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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12099
Experience:  JD, MBA
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Can someone take actions not for monetary gain but to

Customer Question

can someone take actions not for monetary gain but to correct a situation using "The Clean Hands Doctrine".
Submitted: 8 months ago.
Category: Legal
Expert:  TJ, Esq. replied 8 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. However, I am unclear about your question. Can you provide a little background information and perhaps clarify the question? Thank you.

Customer: replied 8 months ago.
I live in a condo community with-in a housing development.I had trees approved to be planted in common area of the development. There was a board member on the development board that added a vote to the agenda to cut them down. The board stated that condo association had the decisions. The condo board had stipulations that need to be in place before they could act. None of them were adhered to and cut them down.
Customer: replied 8 months ago.
Do I need to know is do i need permission to replant? They are now saying there are new stipulations to do so.
Expert:  TJ, Esq. replied 8 months ago.

Hello again. Thank you for the additional information.

Q: Do I need to know is do i need permission to replant?

A: No, you would not need permission to replant because you already received permission to plant the first time around. This assumes that you are correct that the board did not have the power at the time to have the trees removed. If that is the case, then you can rely upon the original permission that you were granted to plant the trees. My only concern would be that you would be wasting your time and money because the board ultimately have them removed again, and this time do it correctly, and you will not be allowed to replant.

Customer: replied 8 months ago.
It wasn't the board that had them removed. It was a board member that did. knowing she went against the boards ruling. I spoke to the board pres. he kept saying she did it as a resident and not as a board member.
Expert:  TJ, Esq. replied 8 months ago.

Hello again.

Then that makes your argument to replant even stronger.

Expert:  TJ, Esq. replied 8 months ago.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 8 months ago.
I have the permission to replant with new stipulations to what I can plant to not obstruct the board members view that had them cut down. How do I present this that I don't need to get new permission with new stipulations?
Expert:  TJ, Esq. replied 8 months ago.

Hello again.

If the board is giving you new stipulations, then you must abide by those stipulations. The reason is simply that the board can decide when and if to revoke any permission that you previously had, or to remove any trees that it previously gave you permission to plant.

Customer: replied 8 months ago.
There were stipulations set to cut them down that weren't followed. Isn't there a destruction of private property here? Isn't there a clean hands law? I thought you couldn't benefit from a criminal act?
Expert:  TJ, Esq. replied 8 months ago.

Hi again.

Unless I misunderstood, even though you planted the trees, the trees were the property of the HOA. Accordingly, it is for the HOA to determine whether to take action for destruction of property or not.

Customer: replied 8 months ago.
They gave stipulations to cut them down and they were not followed by the board member to proceed and then cut down.Now they are down and I talked to the president of the board and he told me to prove the original agreement. I think I have that...Look bud I'm not a rich man sooo.....Is it an extra $59.00 to talk on the phone?
Expert:  TJ, Esq. replied 8 months ago.

Hi again.

Unfortunately, I am not available for a phone call. But I can continue helping via this website.

Expert:  TJ, Esq. replied 8 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue.