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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: 5379
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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6 Real Estate Lawyers are Online Now

How JustAnswer Works:

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

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

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    If property mgmt company handling home I rent has a cease & desist order in place (since 10/27/14), can I legally send my rent check to the homeowner instead without retaliation? I was told by AZ Dept of Real Estate on 12/11/14 that the C&D order is still in effect and as such the property mgmt co isn't allowed to engage in any property management activity at all. Homeowner is now trying to tell me that the State of AZ has allowed them to stay in business, the AZ Dept of Real Estate says 'no' C&D still in place. I would feel more comfortable sending my rent check to owner and not to a company that has been told to cease and desist all property mgmt activity
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    2 part question:1) We have 2 Huge trees very close to our unit. Their roots ruined our last patio(the BOD said it wasn't the roots that caused the cracks) We replaced with pavers 5 years ago. Now, Pavers are lifting - roots underneath them!!We are certain the roots are under our foundation. Can we force the BOD to remove the trees since they are damaging our property? Also, our unit is back against the south wall, away from the main area. We do not get landscaped as often as the other units that are in the main area of the complex. We were just informed by one of the gardeners that he was specifically told not to work our area as often, that the middle area was more important. Our area looks terrible, and the plants sometimes grow up past our fence! We pay the same dues as all the other homeowners!Do we have recourse fo this issue?
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