Recent waves of Solar Panel contracts are taking over South Florida. In rural towns such as Lake Placid and Cape Coral as well as more populated cities, representatives for Solar Panel companies are approaching homeowners and misrepresenting not only the costs of the solar panels but also financing and interest rates. Some of our clients have even had their tax returns forged and fabricated in order to qualify for grants and government funds.
The first thing to look out for is whether the representative is making you sign documents on an Ipad without providing you with a copy of what you are signing. Solar Panel representatives statewide are misrepresenting terms in order to lock in the homeowner. Once you sign, you are on the hook for payment.
However, if the terms were misrepresented, or if there was fraud in the solar panel contract, then we can help cancel it and return you to the status quo.
Contact us today to review your Solar Panel Contract free of charge and advise what recourse, if any, you have. The first consultation is always free.
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00Jacqueline Salcineshttps://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngJacqueline Salcines2021-02-21 19:32:482022-12-20 14:00:29HOW TO CANCEL A SOLAR PANEL CONTRACT
THE RIGHT TO RECORD LIEN AND TO FORECLOSE ON UNPAID ASSOCIATION LIENS, IS PERHAPS THE MOST POWERFUL TOOL A HOMEOWNERS OR CONDOMINIUM ASSOCIATON HAS TO ENFORCE ITS ASSESSMENT OBLIGATIONS.
Florida Statutes permit associations to recover unpaid assessments and expenses by requiring strict compliance with statutory procedures and notice to homeowners. While Florida Statutes permit associations to file liens against homeowners for unpaid association maintenance and assessments, the associations are limited in that liens can not be filed if the dues are less than a certain amount, and can not be filed, unless the Association first sends the correct notice to the homeowner.
Association liens, filed by either Condominium Associations or Homeowners Associations can be foreclosed upon, which means that a homeowner can lose their property to the Association or third party bidder, if the amounts due are not satisfied. By law, the association can not collect more than the amounts permitted by statute and penalties are also capped.
OBLIGATION TO PAY HOMEOWNERS ASSOCIATION OR CONDOMINIUM ASSOCIATION DUES
When homeowners purchase a new home that is governed by an association, it is almost like purchasing into a club. The Association makes all the rules and the homeowner is required to follow the rules, pay the amounts due, and abide by all the laws governing the association. One of those rules is paying the maintenance and assessments, if any, timely. When associations send statements, the homeowners has a certain amount of time to pay them or incur a late fee. If not paid timely, then the association will send out a letter advising of the amounts past due and demanding payment. If the notice is ignored, then the association has the right to file a claim of lien, and take your property.
RECORDING OF THE LIEN
Any lien recorded by the Association attaches to the property as soon as the assessment or maintenance becomes delinquent. However, because there is no way for third parties to know about it, the association records the lien. Once the lien is recorded, notice is considered proper upon the homeowner.
ASSOCIATION LIEN REQUIREMENTS
When HOA fees are due, the Association although not obligated, may provide a statement to the property owner, setting forth the amounts due. If the owner fails to pay, the association sends notice that it intends to lien. The content and timing of the notice are set forth by statute and very important as to ability to record the lien, or if it stands up in court.
State laws vary with regard to the content of the lien. If the exact language required by Florida Statute is not included in there, it can be set aside, and the homeowner can recuperate attorney’s fees and costs for the illegal lien.
In Florida, HOA fees are limited to 25.00 or 5% of the past due amount and interest must not pass 18%.
Further, the association must file suit within 90 days or the lien becomes void.
EFFECT OF THE LIEN ON THE PROPERTY
Even if the homeowner does not go into foreclosure, the Homeowners Association or Condominium Association lien will act t encumber the property and will prohibit the prohibit the property sale until it is satisfied. If a mortgage default occurs and the bank forecloses, the proceeds are fist applied to the HOA claim of money and then to the mortgage debt, if recorded first.
FORECLOSURE DEFENSE
If a foreclosure is filed against you, the homeowner has the right to assert a defense and fight the foreclosure. There are numerous grounds, as detailed above, to fight a Condominium Association or Homeowners Association foreclosure. However, if the amounts are actually owed and the association has followed all the correct procedure, the homeowner must then negotiate the amounts due in order to avoid having the property sold at auction.
