How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ray Your Own Question

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 28489
Experience:  29 years in civil, probate, real estate, elder law
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

I had a morgan spa installed in 1999. At the time i did get

Resolved Question:

I had a morgan spa installed in 1999. At the time i did get HOA approval but cannot find the paperwork. In Feb of 2013 I got a violation notice that I had not recived permission to installe the spa. What is the statue of limiation on an HOA? BTW the HOA rules state that they only have to keep the paperwork for at least 5 years so no telling what has happened. You gave an opinon in 2009 and the link does not resolve.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question and good afternoon.My sympathy here for your situation and dilemma.

RayAnswers :

There is not a statute of limitations here in Texas for HOA to apply fines in such a situation unfortunately.

Customer:

Oh rats I thought i saw a note from yo usaying a 4 yr limitation

RayAnswers :

You certainly may try to dispute this matter factually if you received permission.

Customer:

the hoa states:


A copy of any plans and specifications submitted to the Committee for approval, together with copies of any written information or materials submitted to the Committee in support of the request for approval, shall be maintained by the Committee for the period of at leave five (5) years after the date such plans and specifications have been approved or rejected by the Committee or allowed to become approved by the inaction of the Committee.

RayAnswers :

You certainly can seek to dispute here as your best remedy.You would ask to meet with the board and try to resolve this matter.You can testify here to your recollection of events and argue that they have failed to maintain their own records.

Customer:

and it's been 14 yrs so after 10 we got rid of it

RayAnswers :

You would argue that they cannot prove that you did not get such permission and it is their deficiency here not yours.

Customer:

the hoa also asked us to re-a pply for permission which the spouse did and was summarily rejected

Customer:

which i argue was a mistake and will say that

Customer:

he did say "re-permission"

Customer:

we even had them out to inspect the work

RayAnswers :

It is not reasonable that you would maintain such records.You may want to consider a local lawyer to seek a waiver here based on their failure to keep records and passage of time.

Customer:

because it was not suppose to be seen from the street

Customer:

ok

Customer:

waht a headache

Customer:

removal of a spa is not inexpensive

Customer:

and i think it stems from the fact my son put newspapers up on the windows when he stained the spa and the neighbor thought it stayed on to long so lodged a protest

RayAnswers :

You have some good arguments since this has been so long.And you may be looking at a lawsuit--your lawyer would threaten this in a letter asking for reconsideration.I mean they have been able to observe it for this long obviously they would have known about it and approved it.

Customer:

I have a letter ready to go to them to send certified mail

Customer:

I will send it as a "first volley"

Customer:

thank you for your assistance

RayAnswers :

You have some good points to raise here I would not concede this yet.Send you letter and go from there.I wish you the best.

RayAnswers :

Thanks for the chat here.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.


This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.


 

RayAnswers :

You can locate a lawyer locally to help you here.

Customer:

thank you so very much

RayAnswers :

You may also want to check up on your HOA rules.

RayAnswers :

Thank you.

Customer:

i did already

Customer:

so far they have violated them all

Customer:

but that is them not me and they enforce what the like

RayAnswers :

Thats a great argument selective enforcement.

Customer:

thank you again

RayAnswers :

No problem good luck here.

Ray, Lawyer
Category: Legal
Satisfied Customers: 28489
Experience: 29 years in civil, probate, real estate, elder law
Ray and 7 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19419
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8122
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    83
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    30758
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15340
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.