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 Law Pro Your Own Question

Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 22729
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Type Your Real Estate Law Question Here...
Law Pro is online now
A new question is answered every 9 seconds

I AM THE PRESIDENT OF A FOUR UNIT CODOMINIUM ASSOCIATION.

Customer Question

I AM THE PRESIDENT OF A FOUR UNIT CODOMINIUM ASSOCIATION. A BRANCH FELL ONTO THE ROOF AND TWO OF THE UNITS RECEIVED WATER DAMAGE. OUR BYLAWS STATE SPECIFICALLY EACH OWNER MUST HAVE HOMEOWNERS INSURANCE ON THEIR UNIT. ONE MEMBER DID NOT HAVE HOMEOWNERS INSURANCE AND CLAIMED $6,000. IN DAMAGES, BUT ADDRESSED THESE CHARGES TO ME AND THE TREASURER. I REQUESTED RECEIPTS AND THE NAME OF HIS INSURANCE COMPANY. HE REFUSES TO ATTEND ANY HOA MEETINGS, AND IT HAS BEEN BROUGHT UP A NUMBER OF TIMES, BUT HE IS NOT IN ATTENDANCE AND HAS YET TO PROVIDE THE NAME OF THE INSURANCE COMPANY OR RECEIPTS. IT IS REPORTED BY ANOTHER MEMBER THAT HE HAD NO INSURACE AT THE TIME OF THE INCIDENT, BUT HE HAS NEVER ADDRESSED THE HOA NOR MYSELF. THE TREASURER HAS SOLD HIS PROPERTY AND IS WAITING TO HAVE THE SALE CLOSED, BUT THIS COMPLAINTANT IS NOW SAYING THAT HE WILL MEET PRIVATELY WITH THE TREASURER FOR PERSONAL FINANCIAL RESOLUTION.
THIS GUY HAS NEVER PROVIDED US WITH ANY PROOF OF DAMAGE, COSTS OF DAMAGE,NOR NAME OF HIS HOMEOWNERS INSURANCE COMPANY.
THIS MEMBER IS THREATENING A LIEN ON THE TREASURERES PROPERTY. BECAUSE THIS SITUATION COULD VERY EASILY RUIN THE SALE OF THE TREASURERS PROPERTY, SHOULD HE DISCLOSE THIS RIDICULOUS SITUATION TO THE BUYERS?
COULD WE, AS AN ASSOCIATION, CHARGE EXTORTION, SINCE HE IS REQUESTING MONEY FROM THE TREASURER AND KNOWS VERY WELL THAT THE SALE OF HIS PROPERTY MAY BE QUASHED IF MONEY IS NOT PAID TO THIS COMPLAINTANT?
THANK YOU FOR ANY ASSISTANCE YOU MAY BE ABLE TO OFFER.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Law Pro replied 8 months ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX X'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


This association - there are CC&Rs and articles of incorporation for it?

This association is reflected on the owner's deeds?
Customer: replied 8 months ago.

THERE ARE ARTICLES OF INCORPORATION. I DON'T KNOW WHAT A CC&R IS AND I DON'T KNOW IT IS REFLECTED ON THE OWNER'S DEED.

Expert:  Law Pro replied 8 months ago.
CC&Rs = Declarations of Covenants, Conditions and Restrictions commonly known as the CC&Rs.

Sorry for any confusion.


Documents governing the HOA are divided into 2 basic types: 1) documents that restrict the use of the property or the behavior of residents concerning the property, and 2) documents that govern the corporate entity embodying the HOA.

HOA docs that restrict the use or behavior of the owners are:

1) the CC&Rs
2) the rules and regulations, and
3) the architectural guidelines.

HOA docs that govern the corporate entity are:

1) the Articles of Incorporation
2) the By-Laws, and
3) resolution of the Board of Directors


Since it's mandatory that the owner was to carry insurance - but you're not sure if they did or not.


What are the owners and what is the association responsible for as to the structures?


