Join the 9 million people who found a smarter way to get Expert help

Recent Association questions

Florida HOA Isn't there a particular format an attorney, esp

Florida HOA Isn't there a particular format an attorney, esp an HOA board attorney should follow to render an opinion, such as with letterhead and his signature? I have an "opinion" from a board attorney that was apparently from an email, with his email address redacted, and with no signature or his name. I have an opinion from him with no letterhead or email address. It has what looks like his printed name stamped on the bottom. Also, should he be telling the board that a committee should be fired for not following one of his opinions? To me, it is not his place to even make suggestions about such things.

Read more

Asad Rahman

Attorney

J.D.

4,146 satisfied customers
Need to know how to resign from a Townhouses Maintenance

Need to know how to resign from a Townhouses Maintenance Association for Breach of Contract in that services promised in the Articles of Incorporation are not furnished.JA: Where is the property located?Customer: Houston, TX 77070JA: Has any paperwork been filed?Customer: Not at this time. Need to know what the legal requirements are and how to locate an specialist in this area of the law.JA: Anything else you want the lawyer to know before I connect you?Customer: Have been unable to get any assistance from the Board. What are the restrictions on spending Assoc. Funds for property maintenance on property not in the Assoc.

Read more

Attyadvisor

Doctoral Degree

7,830 satisfied customers
Our HOA Board informed us of" Board standards" enforcing a

Our HOA Board informed us of " Board standards" enforcing a demand to remove 3 pots from our front yard. There is NO SUCH CLAUSE or any such "standards" in the CCRs about pots, size, style, quantity or placement? (We are fully cognizant of the CCRs & are 100% confident of the aforementioned statement). We previously had 7 large terra cotta pots at one time in the front yard (never a Board comment on these!) & replaced them recently with 3 travertine pots, 2 of these which are smaller!! The Board's argument is that the previous pots were placed against the house wall. But only 3 were. We also have large boulders in the front yard which the Board does not object to and believe that the Board just does not like the style of these pots & surely is just being heavy handed. We have a letter from the Board warning us of financial penalties if we do not remove all 3 pots. Deadline to remove pots is January 20th. Mediation is our next step if we choose to do so but because of expenses prefer to tackle this on our own. Can the Board enforce arbitrary "standards" not addressed in the CCRs & just at their discretion? What is your opinion about such arbitrary "standards"; and do you have a course of action other than mediationJA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: CaliforniaJA: Has any paperwork been filed?Customer: with whoJA: Anything else you want the lawyer to know before I connect you?Customer: We had communications with the Board & we do not agree

Read more

38,788 satisfied customers
We owned our property free and clear in 2005 and we opened

We owned our property free and clear in 2005 and we opened an equity line with Wells Fargo Bank in the amount of 980,000. We paid an add fee to waive the balloon payment. When we received the loan docs to sign the docs stipulated a balloon payment. A Wells Fargo rep said the correction would be made internally. It never was even though we paid $4,800 for the add fee. They are trying to sell our house as a result of the balloon payment. Under Dodd Frank or Assembly Bill AB406, is this legal?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has any paperwork been filed?Customer: YesJA: Anything else you want the lawyer to know before I connect you?Customer: No

Read more

38,788 satisfied customers
I built a home in 2006 in a subdivision that has an

i built a home in 2006 in a subdivision that has an association written in to the deed. My city recently changed the zoning from single family to multi family which contradicts what is written in to our deeds. Can this be reversed to preserve the single family status of my neighborhood?JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: OhioJA: Has any paperwork been filed?Customer: To reverse the zoning?JA: Anything else you want the lawyer to know before I connect you?Customer: The multi family zoning change has already been put in effect and two properties combined for a new "town house " style structure, which is almost done. What can we do to prevent anymore of these structures from being built?

Read more

Irwin Law

Juris Doctor JD

9,294 satisfied customers
We're looking at a home to buy-It has land that goes down to

We're looking at a home to buy-It has land that goes down to the edge of a private lake. The notes and agent say it has Lake Access but I don't know what that means. Do I have full access to the lake for fishing and kayaking?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Has any paperwork been filed?Customer: We are just talking about the property right now.JA: Anything else you want the lawyer to know before I connect you?Customer: That's it. Just wondering how to know I have the ability to kayak and fish.

