Login|Contact Us
Question and Answer

Real Estate Law

Ask a Real Estate Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

HOA Beach House community

 
Irwin Law's Avatar
  • Answered by:Irwin Law
  • Lawyer
  • Positive Feedback: 93.9 %
  • Accepted Answers: 801
Verified Expert
in Real Estate Law

Recent Feedback

Positive
Clear, concise, even sympathetic.
Positive
Thank you so much! Your quick answer to my specific concerns was much more...
Positive
Type your review here...
Positive
Mr. Law responded in a prompt and professional manner. His information was...
Positive
My question had more to do with case law and the expert gave me an informative...
Positive
Thanks
Positive
Good starting place but not sure its what I need.

Customer Question

The HOA in our beach community contacted us yesterday regarding the placement of our pilings for the rebuild of our beach house after Ike. The piers have been up on the property for 2 1/2 yrs. We have an approved platt from Galveston County but now the HOA says we must be in compliance with their deed restrictions which indicate different requirements. When measuring from the "residence" to the property line. Is the deck considered part if the residence or should the measurement be from the house itself? The HOA also requires approval of plans before house is built. We will provide all documentation but what if they refuse to approve plans although all is in compliance? What recourse does the HOA have if we continue the build if they refuse to approve the plan?

 

Optional Information:
State/Country relating to question: Texas

Submitted: 318 days ago.
Category: Real Estate Law
Value: $64
Status: CLOSED
Picture
Expert:  Irwin Law replied317 days and 23 hours ago.

Hello and thanks for bringing your question to Pearl.com. Deed restrictions can trump building plans that are approval by local authorities. Most often they will be more restrictive. If deed restrictions are disregarded, usually either the association or any member can sue to enforce them. That would mean a court battle to have a judge make the final determination. Therefore, it might be unwise to commence construction before the issue has been fully settled and agreed upon by the architectural committee. The question of whether you measure from the deck or the house itself is so specialized that I cannot comment on it from this distance. There are many factors which might affect that question. I hope that this has been helpful.

I have answered your question. Please click on a 3,4,or 5 rating so that I will be compensated. If you are not satisfied with this answer, please send me a Reply with what you feel is wrong with the answer and what additional information you are seeking.
Clicking on number 1 or 2 is not necessary in order for me to explain my Answer. BONUSES for quick and helpful responses are very appreciated. If you have additional questions, I would be happy to assist, but as a courtesy I respectfully XX XXXXXXXX rating for the original question before you branch off into other new questions.
Also, this answer does not create an attorney client relationship and you are urged to consult a local attorney to verify the accuracy of this answer according to your state's laws and local customs and practice.

Customer replied317 days and 22 hours ago.

What factors might affect the measurement?

Picture
Expert:  Irwin Law replied317 days and 22 hours ago.

I was referring to things like the depth of the lots, if the deck is attached to house & how; how other similar structures in the community were measured. How specific are the deed restrictions when it comes to measuring set-backs etc...

 
Tweet

3 Real Estate Lawyers are Online Right Now

Ask Your Question Now
Ask A Real Estate Lawyer
Type Your Real Estate Law Question Here...
characters left:

Top Real Estate Law Experts

See More Real Estate Lawyers

JustAnswer in the News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Real Estate Law

  • Questions about FHA Rules
  • Questions on Land Contract Laws
  • Questions on Lease Purchase Agreement Laws
  • Questions on Freehold Laws
  • Questions on Breaking a Lease
  • Questions on Exclusive Right to Sell Laws
  • Questions on Tenant Improvement Laws
  • Questions on Land Rights Laws
  • Questions on Buying Rental Property Laws
  • Questions on Division of Property Laws
All Real Estate Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Real Estate Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
102 Real Estate Lawyers are Online Now
Type Your Real Estate Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan