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Recent Condominium Association questions

This is in Memphis TN. A condominium association is about to

This is in Memphis TN.A condominium association is about to close the pool in the facility.1. Pool has been closed for several years, not sure how long 5 plus or minus years. This has been done by the board for budgetary reasons.2. Owners, thought displeased, have allowed it.3. The present action of filling the pool in and forever losing its value is not acceptable to any owner that I am aware of. It is considered a major value to ones home value.4. We wish to take action against the board to stop this based upon the following from the "Master Deed"."No partition Permitted. The common elements, as hereinafter defined, shall remain undivided and shall not be the object of an action for partition or for division by judicial proceedings or otherwise. Likewise no unit nor the undivided interest in the common elements incidental thereto shall be partitioned in kind nor subdivided into small units by judicial proceedings or otherwise, except with the consent of eighty-five (85%) or more of all owners granted in a meeting of the Council of Co-owners and with the prior written consent of all holders of first mortgage liens on individual units.5. We would like to take legal action to stop this immediately via what appropriate method is open to us, if any.

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Attorney 1

Managing Attorney

3,636 satisfied customers
I BOUGHT A BRAND NEW CONDO IN PA. IN 2008. AT THE TIME, I

I BOUGHT A BRAND NEW CONDO IN PA. IN 2008. AT THE TIME, I DISCLOSED TO THE BUILDER THAT I WAS BUYING IT TO RENT OUT. THE BUILDER NOTED THAT IN HIS RECORDS. THE CONDO DOCUMENTS REQUIRED THAT FOR RENTALS THERE WOULD BE A $500 MOVE IN FEE AND A $500 MOVE OUT FEE AS WELL AS A REFUNDABLE $500 SECURITY DEPOSIT EACH TIME A MOVE WAS MADE.JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: I JUST RECEIVED A LETTER FROM THE CONDO MANAGER THAT THERE ARE NOW REQUIRING AN ADDITIONAL NON-REFUNDABLE FEE OF $1000 EACH TIME A RENTAL UNIT IS TURNED OVER TO A NEW TENANT. THEY CLARIFY THAT IT IS IN ADDITION TIO THE $500 MOVE-IN MOVE OUT FEES. THE CONDOJA: Has any paperwork been filed?Customer: THE CONDO IS IN PENNSYLVANIA AS I INDICATED PREVIOUSLY.JA: Anything else you want the lawyer to know before I connect you?Customer: THE MESSAGES I SEND YOU DON'T LET ME STOP TYPING WITHOUT BLOCKING MORE. THE EXECUTIVE BOARD OF THE CONDO AMEDED THE LEASING REGULATIONS BY EXPANDING RUEL 3.3 AS REFLECTED ON EXHIBIT A. THE PRESIDENT OF THE ASSN IS AN ATTORNEY . THE RESOLUTION SAYS THAT THE FEE IS TO COVER COSTS OF THE PAPERWORK NEEDED WHEN A NEW TENANT MOVES INTO THE BUILDING. THE $500 SHOULD BE ENOUGH TO COVER PAPERWORK IN MY OPINION. THE $1000 IS A PUNISHMENT BECAUSE THE RESIDENTS DO NOT WANT RENTALS. SINCE I AM GRANDFATHERED THEY ARE TRYING TO MAKE ME SELL BECAUSE THEY WANT TO MAKE RENTING TOO EXPENSIVE FOR ME. THE $1000 FEE IS NOT REASONABLE IN MY OPINION.

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Damien Bosco

Attorney

Doctoral Degree

4,058 satisfied customers
I am on the board of our condominium association. Last year

I am on the board of our condominium association. Last year a co-owner stuck us with over $5000.00 in unpaid fees when he filed for bankruptcy.This year he's about 6 months behind. He keeps promising the management company he'll pay. The chances of that are very slim. Other than placing a lien on his condoIs there anything else we can do? Our fees cover water, trash, common area maintenance, grounds, insurance etc. can we have his water shut off?We live in Michigan. If not would we be wasting time and money filing in small claims court?

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INFOLAWYER

Attorney

Juris Doctor.

43,338 satisfied customers
I signed a lease in florida for my son, it was at a condo,

I signed a lease in florida for my son, it was at a condo, didn't know there was a difference when we worked with a realestate agent to find the spot. Anyhow, I and my husband are on the lease, but we reside in Texas and my son who lives there lives in the apt/condo whatever it is classified as. They are now telling me that he needs to be on the lease, I have no issue with that except that they want to make him a co-applicant on paper, he needs a 650 credit score and he is 21 so that may not happen, and he needs proof of pay stubs. I am launching a new business out there and I don't have pay stubs for him because he works for me and I pay his rent. Please advise I am dealing with an Club Condominium Association.JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: FloridaJA: Has any paperwork been filed?Customer: a current lease with my informationJA: Anything else you want the lawyer to know before I connect you?Customer: Yes, Can they evict us if we don't meet that criteria, also the rental management team didnt' seem to make this an issue, the owner of the property doesn't have a problem with it, it just seems the association does, because I don't physically live there. They told me noon can cohabit there more than 89 days consecutively without being a co-applicant. I don't have a problem with this except he can't make the credit score and he has no proof of income because he is my son and our business is just getting started. Is this a legitimate reason in the eys of an association?