Read more

Loren

Juris Doctor

40,198 satisfied customers
Tina. I own a condo in Savannah, GA. Just prior to closing

Hi Tina. I own a condo in Savannah, GA. Just prior to closing in May 2015, on walk-thru with my realtor, it began to rain and a leak in the downstairs was discovered. The HOA and management company was notified, acknowledged the problem and advised that they would take care of the issue as it was a problem with the seams on the outside of the building. The prior owner included a disclosure statement that this had been an issue before and that the HOA has "fixed" the problem. Obviously not. Since then, the original management company/builder (who sat on the board of directors) was fired, a new management company was hired, a building inspector was hired to determine the extent of the structural deficiencies, and lawsuit was filed by the HOA against the builder about construction deficiencies that have caused water intrusion and mold issues. A settlement was reached in 2016 rather than continue to push for correction by the builder and his contractors due to the cost of continued litigation and the unwillingness of some owners to continue. The HOA got about 20K to do repairs. They used part of this money to pay for the inspection and legal fees, and then imposed a special assessment in the form of increased condo fees, to secure a loan to do the repairs. In the meantime, hurricane Matthew hit and everyone in Savannah was ordered to evacuate. The unit does not always leak when there is rain, but driving rain with sustained high winds is certain to cause water to enter. I returned to significant water damage despite placing buckets where I commonly see leaks. The floors, hardwood bamboo, are ruined. Finally, work has begun to repair seams, reseal windows, and seal the concrete exterior. The association board and management company has stated that any repairs on the inside are the responsibility of the owner and their insurance company. Insurance has denied the claim. What recourse do I have? I purchased the unit in good faith with the understanding that the issues I raised before closing would be address in a timely manner. This condo was purchased as a family home. We are typically assigned to live and work outside of the country for 2 - 3 years at a time, but have a son in college who stays in the unit full time. I have been trying to deal with this issue from overseas, but have had the chance to be in the US for a while between posting. I am in good standing with fees and believe the cost of replacing the floor should be shared by the association. By the way, it's not just my unit that is impacted. There are 3 buildings and all have the same issues. I would like to withhold fees for a few months (excluding the amount for the special assessment for the loan) to cover a portion (1/2) of the cost to replace the floors once the work to the exterior is done. I have no confidence in the board to do what is fair. What to do? Thank you. ***** Condo OwnerJA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: GAJA: Has any paperwork been filed?Customer: Yes but not legal. Insurance claim (denied). But this is not against the insurance company (yet). Concerns HOAJA: Anything else you want the lawyer to know before I connect you?Customer: I am trying to find a way forward before going overseas in a month or sooner

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,750 satisfied customers
Can a HOA unlinlaterally annex adjacent property into their

Can a HOA unlinlaterally annex adjacent property into their jurisdiction that was never under the jurisdiction of the HOAJA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: TexasJA: Has any paperwork been filed?Customer: Existing situation is 29 lots (with homes) were never included in the original HOA from inception 56 years ago. The neighbors running the Property Owners association got tired of doing the work and hired an HOA management firm. Less than a year later the HOA management firm issued invoices to the 29 lot owners for HOA dues, past and present for the prior two yearsJA: Anything else you want the lawyer to know before I connect you?Customer: The documents of deed restrictions filed with the county 56 years ago spell out each and every lot that is under the jurisdiction, and this DOES NOT include the said 29 lots. Things went well for 56 years. When I bought my lot (1 of the 29) 30 years ago, I was told, (and shown the adjacent neighborhood's deed restrictions - which did not include my lot), that my lot 1. was NOT subject to their deed restrictions: 2. My lot allowed ZERO votes in the adjacent neighborhood's Property owner's business while lots under their jurisdiction had 2 votes each 3. We did not pay dues to their association, but we could join their neighborhood owned swimming pool if we paid dues at a higher rate than their residents

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,750 satisfied customers
I hopeyou can help me, my neighbor has his property level

I hopeyou can help me, my neighbor has his property level 3ft higher than normal I have pictures of this with a yard stick showing what he did. When rains its floods the whole property next door to me that stays under water 11 months out of the year. It That property is underdeveloped, now the water has gone onto my property about half of my property .Adding the extra dirt on his acre he has change the natural flow of water that causes it to drain off his property to ours. He has never move in to the house he built a while ago Our homeowners Association has never enforced any of their laws so any can do any thing around hereJA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: Cypress Tx. I did email Richard Alderman the "peoples lawyer" he is the one who said about cannot change the natural flow of waterJA: Has any paperwork been filed?Customer: No I did know how to go about fixing this problemJA: Anything else you want the lawyer to know before I connect you?Customer: Yes about the Homeowners Associtaion, 13 years i have lived here they again have not envorce any of their laws do i still have to pay my maintenance dues over half the people wh live out here have not paid theirs either

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,750 satisfied customers
View more real estate law questions
In The News