannot do to their own property, including transferring the home into a trust and making changes to ownership. If you are considering transferring your home into a… Read More »

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Do I Have a Right to Smoke Cigarettes and Marijuana in My Rental Unit?

By HD Law Partners |

Typically, landlords inform tenants of a no-smoking policy or restrictions on smoking cigarettes and marijuana in a rental unit before signing the lease or rental agreement. However, does a no-smoking policy infringe upon your rights as a tenant? Do you actually have a right to smoke cigarettes and weed in your rental apartment despite… Read More »

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How to Resolve Disputes Over Yard Signs Between Homeowners and HOAs?

By HD Law Partners |

Many homeowners choose to put signs in their yards to express their political views or opinions on controversial issues. While the U.S. Constitution protects freedom of speech, homeowners who display or place controversial yard signs in their yard may get into disputes with their homeowners’ associations (HOAs). Who’s Right in Yard Sign Disputes Between… Read More »

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Can a Homeowners’ Association (HOA) Deny a Potential Buyer or Renter in Florida?

By HD Law Partners |

The board of directors of a Homeowners’ Association (HOA) is elected by the residents of the community. An HOA is a governing body that makes and enforces many rules that impact the entire community. One of the HOA’s duties is to protect the value of its residents’ homes. But what about denying buyers or… Read More »

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Can You Stop Paying Rent if Your Landlord Fails to Make Repairs?

By HD Law Partners |

If your landlord fails to make necessary repairs or violates housing codes, you may be thinking about stopping to pay rent. But are you legally allowed to do that in Florida without facing an eviction notice? What Are the Obligations and Duties of Your Landlord? In Florida, landlords are legally required to comply with… Read More »

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Addressing Homeowners’ Association Residents’ Concerns Surrounding Use of Facilities & HOA Fees

By HD Law Partners |

During the coronavirus pandemic, a number of homeowners’ associations (HOAs) have faced questions from residents concerning the issue of having to pay homeowners’ association fees while a number of facilities – such as the pools – have had to close due to the dangers associated with the virus. While some associations may have waived… Read More »

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When Residents & Homeowners’ Associations Clash Over Solar Panel Installation

By HD Law Partners |

Florida is home to one of the largest populations of homeowners’ associations, and the main responsibility of these associations is to establish rules and regulations regarding how the community operates in order to ensure that property values stay at a certain level. As a result, there are inevitably a number of disputes that regularly… Read More »

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Florida Governor’s Order Clarifies Eviction & Foreclosure Suspension, But Does Not Apply to Commercial Tenants

By HD Law Partners |

Clarifying the Florida Supreme Court’s March Administrative Order suspending the requirement for clerks to issue writs of possession, in April, Gov. Ron DeSantis signed an executive order suspending evictions and foreclosures for 45 days (from April 2) due to the coronavirus pandemic. While landlords have been sending out eviction notices at this time, they… Read More »

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Florida Supreme Court Enters into Coronavirus Order That Affects Commercial Landlords, Evictions, And Foreclosures

By HD Law Partners |

Commercial eviction proceedings have been complicated by the coronavirus, as more and more cities and states pass emergency laws barring evictions of tenants, as well as foreclosures, in some instances, all while landlords are still expected to finance mortgages and satisfy their lenders. This includes Florida, where, in late March, the state Supreme Court… Read More »

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How Florida Homeowners’ Associations Can Safely Manage Coronavirus-related Legal Concerns

By HD Law Partners |

Increasing issues associated with COVID-19, the coronavirus, have caused a number of issues in Florida to the point where Governor DeSantis had to declare a State of Emergency. At this point, there is not only an increased risk to the elderly and those with compromised immune systems, but to everyone, as we know so… Read More »

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