Barbara Billiot Stage

The Florida Bar  # 0042467

Member

Current

Q. Seeking pro bono attorney to help dissolve inactive HOA in Sanford, FL due to city repair issues.

May 21, 2025

A: Dissolving an association doesn't terminate the restrictive covenants or solve problems with the city or county. The restrictive covenants have a provision on how to terminate them and it requires at least a majority of the lot (or lot owners potentially) and probably their mortgage companies to consent. The percentage of signatures required could be as little as 51% or as high as 100%.

There also may be issues with compliance with water management districts or other state agencies and easements would be an additional issue to deal with beforehand. As you can see, this is not something a lawyer is going to do pro bono because there is a lot of work involved. Taking it on a contingency won't work either because even if your successful there is no one to go after for the legal fees if the association itself has been administratively dissolved.

I'm just guessing here but it sounds like you have private roads if the municipality is refusing to fix them and this could become a code enforcement issue with the municipality looking to require the individual homeowners to resolve the issue.

One thing you might want to have a lawyer check is if the restrictive covenants are expired under the Marketable Record Title Act. That is no easy job either and requires a lot of research to make sure there are no amendments or references in odd places that might extend the covenants past the thirty year anniversary. That still would not solve your street and sinkhole problem if this is private property owned by a defunct association and you better solution might be to re-establish the association.

Hope this helps. ... Read More

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.

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