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Recent Property Rights Law questions

I have a property that I rent out to travelers as a short

I have a property that I rent out to travelers as a short term rental (under 30 days). A few people in our City have decided that this right should be terminated. There are approximately 25 short term rentals in our City. Do I, as a property owner, have the right to rent out my property either long term or short term?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,238 satisfied customers
3 adjacent properties have written ingress and egress easements

3 adjacent properties have written ingress and egress easements to cross the property of my neighbor. The 3 properties have been deeded to the USFS with the easements. Now that they are owned by the USFS can I use the easement for ingress and egress to the now USFS property?

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Dimitry Esquire

Attorney at Law

Doctoral Degree

46,548 satisfied customers
My husband and I have buildt a single family residence ...

My husband and I have buildt a single family residence on property that we hold the title to in Port Orange FL. We are having a difficult time with the city officials regarding landscaping. We are zoned county, agricultural. They are demanding that we "cover all disturbed land areas." We have bent over backwards tying to comply with their demands for the front yard which has been completely covered. We are doing a xeriscape to conserve water. The backyard and side yards we were initially told did not need to be "covered." Now they are saying we need to do it. My question is this: 1. what are my rights as regarding private property (can I tell them to bug off and leave us alone? We need to get a Certificate of Occupancy, which also rubs me the wrong way!) 2. I am a person of integrity and responcibility and would love to landscape if I could move in first and take my time in planting. Can they really make us do all this?

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Jane Doe Deer

Attorney

Post-Doctoral Degree

2,280 satisfied customers
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.

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37,986 satisfied customers
I would like to help my daughter buy a new house. I can

I would like to help my daughter buy a new house. I can contribute 300,000 towards her down payment. Do I need to be on the deed with her so it is not considered a gift and subject to 40% gift tax? Another option is I pay off her balance on her current home so she has a free and clear home to use as a rental. That amount would be $197,000. Would I have to pay any gift taxes on that amount??

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Loren

Juris Doctor

37,188 satisfied customers
I HIRED A MAN GENERAL CONTRACTOR TO HELP ME WITH SOME ISSUES

I HIRED A MAN GENERAL CONTRACTOR TO HELP ME WITH SOME ISSUES ON A HOUSE I AM BUILDING THE CONTRACT WE MADE WAS NOT TO EXCEED IO GRAND AT THE END OF CONSTRUCTION, NEVERTHELESS HE SENT ME A PRE-LIEN OF TO 200 GRAND I TOLD HIM THAT WAS WRONG BECAUSE OUR CONTRACT DID NOT EXCEED 10 GRAND SO LATER HE SENT ME ANOTHER FOR 13 GRAND. I TOLD HIM HE COULD NO LONGER WORK FOR ME IF HE DID NOT CHANGE THE PRE-LIEN TO THE CORRECT AMOUNT. HE HAS NOT DONE THE CHANGE. WHEN I FIRED HIM I OWED HIM ABOUT ONE GRAND BUT NOW HE WANTS OVER 4 GRAND AND NOW HE SAID HE IS GOING TO RECORD THAT I OWE HIM 4 GRAND. WHAT ARE MY OPTIONS?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,214 satisfied customers
I have property in Monroe county, Florida that is now a

I have property in Monroe county, Florida that is now a homeowners association. I would like to replace a chain link swing gate with an aluminum 6-foot solid gate and replace the fencing with a solid white pvc fence.The fencing people say that it can not be 6 feet( only 4 ) and it can not be solid. Is there a law that says anything about Homeowner Ass having a right to have a solid gate if they so choose?

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Brandon M.

Attorney at Law

Juris Doctorate

7,876 satisfied customers
I am the seller in a transaction that was originally

I am the seller in a transaction that was originally scheduled to close on 1 September but was delayed, via addendum, until 23 September. The buyer closed on or about 16 September but I just signed on 27 September due to multiple (five) incorrect HUD statements submitted by the title company. I signed and sent a cashier's check to cover the amount owed but was just contacted today and told that I owe an additional $2k. 1) Given we are beyond the addendum end date, am I liable for this $2k? 2) will the title company have to return my $5.5k that I sent via cashier's check?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,238 satisfied customers
I rent a condo from the company that built it. It was

I rent a condo from the company that built it. It was originallly the show unit and they couldn't sell it so they rented it. I have had some issues with maintenance in the past, but now I have a more serious one. Begininng in very late august we heard what sounded like water running occassionally in the unit. We looked everywhere and couldn't find anything, so assumed it was in the pipes. The pipes do rattle excessively so I thought this was just a new noise.. On the evening of August 31st, around 11pm we walked into one of our bedrooms to find a large wet spot on the carpet just inside the door. We were beyond perplexed as to where the water came from. I used towels and soaked it up and in the course of cleaning up I realized that flooring in the hallway (pergo type wood flooring) was swelling. Further investigating lead me to our Furnace/AC unit that is in a closet in the hallway. The bottom of the closet was wet as was the filter below. By this time is was well after midnight. We turned off the AC (it was over 85 in our unit the next morning). We called maintenance prior to 8am. We left a message. At 9am we hadn't heard anything. We subsequently emailed the secretary (our contact in case maintenace doesn't return calls) and of course it was her day off. I then emailed the owner at 10am begging for help. No response. I finally sent an email to the realtor that the company uses as he is friends with the owner. I was finally told at 11am that the maintenance man was off for Labor Day and wouldn't be back until the following week. At that time the secretary told us she was calling the A/C company they use. However they weren't available to come out until Saturday. They found another company but told us we'd have to pay them for the repairs because they had never done work for the Management Company before. I was at work and they wouldn't take a cc over the phone and honestly I didn't feel it was my responsibility to pay the bill. I said I couldn't do it. The secretary told me she didn't blame me. We'd just wait until Saturday and I told them that I couldn't keep the AC off as it was just too hot but I'd keep it as dry as I could and run it as little as possible. Saturday came and the repair company came and told us the coil was dirty and that a pipe needed to be cut and redone - but they couldn't do anything because managment didn't authorize any work at all and left. We were stuck with yucky water leaking into two bedrooms and the hallway until the following Tuesday morning. The maintenance man was finally back from vacation and he came and he cleaned the coil and that stopped the leak. He noted the damaged floors and said he'd get back to us. A week later he said he was going to have a flooring contractor come out and get an estimate to clean the carpet and replace the wood flooring. After waiting over a week we called the maintenance man again to see where things were. He said the owner said it's not his responsibility and he's not fixing anything. I am very afraid of mold growing under the carpet and the wood floors and they are now refusing to do anything. I am very worried that if I move they will keep my deposit to cover the cost of the repairs as well. Help!!!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,238 satisfied customers
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