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Recent Restrictive Covenant questions

Question about living in a home as a primary residence and

question about living in a home as a primary residence and then turning it into a rental...how long do i have to live in it as primary before i can rent it out without any penalties or risk to the mortgage i have...JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: OregonJA: Have you talked to a lawyer yet?Customer: no not yet......was just doing some research on line for nowJA: Anything else you think the lawyer should know?Customer: only that i am planning to rent it to a family member - not sure if who i rent it to makes any difference...

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Ely

Counselor at Law

Juris Doctor

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We live in Alexandria VA/Fairfax county. We purchased our

Hello,We live in Alexandria VA/Fairfax county. We purchased our townhome 20 years ago, we are the 3rd owner of the home. We recently put our house on market, and it is under contract. While it was on sale, we found out that our 3rd bedroom in the basement is not a legal bedroom, since it does not have an egress window. The basement is a walkout basement. We found a vendor who is highly recommended, license and bonded and specialize in installing egress window. We placed an order for the window installation, and obtained the permit from the county. In the meantime, we requested HOA to approve our installation of egress window. Yesterday we found out that they have denied the request. One of our neighbor is on the HOA, and he told me about it. However, HOA has not officially denial of request letter yet. I called the Fairfax county building code dept and spoke with the county code expert, he said to install the window because county approved it. Our question is if we proceed can HOA take any legal actions against us? Our closing date is set for Aug 10th. We don't want to leave a mess behind for the new owner, and our agent is telling us not to disclose this information to the buyers. Please advise if possible. Thank you!

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Roger

Litigation Attorney

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I have lived in this condo years, I have a simple wreath on

I have lived in this condo for 7 years, I have a simple wreath on my front door (on a hanger, no damage to door) This rule to not have wreaths on doors has never been enforced,. A new member to the board has now decided we are in violation and have to remove them or pay a fine etc. If it has never been enforced before, can we be grandfathered in?

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J. Warren

Attorney

Doctoral Degree

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A home was sold in our Subdivision/Hoa. In the "Restrictions

HiA home was sold in our Subdivision/Hoa. In the "Restrictions & Limitations , under "USE OF LAND" , it says:1.) PRIMARY USE:All tracts within the subdivision shall be used for single family residential purposes only and for no other purpose than wildlife management areas to conform to provisions in the Texas Tax Code.2.)NUISANCES:No noxious or offensive activity shall be carried on upon any tract, or anything be done thereon which may be or may become an annoyance to the other parties owning tracts within the subdivision.The house that was sold is being used for daily/weekly rental.It already got out of hand over the 4th of July. It is listed all over the internet. What can we do to stop this? Will we have to go to court? I talked to the title co. today, but they want to wash their hands.Help!Thanks

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Roger

Litigation Attorney

Doctoral Degree

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I am trying to identify if the covenant in my neighborhood

I am trying to identify if the covenant in my neighborhood is enforceable if there is no HOA and no one is paying feesJA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: AlabamaJA: Have you talked to a lawyer yet?Customer: no- the issue just arose tonight.JA: Anything else you think the lawyer should know?Customer: The items of the covenant have not been maintained by several of the property owners within the neighborhood.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.

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Roger

Litigation Attorney

Doctoral Degree

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Can the home owners association collect fees from each

Can the home owners association collect fees from each household if the 30 year statutory authority has run out? They are trying to revitalize and get homeowners to sign off on documents from 1982 that need to be updated. We live on a private maintained road by homeowners and the association does not have any thing to do with it. How can I address this as a homeowner who does not agree with the outdated covenants. If the road needs to be repaired it states they will send an invoice and we have to pay within 30 days or they can put a lein on that property and charge 12% interest. Homeowners need more time to come up with a road assessment and the interest rate is to high for current rates.

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I live in a neighborhood where all homes sit on lots 4 to 8

Hi - I live in a neighborhood where all homes sit on lots 4 to 8 acres in size. We have 4 acres and built our house 10 years ago. The lot next to us was recently sold and although they have 8 acres, they are putting their house 70 feet from our house. They say that a stream and the septic leach field prevent them from building anywhere else on their 8 acre lot. To my husband and I, this should be the problem of the new owners only, yet it is having a big impact on our privacy and potentially the resale value of our home since this new home placement is not consistent with the rest of the neighborhood. We have offered to buy the lot so the owners can look elsewhere for a more suitable building location, yet they are persisting in trying to force their 5,000 square foot into a space that is entirely too close to us. What can we do to stop them?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Pittsboro, North Carolina 27312JA: Have you consulted a lawyer yet?Customer: no not yet, would like to know what case we would have against themJA: Is there anything else the Real Estate Lawyer should be aware of?Customer: They actually violated the HOA covenants by beginning to build without submitting their plans to the HOA first, we called them out on that and now they are going through the HOA.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.

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Roger

Litigation Attorney

Doctoral Degree

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33,190 satisfied customers
I live in a POA (not HOA) consisting of 24 homes on a private

I live in a POA (not HOA) consisting of 24 homes on a private gated street with properties of 2.5 to 10 acres. Not all homeowners are members of the POA. The only restrictions listed in the CC&Rs pertain to abandoned cars and trailers. Many people run businesses out of their homes and host meetings, fundraisers and parties (we have a business, but do not have such gatherings). For the past year, we have rented our lower bedrooms out via AirBnb to polite and respectful guests. Some of the neighbors have decided that they don't like this and want to put to a vote to selectively stop us, even though there is another long-term rental in the neighborhood. We have lived here for 16 years. How can we defend ourselves?JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: NoJA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Is there anything else the Real Estate Lawyer should be aware of?Customer: The restrictive covenants section of our bylaws states, "The members of this corporation may adopt restrictive covenants for the management of property under the control of this association." This suggests to me that they govern only the common areas which consist of our road, easements, and our private beach area.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.

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Irwin Law

Juris Doctor JD

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Here it goes: I live in Texas and my house got auction off

Here it goes: I live in Texas and my house got auction off for taxes on April 5, 2016. I was trying to get a loan but a little to late. I call and they tax office will not give the name of the buyer, saying that I have to wait till he contacts me (really I can't even slept). I have read that I can redeem the property? I now have the monies to pay this man his fees and the amount of taxes paid.. what can I do?

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J. Warren

Attorney

Doctoral Degree

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