I am seeking advice regarding Notice of Removal (28 USC 1332
I am seeking advice regarding Notice of Removal (28 USC 1332 and USC 1446 for a civil law suit.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: LouisianaJA: Has any paperwork been filed?Customer: Yes, a pleading was filed on my behalf. My neighbor attacked me. I lived in a gated community and the homeowners' association failed to assist me with this individual.JA: Anything else you want the lawyer to know before I connect you?Customer: My name is***** Yes, what is my options. My contact number is(###) ###-#### Also, my email address is .
The building my condo is in was shoddily constructed,
The building my condo is in was shoddily constructed, causing leaks from my balcony into the apt below. At first we assumed it was a faulty HVAC system, but later realized the balcony was a possibility. Especially because the HVAC unit was turned off while the lproblems continued. The board hired engineers to assess the warranty of the balcony (the found out they were not well build either). During the first probe the engineers removed two tiles in a prominent location, that is very exposed to the elements (my balcony has a large area covered by the balcony above). Leaks got worse and happened more frequently. My apt became moldy, the floors started popping up. The board was aware, especially in lieu of the fact that one of the board member lives in the apt that gets water damaged water coming from my apt. The tiles created by the tiles were never covered (when I ask someone came to cover the area with a plastic sheet, which did not stay in place). Month later (1:~Sept '15, 2: ~May '16) the board had the engineers come back a few more times. I spoke to a board member about the tiles and leaks before going away for the summer. About 4 - 6 more tiles were removed in different areas (some covered, some not) while I was on vacation. None of them were covered. My floor popped up so much that the HVAC in one room is hovering a few (5-6") above the wooden floor). Other areas of my floor look water damaged. Can the board be held responsible, since it did not take proper action, in lieu of the fact that each owner is usually responsible to paid for damage done inside their apt (condo)? Thank you!
Folks, I need a Community Association lawyer to respond to
Folks,I need a Community Association lawyer to respond to this query.While attending the September HOA meeting at the board President's home, I observed that he had recently taken over and redeveloped the Common Maintenance Area (CMA) behind his house. When I challenged him on this, he simply replied that it was his property and that the ARC chairman signed off on the changes. When I pointed out that this was not permitted, and a very serious violation of our CC&Rs, he and other attending board members seemed little concerned.This board consistently fails to document unfavorable comments in the meeting minutes and we are still awaiting release of minutes back to the May meeting. Also, board meetings are only held bi-monthly, so the next occurs in November. I view this CMA violation as egregious and cannot see how it can be exposed in a timely manner without distributing a flyer.I would like to send you a copy of the proposed flyer, along with a copy of our CC&Rs so you can verify the provisions I referenced therein. In general, I would like to know; 1) the legality of my proposed action, 2) the possible legal consequences, and 3) the appropriateness of the flyer content? I have kept the information factual and, I believe, provided reasonable commentary without personal invective.Please let me know if you can accommodate my request, and the approximate cost. Thanks very much for your help.Regards,Mark CusanoEmail:***@******.***
Are California HOA fees subject to California debt statue of
Are California HOA fees subject to California debt statue of limitation (4 years written contract) and does the statue start at the first missed payment or does each assessement start a new statute date? Does Federal collection law supersede HOA CC&R's.
Short Version) We live in a town home with an HOA. They have
Short Version) We live in a town home with an HOA. They have replaced the brick fence that surrounds our property in the back and now they are charging us for it. Can they do that. It is in a limited common area.JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: UtahJA: Has any paperwork been filed?Customer: You mean with the state? As far as CC&R's?JA: Anything else you want the lawyer to know before I connect you?Customer: Are you a computer?JA: No. I'm the Real Estate Lawyer's Assistant.Customer: Do you know how much it will cost to get my answer?JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.Customer: Perfect
We have been in a battle with our homeowners association
We have been in a battle with our homeowners association that has now gone to attorneys. Long story short, I scheduled a payment plan with the attorneys last year. I made 4 months worth of payments over the amount due which would allow the balance to be cleared up with 1 remaining payment. That payment is " lost." I sent it in and yes never followed up that the account was cleared. I mailed my 2016 HOA payment directly to the association assuming all was fine. I then got from the court that I had a lien filed with the 30 days to respond. I called the attorneys and they had not communicated with the association,so at the time the lien was filed in the court, the attorneys thought I hadn't paid anything since the last payment of last year. I then get a statement from the attorneys wanting us to pay 4500.00. I wrote a letter line by line explaining why we thought we didn't owe all of that and was willing to settle for a little under 1000.00 the association denied it and say we owe 4500.00. I then sent a request on September 9 via email asking if we could pay 200.00 a month, never heard back. Today we get a hand delivery from the court saying we are in default and have to appear on Monday. Called the attorneys and they said sorry, we never followed up with your request for 200 a month.All of this is over 300.00 discrepancy. My husband thinks we should go in front of the judge on Monday and explain with all of the emails I have and settlement request, what should we do???
My sister added me to her homeowners deed as a joint tenancy
My sister added me to her homeowners deed as a joint tenancy with rights of survivorship however she did not register it with the county office nor did she get it notarized we do have it witnessed is this still a deed I can use to claim her property since she's passed away I am her only surviving relative
How does an HOA have to post the meeting minutes? What can
How long does an HOA have to post the meeting minutes?What can be done when the HOA makes false statements?Is an HOA considered to be a corporation?Can and HOA not fine some one for one thing but fine another person for the same problem?How can you deal with errors on the meeting minutes if they were not post tell a year after the meeting?Can they be required to read the minutes out loud in the meeting before aproving them?When it comes to safety can the HOA make you remove safety items?If they are friend with people that break the rules all of the time and they keep their friends from being fined is that not bias and does that friendship have to be stated?Since they are making false statement thought a lawyer would that go against 65.990And false statement made from the HOA would go against 65.357 general standards for directors does itnotIf they make me remove my cameras and crime does happen does that open them to lawsuits? Particularly when they are aware that their friend has been yelling death threats at us?
Our current board president is developing the common
Our current board president is developing the common maintenance area (CMA) behind his home with permission from the ARC, which is controlled by the board VP. Our CC&Rs do not permit the ARC control over the CMA, nor do they permit homeowners to modify the CMA in any way for personal benefit. The CMA is required to be managed by the association. This information is only available because I saw the ongoing CMA development at the board president's home during the last regular meeting. If I had not attended, only the adjacent neighbors would know and one of them is also a board member. The other is upset but thinks he can go ahead and develop his own CMA when convenient. Am I permitted to send out a flyer to the community with this information or is there some sort of legal constraint that would prevent that?