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 Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4872
Experience:  Attorney with significant and substantial experience in multiple areas of law.
Type Your Legal Question Here...
Joseph is online now
A new question is answered every 9 seconds

i have been a resident [owner] in a subdivision in FW, tx for

Resolved Question:

i have been a resident [owner] in a subdivision in FW, tx for over 8 years. if i detail all that has happened as it relates to the hoa, i'd be typing until the cows came home. however, i hope my situation will be adequately laid out. here goes:

several months ago, there was a pretty severe storm that blew the back fence into smithereens. VERY shortly after, i attempted to contact the neighbor in the adjoining property to make arrangements for repair/replacement. the cc&r's clearly state that we are to equally share the cost for this repair.

i have sent individuals to the neighbor door, to ask that they contact me, to no avail. they either: would not answer the door [right after i've seen them in their yard], and the one time someone DID answer, my friend was advised, "that's not my fence, that's her fence!" when i received THAT response, it became obvious that this owner intended to shirk the responsibility. so, the stand-off began.....

some months later, i received a warning notice from the property management company citing the need for fence repair. i contacted the property management company, to apprise them of the situation, to include my attempts at resolution, AND, to inquire as to whether the neighbor at the adjoining property had also received notification.

it took more than TWO WEEKS before i was told [TWICE] that, "hmmmm. well, i see they HAD been cited, but it was closed out for some reason and the record does not say why it was closed". huh? mind you, to finally get THAT response, i was calling on a nearly daily basis as NO ONE returned my initial calls.

yet another long story short, someone at the management company FINALLY understood the need to send the neighbor a new notice. subsequently, the neighbor came to my home to discuss repairs. it was during this discussion that the neighbor indicated to me that they had no funds to cover their portion of the repairs/replacement. i suggested that they contact the management company and advise THEM of that. during this conversation, i told my neighbor that i was ready with my half of the costs at ANYTIME. i even told them that i knew a couple of sources who could do the work, which would save on labor costs. they declined the idea and said they'd rather make the repairs themselves. they said they would contact the management company, but, apparently never did.....

fast forward to more recent events, keep in mind i never let the matter drop; with the neighbor AND the mgt. co.

i get my quarterly assessment statement in the mail, and note that there is and additional $50. added to my fee. the statement merely described it as, "balance forward". i went to the board website to check for account, and the charge was noted as, "misc charge". that obviously told me nothing.

i sent the board a message, and received the following response: "Thank you for contacting the board. Have you called Select Mgmt yet to ask them about the charge? They are the ones who handle all billing of the resident accounts. They would be the place to start to see what the charge is from. Their number is (XXX) XXX-XXXX. If you need further assistance please let us know."

this morning, i contacted the management co. and was advised by accounting that the $50. charge is a FINE for the fence repair violation, but, if i had questions, i would have to talk to the "admin. department." i was then promptly transferred to.......VOICEMAIL. yes, i did leave a message, and called BACK and laft a message with someone who identified herself as the receptionist.

based on my past experience, i would venture to say i likely will NOT be getting a return call.

please do not suggest the i incur the TOTAL cost for repair/replacement. THAT, is not an option.

thank you for your time!
Submitted: 10 months ago.
Category: Legal
Expert:  Joseph replied 10 months ago.

Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Please let me know what specific question you have regarding your situation.
Customer: replied 10 months ago.

how do i get the management company off my back? i have done all that i can do to encourage the neighbor in the adjoining property to comply. i am on a fixed income, and therefore, afford litigation. i canNOT incur the total cost for the fence repair/replacement, and the cc&r's do NOT legally require that i do so.


 


do i have any options?

Expert:  Joseph replied 10 months ago.
Hello Zuri,

You have two primary options.

1) You can refuse to pay the amount that the management company is requesting and force them to take you to court (if they are willing to do so), at which point you can bring up the CC&R's as a defense. Informing them that you are only liable to pay for half of the fence, which you are, and have been, completely willing to pay for.

2) You can sue your neighbor for indemnification for failing to pay his share of the fence in order to recover for his share of liability, since the management company is not complying with its own rules and regulations in getting the amount that is owed as his share of the fence replacement.



I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4872
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 10 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

    Lawyer

    Satisfied Customers:

    8436
    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:

    8436
    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:

    19941
    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:

    8189
    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:

    2132
    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:

    110
    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:

    31621
    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:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.