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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience:  Attorney experienced in numerous areas of law.
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Would you be able to give me the name of an attorney who would

Resolved Question:

Would you be able to give me the name of an attorney who would represent my son who is being harrassed by the HOA in our community.He has a heart condition and must exercise and his cardiologist recommended that I purchase a basketball hoop for him.Upon doing this they the HOA made me prove his need and stated all kinds of stipulation in what where and when it could be used. Due to the intense heat the base didn't hold up so I purchased a new one for him and now they are demanding that it does not meet all of the the stipulation that they made. Other's in the neighborhood have had basketball hoops and had not had to get the OK from the HOA to erect theirs.I need someone to fight for his rights and have the backing of his Dr. who had written a letter that I submitted to the HOA
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Customer:

Hello

Brandon M. :

Hello, thank you for your question.

Brandon M. :

I would like to get a bit more information, if I may.

Customer:

Yes

Brandon M. :

Do we know why the HOA has been giving you trouble over this and not other?

Brandon M. :

*others?

Customer:

No

Brandon M. :

How did the HOA get involved in this in the first place?

Customer:

Head of HOA is next door neighbor

Customer:

My son also has Down Syndrome

Brandon M. :

What I mean is, did you erect the basketball hoop, and then the HOA contacted you? Did you ask their permission before setting it up?

Customer:

Yes

Brandon M. :

Which of those was it?

Customer:

I had to get a Dr's note saying he needed it for his persona health but other had to do nothing to erect theirs

Brandon M. :

Ok, in which state is this occurring?

Customer:

North Carolina

Brandon M. :

Thank you. In which North Carolina county?

Customer:

I have only been in this state for going on 7yrs so I really don't know of an attorney who would represent him and that is what I want I am in Wake county

Brandon M. :

I understand. Incidentally, my son has autism, so we're kind of in the same club. We have special challenges for our special guys.

Customer:

We sure do and I can't stand by and watch him being treated like this

Brandon M. :

Is the problem that you have tried finding an attorney and not found one willing to look at your case, or is the problem just that you don't know who you can contact to consider this matter?

Customer:

Just don't know who to contact

Customer:

Originally from Buffalo and my attorney was Bruce Goldstein who was the best

Brandon M. :

Ok, the first question here is going to be whether the HOA is acting within its authority to place any restrictions at all. The second question is going to then be whether the restrictions are applied unequally. The third question, if it gets that far, is, if there is an unequal application of the restriction, is it due to an illegal reason.

An attorney that handles general civil litigation, residential real estate law and/or landlord/tenant law would be equipped to assist. Even though you may not be a renter, the typical landlord/tenant lawyer would have significant familiarity with HOA issues because they tend to cross-over with landlord/tenant issues.

It's important to find someone with whom you are comfortable working, and that varies from person to person, so my inclination is to refer you to the North Carolina Bar Association's attorney referral service. You can telephone them at 1-800-662-7660, or you can visit their website at this link: https://www.ncbar.org/public-pro-bono/lawyer-referral-service/nc-find-a-lawyer . The nice thing about the state bar's service is that there is no charge for the service, they can match you with someone that meets your criteria, and the person with whom they match you will charge no more than $50 for the first 30 minutes of the initial consultation, so it's a low-risk venture if you decide that the person is not right for you.


Brandon M. :

Also, if you are unable to afford an attorney, you can also contact Legal Aid of North Carolina at the following link: http://www.legalaidnc.org/

Customer:

Well this will be a start and hopefully I will find the right person to help me in this mattar

Brandon M. :

Naturally, the demand for low-cost legal representation exceeds the supply, so you are likely to find it easier to work with an attorney paid through conventional means.

Customer:

I am willing to pay so my son get what he needs

Brandon M. :

I'm glad that you have that attitude. My son can barely talk or show affection, but he's healthy as a horse. If your son needs exercise, do what you have to do to make sure he gets it.

Brandon M. :

Is there anything else I can help you with this evening?

Customer:

Well I guess you have told me all you know and I appreciate your help and will get on this right away.Hopefully your Son will surprise you and someday day you will hear him call you Dad. Thank You Again

Brandon M. :

It was my pleasure. Best of luck.

Customer:

Thank You

Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
Brandon M. and 5 other Legal Specialists are ready to help you

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Brandon M.
Brandon M.
Attorney at Law
6340 Satisfied Customers
Attorney experienced in numerous areas of law.