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 Tina Your Own Question
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
Tina is online now
A new question is answered every 9 seconds

My daughter and her husband have purchased a 'Shire' home

Customer Question

My daughter and her husband have purchased a 'Shire' home from Lennar in Horizon Place, Sparkd, NV 89436. The separate living space in the 'Shire' has been offered to me, daughter's Mother, to rent for $1,000 per month. It is 550 sq.ft, in which actual living space is 450 sq. ft. Is this space in the 'Lennar 'Shire' legally a rentable space in 89436?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 3 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Expert:  Attyadvisor replied 3 months ago.

Can you tell me of the home they purchased is part of a homeowners association?

Customer: replied 3 months ago.
it part of an HOA.
Expert:  Attyadvisor replied 3 months ago.

What we would need to look at is the governing documents for the HOA. A homeowners association is a mini government governed by the "governing documents" which include:

"Homeowner Associations are governed by a chain of governing documents and laws.

  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes), FHA Condominium Mortgage Insurance, Freedom to Fly the American Flag, EPA 2008 Lead-Based Paint Renovation, Repair and Painting Program Rule, and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.

Considerations:

  • State laws affecting Common Interest Communities vary widely.
  • Bills affecting Common Interest Communities are frequently being introduced in state legislatures and may be in different stages of consideration, approval, or enactment.
  • It is not uncommon to find conflicts within or between governing documents such as the covenants and the bylaws. There may also be conflicts between governing documents and statutes. When this occurs, attorneys must often consider applying Rules of Intepretation.
  • Because of the wide variance in state laws, constant changes and possible conflicts in governing documents or statutes, it is strongly recommended that association boards and members seek legal counsel and especially with firms that have expertise or strong practice experience in the area of Common Interest Community law. A good starting point is to check the HOA-USA Partner Directory for your respective state.

Nevada State Laws:

Customer: replied 3 months ago.
I am not privy to the CCRs of their HOA. Come on! Just give me a cogent answer. I am a Senior Citizen and need your expertise in this matter.. I will pay you $36 and not a dime more.
Expert:  Attyadvisor replied 3 months ago.

Do you have a copy of the governing documents so we can check to see if renting space is permitted?

I am not privy to the CCRs of their HOA. Come on! Just give me a cogent answer. I am a Senior Citizen and need your expertise in this matter.. The governing documents are a contract and they are different for each HOA. Without seeing the governing documents I could not answer the question, nor could anyone else. You are asking me to provide an answer without the information needed to provide an answer.

I will pay you $36 and not a dime more. The site handles all of the billing and customer accounts, if you are being asked for additional money it is not coming from me and you should feel free to ignore the request as it would be my pleasure to continue assisting you in this format at no additional charge.

Do your children have the documents?

Customer: replied 3 months ago.
I do not want to switch to a live phone call. I have stated that I am not privy to CCRs of their CCRs for Horizon Place 'Shire" by Lennar 89436; and if I see a charge of $36, or any other amount by you, I will dispute it at my bank, with whom we have been customers for 18 years, and you can 'go do whatever you should' to yourself. I'm sure you understand that. I will also tell all my friends to not use 'my.justamswer.com' and there are a lot of us boomers out here,L and all over the country. You should be able to access CCRs for this Lennar Horizon Place 89436 so go do 'whatever' to yourselves. Your site is a SCAM.
Expert:  Attyadvisor replied 3 months ago.

I am not asking you for a phone call. Please ignore it.

Customer: replied 3 months ago.
THEN WHAT THE HELL ARE YOU DOING? OBVIOUSLY, ASKING ME TO DO YOUR WORK FOR YOU! We're getting on in years, but, WE ARE NOT STUPID! There are 2 letters which we would like to address to you. The first one is "F."
Expert:  Attyadvisor replied 3 months ago.

Again it would be my pleasure to assist you if you have the documents or they are located online. No attorney could possibly know all of the different association rules for each HOA. Unfortunately you are upset with me or the site offering you the ability for a phone call. Some customers prefer phone calls. If you don't want one that is perfectly fine with me. Now can you tell me if the documents might be online or if your children have them?

Expert:  Attyadvisor replied 3 months ago.

How can I possibly tell you the rules for the HOA without reading them. Do you understand that the governing documents are a contract and that any attorney would need to read the terms to answer a question. You are also being very rude and offensive. That being said if you would like to be reasonable and provide the information I would still be willing to work with you.

Related Real Estate Law Questions