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This question is for I have a couple of questions on files

This question is forCustomer I have a couple of questions on files that closed already -- in regards ***** ***** available POST-closing if something goes wrong. Please let me know if you are available today to discuss. Thank you.

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Attyadvisor

Doctoral Degree

7,148 satisfied customers
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:***@******.***

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,142 satisfied customers
I'm a landlord and our house is in North Carolina. My tenant

Hi,I'm a landlord and our house is in North Carolina. My tenant voluntarily moved out early to purchase a home but verbally agreed to continue to pay rent until the end of the lease or when the house was re-rented.Do we owe the tenant a rent refund? We found a new tenant before the end of the original lease and begin marketing the property a couple weeks after the move out inspection.We're going to pay the tenant back their deposit minus landscaping fees. I don't believe we owe them a rent refund because it not outlined in the lease agreement plus we begin marketing within reason. It was not an eviction and the courts are not involved. Thanks.

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P. Simmons

Attorney

Doctoral Degree

35,684 satisfied customers
I need to grant a 30 foot wide easement to neighbor in

I need to grant a 30 foot wide easement to neighbor in Kansas. Land is already surveyed. Would the following description be correct for 30 feet wide 1715.90 long?The North 30 feet ofAll that part of the Northwest Quarter of Section 6.Township 14, Range 22, Johnson County,Kansas described as follows: Beginning at the Southwest corner of the Northwest Quarter of said Section 6: thence North 0 degrees 00 minutes 00 seconds West, along the West line of the Northwest Quarter of said Section 6, a distance of 1005.73 feet, to a point 1640.78 feet South of the Northwest corner of the Northwest Quarter of said Section 6: thence North 89 degrees 21 minutes 07 seconds East a distance of 1715 .90 feet: thence South 0 degrees 00 minutes 00 seconds East, parallel with the West line of the Northwest Quarter of said Section 6, a distance of 1025.30 feet, to a point on the South line of the Northwest Quarter of said Section 6: thence North 89 degrees 59 minutes 40 seconds West, along the South line of the Northwest Quarter of said Section 6, a distance of 1715.79 feet. to the point of beginning.Subject to easements, restrictions, reservations and covenants, if any now of record

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Lucy, Esq.

Juris Doctor

30,336 satisfied customers
About 1.5yrs ago, Paid a plumbing company $11,500 to replace

About 1.5yrs ago, Paid a plumbing company $11,500 to replace a main sewer line (from my house to city). Plumbing work not covered by insurance. (Basement sewer back-up, ~$15,000 of basement damage covered by insurance). Post new sewer line installed, basement remodeled (~$38,000). 3 days ago (9/19 early morning), basement sewer back up again. Same plumber called, stated caused byJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Illinois...JA: Has anything been filed or reported?Customer: same plumber company came out stated that it's just a block in my line, my line needs yearly maintenance. I disagreed, got another plumber to look at newer sewer line and they show (video evidence) that new line is holding 35ft of stagnant water. Owner of original company coming over today to verify.JA: Anything else you want the lawyer to know before I connect you?Customer: My question: Who is responsible? The plumbing company, The city approving permits, The original builder?

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Lucy, Esq.

Juris Doctor

30,336 satisfied customers
I have a survey showing my property and the easement, ATT

I have a survey showing my property and the easement, ATT came out and violated the easement and dug holes in my private party. I want the trespassed and help responsible for the damages to my years and tree. How do I do that?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: FloridaJA: Has anything been filed or reported?Customer: I notified the company doing the digging, they said they would contact ATT, I called the county, they say it is a civil matter as it is on private property, I called the sheriff who will charge them with criminal trespass if the county will acknowledge that it is not easement of which the county says they will not get involvedJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,172 satisfied customers
I signed a one year lease but have now come to find out that

I signed a one year lease but have now come to find out that this property is an HOA. I hate HOA's and had I known beforehand that this property was an HOA, I would not have rented it. I do not have time to do lawn maintenance and that is why I rent properties that already have lawn care included wit the rent. I received I believe three letters from the HOA about cutting the grass which wasn't that high to begin with. We just moved here July 30th,2016 even though I signed the lease on July 22nd. I borrowed a lawn mower and cut the grass and have now received a letter of non compliance stating:Following careful consideration of this matter, and in accordance with the Financial Penalty Resolution, the Board of Directors has determined the following: A daily fine of $15.00 has been added to your account beginning 9/8/16 due to continued non-compliance regarding lawn maintenance, specifically moss. Moss? What moss? this is the first time I'm hearing about moss and there wouldn't be a moss issue since I've only been here since the end of July. I want my $1600.00 deposit refunded and I want to move out since the HOA and lawn maintenance was not disclosed to me prior to me renting this property. Can I get my deposit refunded?