Customer: replied 8 months ago.

THE HOA IS RESPONSIBLE FOR THE EXTERIOR OF OUR BUILDING (AN OLD MANSION),ROOF, THE COMMON AREAS, AND THE GROUNDS. WE PAY INSURANCE ON THOSE AREAS FROM THE TREASURY.

Expert:  Law Pro replied 8 months ago.
OK. Thanks for that information.

A BRANCH FELL ONTO THE ROOF AND TWO OF THE UNITS RECEIVED WATER DAMAGE.

OUR BYLAWS STATE SPECIFICALLY EACH OWNER MUST HAVE HOMEOWNERS INSURANCE ON THEIR UNIT.

The association would be responsible for the roof repairs. As to the interiors - the owners are responsible and are to have insurance.


ONE MEMBER DID NOT HAVE HOMEOWNERS INSURANCE AND CLAIMED $6,000. IN DAMAGES, BUT ADDRESSED THESE CHARGES TO ME AND THE TREASURER. I REQUESTED RECEIPTS AND THE NAME OF HIS INSURANCE COMPANY.

I'm wondering if your By-Laws allow for assessing fines and penalties?


HE REFUSES TO ATTEND ANY HOA MEETINGS, AND IT HAS BEEN BROUGHT UP A NUMBER OF TIMES, BUT HE IS NOT IN ATTENDANCE AND HAS YET TO XXXXX OF THE INSURANCE COMPANY OR RECEIPTS.





IT IS REPORTED BY ANOTHER MEMBER THAT HE HAD NO INSURACE AT THE TIME OF THE INCIDENT, BUT HE HAS NEVER ADDRESSED THE HOA NOR MYSELF. THE TREASURER HAS SOLD HIS PROPERTY AND IS WAITING TO HAVE THE SALE CLOSED, BUT THIS COMPLAINTANT IS NOW SAYING THAT HE WILL MEET PRIVATELY WITH THE TREASURER FOR PERSONAL FINANCIAL RESOLUTION.

Resolution of what - his damages? Although he's failed to provide any documentation of anything?

THIS GUY HAS NEVER PROVIDED US WITH ANY PROOF OF DAMAGE, COSTS OF DAMAGE,NOR NAME OF HIS HOMEOWNERS INSURANCE COMPANY.
THIS MEMBER IS THREATENING A LIEN ON THE TREASURERES PROPERTY. BECAUSE THIS SITUATION COULD VERY EASILY RUIN THE SALE OF THE TREASURERS PROPERTY, SHOULD HE DISCLOSE THIS RIDICULOUS SITUATION TO THE BUYERS?

My question is - the lien would be based on what? A lien is limited to or for - a material supplier that supplied materials but didn't get paid, a contractor who did work but didn't get paid, an HOA for the dues and assessments against a member/owner.



COULD WE, AS AN ASSOCIATION, CHARGE EXTORTION, SINCE HE IS REQUESTING MONEY FROM THE TREASURER AND KNOWS VERY WELL THAT THE SALE OF HIS PROPERTY MAY BE QUASHED IF MONEY IS NOT PAID TO THIS COMPLAINTANT?

Did he file a legal suit in this matter? Or who did he file his complaint with?


Where in OH is this going on?
Customer: replied 8 months ago.

WE HAD THE ROOF REPAIRED AND PAID FOR IT. HE WILL NOT PROVIDE ANY VERIFICATION OF ANY DAMAGES NOR INSURANCE AND YET KEEPS THREATEN ING THIS FELLOW WHO WANTS TO SELL HIS PROPERTY WITH A LIEN AGAINST THAT PROPERTY. OF COURSE, THE LIEN WOULD BE DENIED IN ANY SANE COURT, BUT IT IS THE THREAT AGAINST THE PROPERTY THAT WOULD MAKE THE BUYERS BACK OUT OF THE DEAL, BUT IF THE SELLER DOES NOT INFORM THEM, HE COULD BE HELD RESPONSIBLE FOR NON-DISCLOSURE OF THIS LIEN POSSIBLITY.