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RealEstateAnswer

Juris Doctor

37,896 satisfied customers
We are under contract on a house in Florida. I got a loan

We are under contract on a house in Florida. I got a loan estimate from my financier and see title charges are my responsibility, however when I read the contract it appears the seller is responsible for the owner's policy & charges and possibly also the lender's policy & endorsements. The home is a Fannie Mae Homepath property (REO property).I asked my finance guy why they were on my loan estimate and his response was: These appear to be costs that the Seller is requiring you to pay per contract as they are included on your Loan Estimate (LE). He then asked if I had a real estate attorney to review the contract, hence why I'm reaching out.The contract is a standard: "AS IS" Residential Contract For Sale and Purchase approved by Florida Realtors and the Florida BarThe verbiage per the contract states:CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS:(a) COSTS TO BE PAID BY SELLER:- Documentary stamp taxes and surtax on deed, if any- Owner's Policy and Charges (if Paragraph 9(c)(i) is checked) <--- THIS- Title search charges (if Paragraph 9(c)(iii) is checked)- Municipal lien search (if Paragraph 9(c)(i) or (ii) is checked)- HOA/Condominium Association estoppel fees- Recording and other fees needed to cure title- Seller's attorneys' fees(b) COSTS TO BE PAID BY BUYER:- Taxes & recording fees on notes & mortgages- Recording fees for deed & financing statements- Owner's Policy and Charges (if Paragraph 9(c)(ii) is checked)- Survey- Lender's title policy & endorsements <-- THIS CONTRADICTS THE ADDENDUM BELOW- HOA/Condominium Associations application/transfer fees- Municipal lien search (if Paragraph 9(c)(ii) is checked)- Loan expenses- Appraisal fees- Buyer's inspections- Buyer's attorneys' fees- All property related insurance- Owner's Policy Premium (if Paragraph 9(c)(iii) is checked)The box checked on the contract is Paragraph 9(c)(i) and states:Seller shall designate Closing Agent and pay for Owner's Policy and Charges, and Buyer shall pay the premium for Buyer's lender's policy and charges for closing services related to the lender's policy, endorsements and loan closing, which amounts shall be paid by Payer to Closing Agent or such other provider(s) as Buyer may selectIn addition to the standard contract we signed a Real Estate Purchase Addendum which "is to be made part of, and incorporated into, the Real Estate Purchase Contract".Within the Addendum, section 10: Closing Costs and Adjustments:10(f): Title and Closing Services. Purchaser will obtain title and escrow services from (check one):The box that's checked reads: Seller's escrow closing and title provider and title insurance company used by Seller's provider. If Purchaser selects this option, Seller shall pay for the owner's and lender's title insurance policies. Purchaser and Seller agree that Seller's payment of the title insurance products is limited to the amount that Seller would pay its provider under its agreement with the provider for a basic residential owner's and lender's title insurance policy or their equivalent.The other, unchecked, box specifically states: Other escrow closing and title provider. If Purchaser selects this option, Purchaser shall bear the expense for all title insurance costs associated with the transaction, regardless of local custom, requirements or practice.The costs associated with these services are as follows (per my Loan Estimate (LE):- Title-Endorsements: $150- Title-Lenders Title Insurance: $1,170- Title-Settlement Fee: $695- Title-Owner's Title Insurance (optional): $1,225TOTAL: $3,240When we purchased a house 6 years ago we paid $1,040. Granted that home cost $85k less than this one, but the amount we're being told to pay is triple and we have no say over the company that's used.I appreciate the assistance. I do have the entire contract in case I'm missing anything. Thank you, Jessica

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Irwin Law

Juris Doctor JD

10,078 satisfied customers
I have a question regarding our condominium association. One

JA: What state are you in? It matters because laws vary by location. Customer: I have a question regarding our condominium association. One of the owners here has listed her unit on Airbnb, which is totally against our Association By Laws. She and her husband have been a big problem for years. They are currently six months behind in their dues which has a big impact on our assoc. finances - we only have eight units and are knowingly defying the Association by renting their unit in this way. According to the by laws, you can have no short term rentals under six months long. It also specifies overnight and vacation rentals. We are on Washington state JA: Has anything been filed or reported? Customer: No. Where do we do that? We sent them this threatening letter saying that we will take legal action but don't know how to proceed from here JA: Anything else you want the lawyer to know before I connect you? Customer: I think that's basically it. We'd like to know what to do next, etc. And how to do it. We are such a small Association that money for legal fees is a problem

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Roger

Litigation Attorney

Doctoral Degree

35,178 satisfied customers
Can a Condo Board limit the number of units (e.g. by

Can a Condo Board limit the number of units (e.g. by percentage) that can be rented in a condo building?JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: Ontario CanadaJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: What constitutes a rental; e.g. if a child buys the unit for his parents who then pay the common fees while the owner covers items like the costs of special assessments

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KJL LAW

Juris Doctorate

2,784 satisfied customers
Can I have pet for depression companion in apartment that

can I have pet for depression companion in apartment that does not allow pet?JA: Where is the property located?Customer: Los Angle, CAJA: Has any paperwork been filed?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: My daughter got 60 days notice from apartment manager to move out. Because she got a cat.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,958 satisfied customers
I am being charged legal fees for outstanding maintenance

I am being charged legal fees for outstanding maintenance fees. I was not previously aware there was an outstanding balance. I received correspondence from my management company several times but nothing was brought to my attention. They then referred the delinquency to a lawyer and I'm responsible for legal fees. I am eager to settle the maintenance debt as I was not aware that my payments did not go through, but being hit with legal fees seems like a gimmick to extort.JA: Where is the property located?Customer: North Miami beach FlJA: Has any paperwork been filed?Customer: they sent notice to my tenant to pay directly to the lawyer I don't believe a lien has been filed, i have not been notifiedJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,958 satisfied customers
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