Barbara Billiot Stage

The Florida Bar  # 0042467

Member

Current

Q. Can the HOA file a Case Management Order in FL without serving me and claim unknowing my residence despite my declaration of domicile?

August 26, 2025

A: Case management plans are filed by the Plaintiff and the judge issues a case management order. The HOA very likely doesn't know where your reside. It is the responsibility of the owner to be proactive and notify the HOA of any changes in a mailing address. If the property is in the estate's name still, the HOA has to sue and serve the estate and any known and unknown heirs. Filing a declaration of domicile doesn't notify the HOA of your address unless you sent it to the association (or the association's attorney if it was already in collections). A condominium has a continuing lien for not only past due assessments but interest, late fees, attorneys' fees and costs. A probate case does not stop the assessments from accruing and five years of what is probably monthly assessments builds up quickly. There are likely special assessments if your condo is subject to the new law requiring fully funded reserves as well. A declaration of domicile does not stop assessments or invalidate them either.

You will need to have a personal consultation with your own condo lawyer who has experience in navigating these issues. You will not find answers on the internet and it would be malpractice for us to tell you how to litigate a case without reviewing all the relevant documents and pleadings. ... Read More

Q. Can I speak to my HOA board about assessment issues before involving an attorney?

August 13, 2025

A: I'm sorry to hear about your troubles. It is industry practice to have the attorney handle a matter completely once the file has been turned over to the attorney for collections. There is nothing prohibiting this practice and many attorneys, like myself, require the Association to agree to these terms in the contract for legal services. This is because board members and management may not have the latest legal fees and status of the case. These are usually not conveyed to the Association except when the Association is billed or requests a status report. It also creates a problem with "he said, she said" and jeopardizes the Association's ability to collect past due assessments, not just from you, but every homeowner.

The associations are required now to send owners a Notice of Late Assessments giving the owner 30 days to pay or the matter will go to the attorney. That's short window to pay but it's the last chance to do so without incurring those fees.

Law firms are not required to accept online payments. The funds are generally required to be a cashier's check or money order because they are deposited into a Florida Bar Trust Account.

You are in a tough situation where every call, email or letter to the attorney will generate more fees because attorneys bill for all of their time and the Homeowners Association Act as well as Association documents make owners liable for the attorneys fees incurred.

If you still owe a considerable balance you may want to consider a Chapter 13 bankruptcy, which would let you pay the arrears over 3-5 years along with any other past due debts you may have. The other option is to submit a written payment plan but that also comes with more fees to process your payments and monitor the plan. ... Read More

Q. How can I transfer our joint house deed to my husband legally?

July 28, 2025

A: I would suggest you have a lawyer do this. The fee is usually a nominal amount. A quitclaim deed will only cause problems later. There are options such as a joint tenants with rights of survivorship, a warranty deed with a life estate should he for some reason pass first (this has happened to people unexpectedly), as well as other options.

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