Barbara Billiot Stage

The Florida Bar  # 0042467

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Current

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.

Q. Does FS720 bind HOA Board to its own Rules and Regs?

July 27, 2025

A: It's not a rule change if the board granted a variance for some reason to one unit owner. If the board is changing the rule for everyone they must follow the procedures of mailing a copy of the rule change to the owners using the underline/strikethrough method for additions and deletions. The rule change must then be voted on at a board meeting. The variance for one owner must also be addressed at a board meeting. A manager cannot override a board adopted rule unless the board, by a majority vote, approves it and instructs the manager to grant the variance.

Q. Does an HOA need a towing contract for parking violation enforcement?

July 20, 2025

A: It's industry practice to have a contract with a towing company and those contracts are approved by a majority vote of the board of directors at a board meeting open to the membership. The HOAs are now required to post the agenda on the meeting notices posted in the community. While there is no specific law requiring a formal contract, it would be very unwise to not have one.

The right to tow vehicles is usually recorded in the Declaration of Covenants, Conditions and Restrictions (CCRs) or an amendment to the same. It could be in board adopted rules and regulations if there are restrictions on parking already in the documents and it has general language in the enforcement provisions that allow any remedy provided in law or equity. Changes to the rules and regulations have to be sent out to the owners (not necessarily the residents) with the proposed changes using the underline and strikethrough method to indicate additions and deletions. There is no requirement to send proposed amendments to anyone other than the owner of record. Tenants and/or other adult occupants generally do not get these unless the HOA has a policy to send them, which is not likely due to the expense. ... Read More

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