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Homeowner’s Rights

All homeowner’s have rights, but what exactly do homeowner’s rights pertain to? Some homeowner’s are members of a Homeowner’s Association, in which most of the homeowner’s have their rights laid out for them in a contract with by-laws. But how does a homeowner know that their rights are not being infringed on? Read below questions regarding homeowner’s rights that have been answered by the Experts.

What are a homeowner’s rights in regards to removing a temporary resident?

If the temporary resident refuses to leave, then the homeowner will have to serve them with an eviction, as if they any other tenant. So the homeowner will need to give the temporary resident a written notice of 30 days to leave, to get the eviction process rolling. A homeowner may call the police to help get the resident out but more than likely the police will not get involved citing that this is a civil matter, but on the other hand it may be just enough for the temporary resident to see that the homeowner really wants them out of their house.

Can a homeowner’s association remove something they approved and placed on a homeowner’s property when other homeowner’s complain and want this addition on to their property as well?

If the homeowner’s association (HOA) is acting in a fiscally responsible manner, and having been the one’s to have placed the addition or upgrade, and are not able to afford to add to or upgrade all other properties of which owners are complaining, it can be allowable. However in being fiscally responsible the HOA may be doing this in determent to the homeowner how did have the upgrade’s property value. If this is the case and the said homeowner’s property value is decreased, the ability to claim for reimbursement would be the homeowner’s right.

What are a homeowner’s rights when the HOA (Home Owners Association) will not remedy a situation that has been ongoing for years?

First let it be known that all conditions, restrictions, and covenants that have been enacted in a neighborhood, may be enforced by the HOA, the developer, or any owner as long as there is another party to go against. In cases where the HOA is not acting on a concern the private homeowner’s right is to sue the HOA, as they are intended to be there for the protect and enforcement of the member homeowner’s rights, and not doing as needed. If the complaint is of a maintenance nature, estimates need to be collected so the homeowner has a basis for their monetary claim.

What are a homeowner’s rights when they pay fees into a fund for maintenance and maintenance is not being dealt with?

A homeowner should first look to the by-laws as to how to approach their maintenance issues. If those approaches have been exhausted without results, the homeowner may need to issue the HOA a letter that demands action within a specified time limit, and if the repairs are done in the allotted time frame that they homeowner will make the repairs themselves and will be billing the HOA for the repairs. It is best to send this letter by regular mail and by certified mail, also to obtain estimates for the repairs to the property.

Homeowner’s rights are important any homeowner’s to know and understand, however many homeowners are unsure of where their exact rights lay. Those who are members of a HOA may simply look over the agreements, but need help interpreting what it all means, this is where the Experts come in. Experts can answer any type of home owner’s rights questions a person may have, fast and efficiently.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5366
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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5 Real Estate Lawyers are Online Now

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    Ask follow up questions if you need to.
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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
Lawyer
Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
Lawyer
Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Homeowner Questions

  • I live on a private road with about 30 homes on it. There is

    I live on a private road with about 30 homes on it. There is an a loosely formed, non-legal association that collects $125 per year per homeowner. There has not been an issue with this for the 35 years we have been here. Now this person that has taken over the association a few years back does not allow anyone to see the books, and has made decision based solely on their input. I refuse to pay as long as they are in charge as I feel they are squadering the money for themselves by plowing excessively, etc. The woman has sent a letter to all the homeowners stating that we do not pay. Refuses to put our name on the sign that we made originally and is now plowing snow boulders into both of our driveways and I have no way to remove them. Obviously it is on purpose as no one else seems to have so much pushed into their driveway. Is there anyway to combat this legally?
  • I was doing some research and have become a bit unnerved as

    I was doing some research and have become a bit unnerved as to what is said in this article about who owns the common areas in a single family HOA development. Please review and advise.
    http://www.hindmansanchez.com/resources/pdf/board-basics-101-what-every-board-member-needs-know
  • How close to the edge of pavement can a motor home be parked

    How close to the edge of pavement can a motor home be parked on private property in a residential area?
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