REMOVAL OF THE ASSOCIATION LIEN
At the Law Offices of Jacqueline A. Salcines, PA, we have been helping homeowners with their condominium and homeowners association dues and foreclosures for over 21 years. Attorney Jacqueline Salcines, an accountant and attorney, is well versed in condominium law and knows the ins and outs of the Florida Statutes and how to protect homeowners against the associations..
If you are facing foreclosure or a claim of lien has been filed against you, consult with us today. We are here to help you navigate the association’s rights, make sure they are acting legally and help you save your property from foreclosure.
TRUST | COMMITMENT | RESULTS
Jacqueline A. Salcines, Esq.
706 S. Dixie Highway
Second Floor
Coral Gables, FL 33146
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00Jacqueline Salcineshttps://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngJacqueline Salcines2021-02-15 20:31:392022-12-20 14:00:17HOA LIENS AND FORECLOSURE – WHAT RIGHTS DO ASSOCIATIONS HAVE AND WHAT YOU NEED TO KNOW.
Florida Statutes provide the landlord with the right to inspect the property for any emergency reason whether its a leak, a fire, or anything that could place the property or the tenant in peril. Many residential and commercial leases to rent include language that sets out how and why the Landlord can enter the property, for either (i) inspection (ii) repairs (iii) emergency and if they feel you have abandoned the property, to protect their property from harm. If the Lease is silent, then Florida Statutes steps in and provides the protection for the Landlord.
Many tenants, however, do not want the landlord coming into their property to inspect or repair, and prohibit the Landlord from entering or accessing the property. This is strictly prohibited and could place the tenant in breach of contract.
The landlord must provide notice if coming to inspect. Typically it is 24 hours notice. However, the lease may provide for a different time frame. The landlord can also go in with their agents or workers in order to access the property for repairs or maintenance.
However, they dont have the right to harrass you or go in repeatedly just to annoy the tenant. There must be a valid reason.
At the Law Offices of Jacqueline A. Salcines, PA, our real estate lawyers in Miami have over 31 years experience representing Landlords and Tenants in their tenancy needs. We are very knowledgeable in the law of commercial and residential evictions, and our real estate attorneys will do whatever is necessary to protect and defend your rights.
At the Law Offices of Jacqueline A. Salcines, PA our real estate lawyers serve tenants and lawyers alike, from all over the globe with their landlord and tenant problems. Whether you are a landlord trying to gain access or a tenant being harrassed by your landlord and unfamiliar with your rights, we are here to help you.
We handle the following real estate transactions for our clients:
Landlord Residential Contracts
Tenant Contracts
Landlord Tenant settlements and disputes
Evictions
Demand Letters
Three Day Notices
Termination of Tenancy letters
Section 8 tenancy
Security deposit returns
Landlord Tenant evictions
Breach of Contract letters
Real estate litigation
Don’t go it alone. Hire the services of an experienced real estate lawyer. The first consultation is always free of charge.
TRUST | COMMITMENT | RESULTS
Jacqueline A. Salcines, Esq. 706 S. Dixie Highway Second Floor Coral Gables, FL 33146 Tel: 305 | 669 | 5280
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00Jacqueline Salcineshttps://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngJacqueline Salcines2021-02-15 17:11:262021-02-15 17:11:28RIGHT TO INSPECT AND RIGHT TO ENTER – LANDLORD AND TENANT LAW
It is never a pleasant notion to have to file a lawsuit against a family member or sibling. When property of a deceased is inherited via a Last Will and Testament, however, often the siblings have different ideas with regard to the property. Some may want to rent it. Others may want to sell it and not keep paying for maintenance and taxes. When there is a dispute between heirs or co-title holders, that can not be resolved, a Partition lawsuit has to be filed.
In a Partition lawsuit, the Court or Judge is the one that orders the property sold and divided down the middle. However, it is not necessary to get to that point where siblings or heirs are fighting against each other. There are many ways to settle these types of matters without a lawsuit. However, if the parties can not settle, then a lawsuit is inevitable.
At Jacqueline A. Salcines, PA, we are experienced and knowledgeable real estate attorneys that can help you negotiate with the other party or if unable to reach a middle ground, to file a partition lawsuit. With over 21 years experience filing Partition suits and negotiating property laws, we come to the table with a team of expert negotiators and litigators, to make the transition as smooth as possible.
The first consultation is always free and can provide you with invaluable advice regarding your right. Consult today.
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00Jacqueline Salcineshttps://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngJacqueline Salcines2021-02-14 16:43:252022-12-20 14:00:18PARTITION SUITS BETWEEN FAMILY
