I bought a house18 months ago and the HOA is demanding I fix
I bought a house18 months ago and the HOA is demanding I fix landscape design. I have not done anything to my landscape since I bought it. They tell me the previous owner was non compliant but now it is my responsibility. It will cost around 20K. should my title insurance cover this?JA: Not for this question, but they might if you need additional services. You'll have to ask the Real Estate Lawyer about that.Customer: I'm not sure i understand your answer...JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: South carolinaJA: Has any paperwork been filed?Customer: Nothing was filed at closingJA: Anything else you want the lawyer to know before I connect you?Customer: No
I own a home. My property is adjacent to an undeveloped lot.
I own a home. My property is adjacent to an undeveloped lot. The owner of the undeveloped lot has a right-of-way easement over my property essentially allowing them to use my driveway for access and egress. However, two year ago, the owner of the undeveloped lot built a separate access to his lot (believing that a separate access would improve the value of his lot). The owner of the lot is now selling that lot and the buyer wants to use my driveway to access the lot during construction of her new residence. Do I have recourse where use of my driveway results in destruction of the driveway and landscaping?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: OregonJA: Has anything been filed or reported?Customer: Don't understand the question.JA: Anything else you want the lawyer to know before I connect you?Customer: No.
I bought a brand-new home from a builder. We did our
I bought a brand-new home from a builder. We did our landscaping ourselves.The HOA did not approve the layout of our plants. However Our lay out is the same as the builders model home.I ask HOA, why we cannot do this layout but it appears on most of the model homes front yard. The person in charge told us because they are the "builders".At this moment my concer is why the builder does not need to follow the CC&R are but I as a homeowner have to.We do not have problem following the rules, but I feel the HOA is discriminaing us compared to a large corporation.Do I have a case ?Thank you for your time.
My hoa board voted to take down a fence that was installed
my hoa board voted to take down a fence that was installed by the buiilders of the community to be a privacy fence for me and two other units because we are the only units that face the back of other units. all of the other blocks of townhomes are face to face and have nice landscaping front yards. The removal of the fence has affected my privacy and property value i litterally look into an alley now and it is very noisy. the decision was made by the board when they were replacing the fencing in the community to take it down because when the lady on the board walked by with her dog she thought the fence was ugly. when i explained to them and tried to reason they were complete bullies. I need help on my side please call me back. HOA lawyers must be bad at that or i don't have a case ??? Kassy **************
Do I have any legal standing to sue my HOA for refusing to
Do I have any legal standing to sue my HOA for refusing to repair a common wall which is damaged so that my gate latch can no longer be attached to said wall?-------------------------------------------------------------------------------------The CC&Rs state:ARTICLE VIMAINTENANCESection 6.1 Common Elements: Association shall maintain, repair and replace all of the Common Elements within the Planned Community Project, including without limitation planting, replacing, repairing and maintaining all landscaped areas, irrigation systems, drainage areas, and monument signs, and shall keep all Improvements of whatever kind and for whatever purpose from time to time located thereon in good order and repair, including without limitation the obligation to paint and maintain the exterior of the perimeter walls.------------------------------------------------------------------------------------Furthermore, the HOA has on several occasions in the past painted and adjusted the gate mechanics at the same time that maintenance to the walls was performed.To me, this indicates that the HOA has accepted responsibility for both wall and gate maintenance. Does this set a precedent for the HOA to provide such maintenance in the future?Please advise my best plan of action. Thank You so much for your assistance.
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:***@******.***
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.
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