Real Estate Law
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How long ago was the work done?
My guess is six years ago.
Was that management company managing the HOA at that time?
No. It was another company
Did he get the permits from the municipality if they were required?
I'm not clear on that. The project was for a carport extension.
How long ago was the work done? My guess is six years ago.
Was that management company managing the HOA at that time? No. It was another company
Did he get the permits from the municipality if they were required? I'm not clear on that. The project was for a carport extension.
OK, best arguments:
That the previous management company should have turned over the records to them - I guess they didn't operate nor manage correctly and he can't be responsivle for their lack of due diligence, negligence, and carelessness.
That it would be economic waste to tear down something that's already constructed.
That by their failure to complain or ask for the information till now is laches and they are estopped from asking for such.
Laches (/ˈlætʃɨz/; LA-chəz; Law French: "remissness", "slackness", from Old French laschesse) is an "unreasonable delay pursuing a right or claim...in a way that prejudices the [opposing] party" When asserted in litigation, it is an equitable defense, or doctrine. The person invoking laches is asserting that an opposing party has "slept on its rights," and that, as a result of this delay, circumstances have changed such that it is no longer just to grant the plaintiff's original claim. Put another way, failure to assert one’s rights in a timely manner can result in a claim being barred by laches. Laches is a form of estoppel for delay. [Wikipedia]
That by their not doing anything till not - they acquised or consented to the structure.
I would double check with the local municipality and see if he got a building permit - if so, that's additional argument for him.
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