09/18/16 I woke to find I had no hot water, called the
09/18/16 I woke to find I had no hot water, called the maintenance guy. When he arrived we both discovered there was a leak under the mobile home I occupy. This leak had been going on for a while due to the mushrooms growing in a corner of a room a use for storage and the two rotted out floors we discovered. The leak was the result of a previous repair not being done correctly. Due to this leak the water was turned off making the house unlivable. First the landlord offered to put me and my two dogs into a hotel but the hotel he offered did not allow dogs. When I found a hotel he denied paying for my room because it was more than he wanted to pay. He then offered to put me into an empty mobile home (smaller than my current unit) while the repairs occurred. I denied this because I did not feel comfortable having his men move my belongings. If he would have agreed to have movers move my furniture and put me in a mobile home the same size as mine I would have taken him up on his offer. I instead, paid for a hotel room for 3 nights out of my own pocket. I also contacted my renters insurance to see if they would cover the costs. Due to the problems being something that could have been prevented, my renters insurance would not cover expenses. I would like to know if I can deduct the hotel expenses from my rent without retaliation? I had to miss 2 days of work because of this issue and my house is still not completely repaired. I have water, but one of my bathrooms is not fully functional and I have a bedroom that is still out of use. I need to know what I can and can not do legally before preceding.
Our HOA installed video camera, using money from our reserve
Our HOA installed video camera, using money from our reserve account. They brought in a FORMER board member to break a tie to get the camera. I told them the camera do not/did not fall under maintenance, repair or emergency and even if used like that must be paid back in one year. The HOA immediately voted for a special assessment to pay back the money for the video camera and a special assessment to pay for monthly monitoring of those camera. Can they legally do that?
My neighbor has a four plank fence to keep his cattle in
My neighbor has a four plank fence to keep his cattle in it's on the property line. I raise German Shepherds i want to put a wire fence up to contain my dogs. I would love to attach it to his fence . Or i could put up my post then put up the wire fence but he paints his fence and that would cause a problem. Help WadeJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: TennesseeJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: Yes his fence goes around 25 acres. I would only atttach to 150 ft
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:***@******.***
Q. During the bankruptcy we could get zero response then
Q. During the bankruptcy we could get zero response then recently (like 2 weeks ago) we get a letter from Grant Wolfe stating:‘we are extending you a one time offer to pay $870.00 to transfer ‘ownership' back to the association and this will appear as a regular deed in public record. OR they return the file to Tahiti Village to proceed foreclosing on your real estate.Is this some scam to get $870.00…It seems shady after all these years of no communication etc. I want to throw this away but don't want my credit messed with.We gave up on them and paid everything off over 5 years ago...this doesn't seem legal.
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
I am a tenant that signed a 3 month lease with an apartment
I am a tenant that signed a 3 month lease with an apartment complex. My apartment complex is forcing upon me an additional two months of rent due to the fact I did not provide a 60 day prior notice to vacate. Within the lease it states that the Landlord is to provide a reminder no less than 5 days prior to my notice. I was not given such notice. I provided a ~25 day notice to vacate. This is there case.My case is that I lived in the apartment from 6/26/16 to 7/21/16 with a broken air conditioning unit. I filed on the inventory list - provided by them - that the ac was broken and needed fixing. I went into the office ~3 times to request maintenance. I sent a follow up email on 7/1/16 that received no response. My ac was fixed on 7/21/16 and maintained my apartment for ~6 days before malfunctioning again. The following is a chronological listing of my requests.1. Inventory 6/26/162. In office several times (roughly 3 office visits)3. Email 7/1/16Fixed. 7/21/16Another incident regarding a malfunctioning ac that required maintenance:1. Maintenance request 8/1/162. Maintenance request 8/2/16Fixed. Said -8/3/16-AC still did not work properly.Requested maintenance for the for-mentioned scenario again:1. Maintenance request 8/29/162. Maintenance request 9/12/16The number of consecutive attempts to attain maintenance is a violation of the lease on their part. I was also gouged in on a water bill. In doing a rough calculation, I was charged for nearly 17,000 gallons of water. Through attaining the flow rate of my shower head and generously estimating the number of toilet flushes a day considering that I worked 10-12 hours a day, my bill should have been roughly $3.Do I have a case?Regards,J
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?