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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5647
Experience:  28 years of experience in general practice, real estate law and estate law.
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I just got an attorney here, but maybe a second opinion

Customer Question

I just got an attorney here, but maybe a second opinion would be good. My hoa wants me to remove my shed located in the far corner of my backyard about 7' high , 5 feet wide and 8 feet deep. My covenants say no sheds. It has been there for 17 years. I live in Nebraska.
Therese
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 12 months ago.

Welcome and thank you for your question. It is interesting that the HOA waited so long to ask you to remove the shed. Unfortunately there is no statute of limitations period that the board must enforce a CC&R or lose the ability to do so. This is a link for the laws that govern HOA's in Nebraska http://www.hoa-usa.com/statelaws/ne.aspx. What could be beneficial is if any other owners have sheds and have not been required to remove them. Are there any other owners with sheds?

Expert:  Attyadvisor replied 12 months ago.

The issue is that the board has the duty to enforce the rules. Failure of the board to enforce the rules can result in removal or the possibility of owners taking legal action against the board http://www.nolo.com/legal-encyclopedia/can-homeowners-make-the-hoa-enforce-rule.html. That being said the rules need to be enforced uniformly. Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I may receive credit for my work I would appreciate it. Thank you for using JA!

Expert:  Attyadvisor replied 11 months ago.

Have you spoken to your attorney? Do you have any additional questions for me?

Expert:  Attyadvisor replied 10 months ago.

Therese I still have not heard back from you. Do you have any additional questions for me?

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