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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:***@******.***

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,056 satisfied customers
I purchased a house in July this year and noticed there are

I purchased a house in July this year and noticed there are rodent activities after we moved in. We found out that the previous owner had knowledge of the rodent activities, but did not disclose to us (I obtained an inspection report from pest control company dated May confirming rodent actitivies, before we signed contract,), no recommended repairs were done. The seller disclosure did not mention rodents specifically, but have clause "other hidden defects have not otherwise been disclosed", do I have a chance to sue them for damage in the small claims court?

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Loren

Juris Doctor

37,080 satisfied customers
My neighbor built his driveway that extend across on my

My neighbor built his driveway that extend across on my property under my front window. I spoke to him numerous times as to where the property line is even before he built it. I would like to have him remove it so I can build my own fence. I sent him a certified letter giving him a deadline to remove the concrete structure(yard) What can I do to get him to act seeing I don't have money to take him to the Supreme Court.

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P. Simmons

Attorney

Doctoral Degree

35,662 satisfied customers
There is a concrete restraining wall at the back of my

There is a concrete restraining wall at the back of my property. It seems to be on the verge of collapse. I don't know if the wall is mine or my neighbors. His property is higher and mine lower. Who would be responsible if the wall falls onto my property? I suspect the reason is tree roots from a tree at the back of his property.

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RealEstateAnswer

Juris Doctor

30,400 satisfied customers
1.) Can I sue my HOA for fines they are charging to my

1.) Can I sue my HOA for fines they are charging to my landlord which are being passed to me?2.) Without detailing everything. The gate to our Tennis court was accessible without a key. There was at least one time where another child had got stuck inside the gate. My child got stuck. Myself and two other kids freed my son.After meetings and what not. The HOA determined I was 50% responsible, a second party 40% and a 3rd party 10% for damages.The bill is $1925.The bulk is $1150 to replace and reinforce a support beam. Should this fee be part of the bill? I have pictures and video of the fence and its damage.

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CalAttorney2

Attorney

Doctoral Degree

20,082 satisfied customers
I own a townhouse attached to neighbors' townhouses on each

I own a townhouse attached to neighbors' townhouses on each side. We are not part of acoop/condo association. We have sole ownership/responsibility for our individual dwellings, both inside and outside.One of my adjacent neighbors has affixed a metal structure to one of my walls whichfaces his property, through which he has run cables for his newly installed central air system. He recently bought the house, so we have no longstanding relationship.This was done without my knowledge or consent and was brought to my attention byanother neighbor.I do not want this structure on my home and would like to know what my legal rights arewhen I approach him to request its' removal.

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Loren

Juris Doctor

37,080 satisfied customers
F.S. 633.0215 - Florida Prevention Code states as follows:

F.S.(###) ###-####- Florida Prevention Code states as follows:The State Fire Marshall shall adopt by rule pursuant to ss 120.536(1) and 120.54, the Fire Prevention Code which shall contain and incorporate by reference all firesafety laws and rules that pertain to and govern the design, construction, erection, alteration, modification, repair and demolition of public and private buildings, structures, and facilites and the enforcement of such firesafery laws and rules.Florida Fire Prevention Code under F.S 633.022 states as follows:—The Legislature hereby determines that to protect the public health, safety, and welfare it is necessary to provide for firesafety standards governing the construction and utilization of certain buildings and structures. The Legislature further determines that certain buildings or structures, due to their specialized use or to the special characteristics of the person utilizing or occupying these buildings or structures, should be subject to firesafety standards reflecting these special needs as may be appropriate.(1) The department shall establish uniform firesafety standards that apply to:(a) All new, existing, and proposed state-owned and state-leased buildings.(b) All new, existing, and proposed hospitals, nursing homes, assisted living facilities, adult family-care homes, correctional facilities, public schools, transient public lodging establishments, public food service establishments, elevators, migrant labor camps, mobile home parks, lodging parks, recreational vehicle parks, recreational camps, residential and nonresidential child care facilities, facilities for the developmentally disabled, motion picture and television special effects productions, tunnels, and self-service gasoline stations, of which standards the State Fire Marshal is the final administrative interpreting authority.Issues:F.S.(###) ###-####speaks in general of "public and private buildings". It defines those kinds of buildings as the appropriate category for application in a number of ways that clearly exclude "existing structures" unless said structure are in the process of some "alteration, modification or repair".But F.S.633.022 limits the application of the "uniform firesafety standards to only some categories of public and private buildings. Moreover, the mandatory standards are specifically mentioned and intended to apply to both new and existing but only to very specific public and private buildings.Thus the clear and convincing interpretation (to me anyway) of the law is as follows:1. No existing "private building" not in the process "alteration, repair or modification" is subject to the law under any circumstances.2. The precise articulation of the term "existing buildings" in FS 633.022, distinguishes existing buildings from the other categories defined in(###) ###-#### It is not therefore a matter of a "scrivener's error" or subject to any other interpretive intent but that which I have given it.Questions:1. Absent any other conflicting statute, is my interpretation shown in Issue # 1 above correct?2. In the light of the very specific listing in 633.022 of which "existing buildings" are covered, is it not very clear that private buildings not in the process of "alteration, medication and improvement" are absolutely not included?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,056 satisfied customers
We developed a project and are the owner of the building in

We developed a project and are the owner of the building in Philadelphia. The zoning is for a multifamily. RM-1. Idea is to lease the whole space to a company and they will lease the rooms or beds to the students. Is there any liability for us or the lessor? if so, what type of agreement we should have?

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Attyadvisor

Doctoral Degree

7,104 satisfied customers
I put my condo on the market and and have lost two buyers

I put my condo on the market and and have lost two buyers due to a water issues in my crawlspace. The crawlspace is wet due to two issues; first, there is an outside faucet which is leaking and the water is going back into the crawlspace. Second, there are no gutters or downspouts to move the water away from the condo. The Association contacted me today and told me that all of these issues are my problem. I thought I was responsible for the "sheet rock in" and the Association for repairs to the outside of the building. While I understand the crawlspace is inside - it is due to their negligence in maintaining the outside of the building that I have water inside. What are your comments? What do I do next?JA: Where is the property located?Customer: Wasilla, AlaskaJA: Has any paperwork been filed?Customer: Not yet.JA: Anything else you want the lawyer to know before I connect you?Customer: Not that I can think of at this moment.

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Damien Bosco

Attorney

Doctoral Degree

3,080 satisfied customers
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