I'm looking for someone who can review recent actions of the
I'm looking for someone who can review recent actions of the HOA Board in my community, located in Woodbridge VA, to provide opinion as to whether the Board relied on the wrong of the Declaration of Covenants in determining the outcome of a vote to expand the Boards' authority to include the authority to enter into a community wide service contract for rubbish & recycling collection and including that cost in the assessment. This action results in a 42% increase in assessments. The DoC states: "Assessments levied by the association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the property and for improvement maintenance of common areas and easement areas. Since incorporation the association assessment as been solely for the maintenance of common areas. The new action expands the powers of the Board from contracting for common area maintenance to contracting for and mandating the use of a house to house service, that being Rubbish Collection. Of 273 voting members, 104 voted to allow the board this power; 17 voted against, and 152 members did not vote. The issue is which of two sections in the DoC that outline voting requirements apply to this situation. One section outlines amendments to the DoC and states "this Declaration may be amended by an instrument executed and acknowledged by not less than 75% of the owners" this is the section that has been relied on in past votes for the same issue based on previous legal opinion provided. Under this section the vote would not carry as 204 affirmative votes would be required. This time, the third time, it has been voted on the board relied on the sections of the bylaws which states, "these bylaws may be amended, at a regular or special meeting of the members by a majority vote of a quorum of Members present in person or by proxy." Quorum is defined as 10 percent of the members, in which case only a majority vote of 27 members, or 14 affirmative votes, would be required the grant the Board this power. The Amendment Article also states, "In case of any conflict between the Articles of Incorporation and these Bylaws, the Articles of incorporation shall control; and in case of any conflict between the Declaration and these Bylaws, the Declaration shall control.It seems to me the Articles in the Declaration control and this proposal failed. However, the board has charged ahead and arranged R&R service that all Owner/Members are required to use and pay for via a 42% increase in assessments.So who in Northern Virginia can help me?
I need to understand my rights vs. the property owners
I need to understand my rights vs. the property owners rights. I have a right-of-way easement accross my neighbors property. There are trees and fences on my right of way. Do I have the right to require them to be removed?JA: OK. The Real Estate Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?Customer: OregonJA: Have you talked to a lawyer yet?Customer: Not yet.JA: Anything else you think the lawyer should know?Customer: I have lots of questions, not sure where to start.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
I have a neighbor who put up a fence right on the property
I have a neighbor who put up a fence right on the property line and is unhappy my bushes' branches stick through at one section. I said so cut them. He says its my obligation to cut them. Do I have to do it? I don't even know if its possible to get in between his fence and my trees.
We have a driveway that is joined to our neighbors. It is paved
We have a driveway that is joined to our neighbors. It is paved all together. We pay to keep our side clean of snow and keep it sealed the neighbors read the other side of our double. They back out of the driveway through our side instead of backing their other car out and backing out their side. They have visitors parking on our side out blocking our side. Our car is in the garage so our drive is always open. We have asked begged and pleaded with them to no use pour side of the driveway but they continue to do it. Even threatening us and calling us names. I am 60 and my husband is 78. These woman are in their 20s and have men around all the time so we are afraid. What can we do to force them to not use our side of the driveway?
We purchased 4 acres in Sept. called tract (1) and a 60 foot
We purchased 4 acres in Sept. called tract (1) and a 60 foot easement called tract (2)..Subsequently, in Oct. the previous owner went back and made a correction on a 1981 Warranty Deed, that established the original easement...He added another Property Owner on the Easement..On our Title Policy it specifically sells,grants, and conveys the tract (1) and tract (2) to us.....Where does the previous owner have jurisdiction to change a Warranty Deed....?If so, he can allow anyone assess to this private easement..The other property owner is not landlocked.
My brother is a pastor of a church in Bixby Oklahoma. BTC
My brother is a pastor of a church in Bixby Oklahoma. BTC is a phone/cable/internet service provider right across the street from the church. The church has a collapsed sewer line and when my brother called the plumber out of have it dug up and repaired, the management team from BTC came running across the street screaming that they couldn't dig it up because they have cables running across the property and that each cable they broke would cost the church up to $20,000 each. I haven't looked at the deed for the utility easement area to see if they are buried in the proper place. Now the church has to have the plumber bring in a special tool to dig without damaging the cables and the cost of the sewer line repair went from a few hundred dollars to $2000. Is BTC responsible for any of the repair cost? Can BTC bury their cables over the churches sewer line? It seems that an easement would have to be in a place that wouldn't infringe on the property owners right to repair his sewer/water lines.
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My home in Houston Texas was built in 1968 and a small addition
My home in Houston Texas was built in 1968 and a small addition was added to my home in 1970. I have had to repair the addition due to wood damage/termite damage and reconstructed the addition on its existing old concrete. My HOA is calling this a modification other than a repair and the current deed restrictions show that this original structure is pass the 7 feet lot line. I have submitted 2 applications for the repair to my HOA and they have rejected both of them stating the structure is in violation of deed restrictions due to the 7 ft lot line. My question would be is this structure actully grandfathered in since it was built over 30 years ago and we are clearly repairing not modifying, meaning on my behalf with just repairing the structure as is I should be able to keep the addition? I bought the house from original owner in 2006 and nothing was said by them or the HOA of any deed restriction violations. Can I move forward with the repair of my home even though the HOA has denied my repair if this is actually grandfathered into the home?