HE HAS NOT FILED A SUIT AS YET, BUT TODAY SENT THE TREASURER (SELLER) NOTIFICATION BY EMAIL THAT UNLESS HE MEETS WITH HIM PRIVATELY, HE WILL FILE WITHIN THE WEEK. HE STILL REFUSES TO DISCUSS THIS MATTER AT AN HOA MEETING.


OUR BYLAWS DO NOT ADDRESS PENALTIES OR FINES.


HE PUT THE LETTER IN THE MAILBOX OF THE TREASURER AND I--ADDRESSING ONLY THE TWO OF US AND DEMANDING THE $6,000. AND LISTED CLEAN UP COSTS, MATTRESS, UNABLE TO USE HIS BEDROOM, WITH COSTS FOR EACH ITEM LISTED, BUT NO RECEIPTS.


THE PROBLEM MAY KEEP THE SELLER FROM BEING ABLE TO SELL HIS UNIT WITH THE THREAT OF LAWSUIT AND LIEN UNLESS THE SELLER PAYS FOR THESE TRUMPED UP EXPENSES. WHO WOULD WANT TO BUY A CONDO THAT MAY BE INVOLVED IN A LAWSUIT? AND WHO WOULD WANT TO DISCLOSE SUCH LAME CRAP TO A BUYER?


THIS IS HAPPENING IN CINCINNATI, OH. HAMILTON COUNTY.


I WOULD BE HAPPY TO HAVE YOU BE PAID, BUT I DON'T SEE ANY 3, 4, OR 5 STAR OR FACE TO PRESS.

Expert:  Law Pro replied 8 months ago.
Sin city - I used to live in Hyde Park. Loved it!! Used to love the taking part in the drinking/social event where the city would have buses make the various loops around the city around St. Patrick's day (I can't think of what that event was called anymore - but they don't do it anymore[NOW I remember the "Pub Crawl") Too, go every other year for Xmas cheer and meet all my fraternity brothers there. Everyone once in awhile I see Buffet there with the guys too.

OK, on to your question.

WE HAD THE ROOF REPAIRED AND PAID FOR IT. HE WILL NOT PROVIDE ANY VERIFICATION OF ANY DAMAGES NOR INSURANCE AND YET KEEPS THREATEN ING THIS FELLOW WHO WANTS TO SELL HIS PROPERTY WITH A LIEN AGAINST THAT PROPERTY. OF COURSE, THE LIEN WOULD BE DENIED IN ANY SANE COURT, BUT IT IS THE THREAT AGAINST THE PROPERTY THAT WOULD MAKE THE BUYERS BACK OUT OF THE DEAL, BUT IF THE SELLER DOES NOT INFORM THEM, HE COULD BE HELD RESPONSIBLE FOR NON-DISCLOSURE OF THIS LIEN POSSIBLITY.

There is nothing to disclose because the crazy neighbor CANNOT file a legal lien.

The property owner should inform the crazy neighbor that if he in any way damages his prospective deal selling his property that he will sue him for tortuous interference with contractual relations. That if he in any way jeopardises the deal or prospective sale - that he would potentially be liable for his damages or lost sale.

Wrongful or Tortious Interference with Contracts occurs where a person causes a party to commit a breach of contract, or where the person has disrupted the ability of a party to perform their obligations under a contract. It is also known as “tortious interference with contract rights” or “intentional interference with contractual relations”. The person causing the interference (the “tortfeasor”) is usually a third party who is not included in the contract.

Tortious interference is a serious violation and falls under tort law rather than contract law. Because it considered a tort, the act which induces the breach must be intentional. The tortfeasor must have the intention not only to commit the act, but must also have the intent that the act will result in a breach of the contract.

[legalmatch.com/law-library/article/wrongful-or-tortious-interference-with-contracts.html]

The crazy neighbor can't file a lien - the court clerk wouldn't accept it because there is no basis for such. Moreove if he did file a lien the property owner could sue him for malicious prosecution and abuse of process.

Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.

Abuse of process is a cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action.

The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings. Abuse of process can be distinguished from malicious prosecution, in that abuse of process typically does not require proof of malice, lack of probable cause in procuring issuance of the process, or a termination favorable to the plaintiff, all of which are essential to a claim of malicious prosecution. "Process," as used in this context, includes not only the "service of process," i.e. an official summons or other notice issued from a court, but means any method used to acquire jurisdiction over a person or specific property that is issued under the official seal of a court.

HE HAS NOT FILED A SUIT AS YET, BUT TODAY SENT THE TREASURER (SELLER) NOTIFICATION BY EMAIL THAT UNLESS HE MEETS WITH HIM PRIVATELY, HE WILL FILE WITHIN THE WEEK. HE STILL REFUSES TO DISCUSS THIS MATTER AT AN HOA MEETING.


My response would be - you file suit and we will not only vigorously defend but file a counterclaim against you. Moreover, even if you don't file suit we are thinking of filing suit against you for violation and breach of the By-Laws. I would inform him that he has 5 days to comply with your request as to the insurance information or you will pursue your legal remedies which may include filing suit and placing a lien against his property.


OUR BYLAWS DO NOT ADDRESS PENALTIES OR FINES.


Then you can't assess such. You should think about amending them so you can if future events would dictate such.

HE PUT THE LETTER IN THE MAILBOX OF THE TREASURER AND I--ADDRESSING ONLY THE TWO OF US AND DEMANDING THE $6,000. AND LISTED CLEAN UP COSTS, MATTRESS, UNABLE TO USE HIS BEDROOM, WITH COSTS FOR EACH ITEM LISTED, BUT NO RECEIPTS.

 

 

I wouldn't respond to that request but make your demands yourself.


THE PROBLEM MAY KEEP THE SELLER FROM BEING ABLE TO SELL HIS UNIT WITH THE THREAT OF LAWSUIT AND LIEN UNLESS THE SELLER PAYS FOR THESE TRUMPED UP EXPENSES. WHO WOULD WANT TO BUY A CONDO THAT MAY BE INVOLVED IN A LAWSUIT? AND WHO WOULD WANT TO DISCLOSE SUCH LAME CRAP TO A BUYER?


No need to disclose because there is nothing to disclosed. Another threat and I would also inform him that extortion is illegal and that is what he's doing. That the District Attorney might be interested in his threats.


This guys is a jerk and absolutely has no legal claims. Moreover, he's probably liable to the association if they had to pay for matters he should have been insured for.

 

 

 

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

 


Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 22729
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Law Pro and 10 other Real Estate Law Specialists are ready to help you
Customer: replied 8 months ago.

HI, THANK YOU SO MUCH FOR THIS INFORMATION. IT HAS CERTAINLY RELIEVED ME AND I WILL SHOW THIS TO THE TREASURER. I WAS DELIGHTED TO FIND OUT YOU KNOW CINCINNATI--THIS 4 UNIT MANSION IS ON EDEN PARK ON KEMPER LANE OFF COLUMBIA PARKWAY. STOP BY. WE'LL HAVE A BARBECUE ON THE PORCH AND MAYBE HOLD AN HOA MEETING.


THANKS AGAIN,


BARBARA (BRULEE) SLOAN


2122 KEMPER LANE


CINCINNATI, OH 45206

Expert:  Law Pro replied 8 months ago.
Hi!

It's been awhile since I lived there. I have a soft spot for Cincinnati still. I used to take the Columbia Pkwy routinely. Where you're located is a great area.

Yes, inform the Treasurer and they have nothing to worry about. The neighbor is just spouting off and clearly doesn't know what he's talking about. Spouting off to the point that they are could find themselves on the other side of the law and most certainly liable if they would try anything.

I'd love to stop by sometime - yes, even have a board meeting.



If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

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
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.