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RealEstateAnswer

Juris Doctor

30,462 satisfied customers
I am a landscaper in ct and I cater to Condomiums and

I am a landscaper in ct and I cater to Condomiums and Commercial properties. I have been working at an Association for 8 years that has recently gone out to bid. And RFP was sent out and due back in a given date. I was told that there were several bids higher then me and one extremely lower then me. I was told by the person in charge originally that they would throw out the low bid. Well in the end it appears they didn't throw out the low bid and have spent time with him going over his bid in an effort to get him to increase his bid. If he increased his bid it would then not look so bad and the Association would still get the benefit of a lower bid. As the company who has had the contract for years without out any issues and was in the middle of the bidding from what I have been told , is this legal? I have received my information from other members of the Landscaping committee. This contract has not been awarded yet but it will be in the next two week.

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Attyadvisor

Doctoral Degree

7,148 satisfied customers
This is on HOA Law. I seem to have a HOA that goes for

This is on HOA Law. I seem to have a HOA that goes for favoritism. One of the Board members is friends with a renter above me. When I purchased the condo in 2008, there was nothing against smoking. I have a handicap that is exceedingly painful and I do have two prescriptions for pain pills but when the pain is high, the medication doesn't always work. I got a prescription for drugs but I didn't want to take them as I didn't notice much results. I found out that if I engage in smoking one menthol cigarette, it, at the least, gives me peace for a while. This neighbor went to the HOA Board and complained and she wasn't home. She did it as a "Pay back" for me asking her to be careful when she waters her plants and hoses off her child's toys which makes loud noises. I, in anyway did not ask her to stop, just be careful as she was wetting my table which I do office work and my nice yard furniture. She is friends with a member of the HOA Board. The member took the renter's complaint to the Board and they sent me a letter to stop or I would have a hearing and a fine. The rules in our country are going out of sight and are being made by special interests groups. The pay off is that I cannot even let company have a cigarette in my dwelling. Okay, they say that the smoke travels up the vents. I don't smoke inside or by a vent. I was way over to the extreme right of my patio--certainly more than 20 feet. This is unreal. You cannot smoke in the property you purchased with your money. They said that the patio is a common area. No it isn't. I paid for the footage and I pay the taxes. If a patio area is a common area, then I can use any resident's patio--now that makes a lot of sense. Of course, I cannot go sit in another person's property without an invitation. I don't know how these HOA Boards have so much authority. Certainly, condos need them for the "true" common areas like the landscape, roads and painting but they should definitely not dictate what goes on inside a person's home. If there is real trouble, law enforcement should be called as they would in any neighborhood.I also discovered that there is no legal "watch dog" over these HOAs. That is good and that is bad. The good aspect for me is that there is no governing body. The bad part is that they can make regulations as they go along. This Board member, and now she is going up for president of the HOA. She practices favoritism and cannot follow the rules of the Board that she is a member. They made some outlandish parking laws, where you have one passcard for guests. She got an extra so she could park two cars out of her garage. I found out that this was out in out stealing from the potential received money the Board, remember she is a member of the Board could receive for the $350.00 six month fee for extra parking. As for the smoking, no it is not good but either is the pain. In truth, this makes me more nervous and more in pain. This renter always is watching and listening on me. The other day, she opened and closed her sliding glass door at least 20 times to see if she could hear or smell anything coming from my unit.One other problem, when I purchased the condo, my leg was in good condition. As a handicapped person, I am entitled to easy access to my abode. The path to my unit is up quite a steep grade. I have to traverse it to get to my garage. There is also a curb. I read that the law says that an institution does not have to make any adjustments unless the handicapped person requests it. Is that correct?Thanks so much for hearing my predicament!

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AttyHeather

Attorney

Juris Doctorate

978 satisfied customers
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