My house was built before the homeowners association came to
My house was built before the homeowners association came to be. The original owner of the house installed a cyclone fence before the homeowners association came to the and pass their bylaws. When their bylaws were passed they did not allow for the cyclone fence. The fence was grandfathered in because it was built before the Association came to be. Approximately 25 years later I purchased the house and was told that the cyclone fence was grandfathered in. I have lived in the house approaching 17 years. The housing Association is now suing me trying to get me to remove the cyclone fence. I do not want to and believe that I legally do not have to. What is your opinion. I live in Spring Texas a suburb of Houston Texas. If you need to respond to my email address, please respond to***@******.***JA: 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: Yes. I must respond in writing by May 26, 2017. Another thing, the original bylaws dated 1978 did not include requirements for fences or building materials for fences. The only requirement was that if one were built it could not obstruct the view at road intersections.JA: Anything else you want the lawyer to know before I connect you?Customer: I can't think of anything at this time.
I'm a disabled person, I live in a gated community, I
I'm a disabled person, I live in a gated community, I recently replaced my driveway from slippery cement to pavers, after I fell several times. I submitted the information the H.O.A. wanted, but after 2 months, and two meetings, I was on the back burner, so I went ahead and put in my pavers, now they want to force me to put back the cement. Do I fall under the fair housing act. O what can I do? Gary
I am buying a foreclosed property (CONDO) from Fannie Mae
for NJ: I am buying a foreclosed property (CONDO) from Fannie Mae (thru homepath.com). I am not using an attorney and I am using title company whose name is ***** ***** Fannie Mae as in such case they provide free title insurance. They said they will give "Bargain and Sale" deed. The title company has said that below Exceptions will stay under Schedule B-Section II:1. Notwithstanding any provision of the policy to the contrary, the following matters are expressly excepted from the coverage of the policy, and the Company will not pay loss or damage, costs, attorney's fees or expenses that arise by reason of any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land.2. Right or claims of parties in possession of the land not shown by the public record.3. Any liens on your title, arising now or later, for labor and material, not shown by the public records.4. Subject to possible additional taxes assessed or levied pursuant to N.J.S.A 54:4-63.1 et seq.5. TAXES, CHARGES AND ASSESSMENTS: The payment of all taxes, assessments, water and sewer charges, up through and including the current instalments.6. Terms, conditions, easements, restrictions, covenants, limitations and provisions, including lien and assessments rights, as set forth in a certain Master Deed for Highland Arms Condominium, recorded in Deed Book 3747 Page 175 and any amendments thereto.7. Possible lien for future condominium maintenance charges pursuant to N.J.S.A 46:8B-21 et seq., the New Jersey Condominium Lien Law.8. Right of adjoining owners, mortgages and tenants, together with the insured, in and to the party walls separating the subject premises.9. Provisions as contained in the Condominium Act L 1969 CH.257, approved January 7, 1970, N.J.S.A. 46:8b-1, et seq.MY QUESTION IS(a) DOES HAVING ABOVE EXCEPTIONS CONSTITUTE A CLEAR AND MARKETABLE TITLE(b) CAN I FACE ANY PROBLEM IN FUTURE BECAUSE OF THESE EXCEPTIONS.(c) WILL I BE ABLE TO SELL THE PROPERTY IN FUTURE IF ABOVE EXCEPTIONS ARE THERE WHEN I SELL ALSO.
Could a board of a Co-op Housing Association refuse to
Could a board of a Co-op Housing Association refuse to change/or add my son's name on the ownership shareholder certificate because I have a judgement? I want to highlight the fact that I just paid off the mortgage on it and got the release paperwork fromthe lender, and I don't owe anything to the Co-op as I have always paid my monthly fees. Does the board have the power to alert the private party who obtain a judgement against me and oppose the transfer of the ownership?
I live in a development with a housing association. The
I live in a development with a housing association. The annual dues from the housing association are mainly to maintain the landscape of common areas. One of the association officers is a landscaper and he is the one who is in charge of maintaining the landscape of the common areas. Is there a conflict of interest here? the housing association is incorporated and non-profit. There is nothing in the bylaws about officers other than:1....All officers shall be members in good standing of the Association...2...No fee or compensation shall be paid by the Association to any officer or her services as an office...Please respond only if there is any kind of law about conflict of interest that applies hereAlso, it seems to me that he is well overpaid he is doing. No one challenged him by getting competitive estimates.
I live in a small community of nine "open water" homes
HelloI live in a small community of nine "open water" homes in the Florida Keys. These homes are located within a common area with trees. This common area is owned and maintained by our housing association of which I am a member. A 15 ft high palm that is just inside the common area but only 12 ft from our balcony, is now blocking the sea-view from our only balcony. Unfortunately with this type of palm (a Bismark palm) the height can't be trimmed so the only option is to remove the tree completely. The housing association suggest that if I want this tree removed it is my financial responsibility. Furthermore, they are requesting that I also bear the cost of replanting this large tree and the cost of putting in a new, smaller tree in the space left by this one. The covenants for our community do not appear to cover this situation but it seems unreasonable to me. Is their position supported by Florida law? Many thanks in advance for any advice you can give - Dr Steve Hersee
After a number of Patio Home Owners Association contentious
After a number of Patio Home Owners Association contentious board meetings & other types of communications, three of our five board members resigned including the President. The two remaining board members asked another resident to be President & he agreed.Contention was due to a request of the board to update 20 year old bylaws. Then the requestors didn't want to pay for fees incurred & changes. It was determined about a third of the 34 homes were not added to bylaws. Also bylaws require 5 board members.What is the owners next step?
Im creating an LLC for the co-ownership and management of
I'm creating an LLC for the co-ownership and management of summer camp with 40 share-holders.I'm looking for some examples of bylaws or articles of incorporation for condominiums. The idea being to model the process of electing a housing association (and other committees) as well as how condo rules are enforced.Do you have, or know where I can find examples of pre-existing legal documents or templates along these lines?Thank youGregory