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Recent Restrictive Covenant questions

We formed a JV in Texas to pool investors and buy shares in

We formed a JV in Texas to pool investors and buy shares in a private company. After 10 years, the JV members voted to dissolve, and have ownership in the shares purchases be distributed out to members proportional to each individual's capital contribution.We informed the company of this and they would not "recognize" the JV dissolution and would not accept the request to issue share certificates to the individuals formerly in the JV. They say they liked dealing with the JV entity and not a dozen small investors. Nice sentiment, I say, but they have no legal ground to refuse to recognize out JV or not. Our lawyer has communicated this to them. What rights/grounds might the company actually have here?

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Ely

Counselor at Law

Juris Doctor

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We currently have 5 units in our condominium community that

We currently have 5 units in our condominium community that have satellite dishes on the roof and have had for years. When I asked the Board if I could install one as my cable company has been unable to provide stable TV service (and suggested a dish) the Board said they had never approved the dishes and might make the owners take them down. Hasn't a precedent been set that dishes can be installed on the roof. The Board has never issued any guidelines or stated safety issues with the installations. As a side the Board is very inconsistent with enforcement of the CC&R's.

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legalgems

Juris Doctorate

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I live in a new sub division consisting of seven lots.

I live in a new sub division consisting of seven lots. Originally it was listed on the plate map and the dedication page that we were a member of the West Terrace HOA. After the first lot was sold, a house built, and the people moved in, the sub division was annexed to the West Terrace Third HOA, a totally different HOA. My question is: Since this document is attached to the WTTHOA plate and not to our plate in the Spokane County office, is this a legitimate and binding document?Thank you James ************************

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Ely

Counselor at Law

Juris Doctor

64,594 satisfied customers
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

64,594 satisfied customers
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

Doctoral Degree

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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

4,156 satisfied customers
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

33,582 satisfied customers
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

33,582 satisfied customers
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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