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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118676
Experience:  Attorney experienced in commercial litigation.
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The HOA I live in places your park model ( park rule park

Customer Question

The HOA I live in places your park model ( park rule park model will be placed by park employee) HOA change the measurements many years ago. In 2006 they placed our park model on top of the easement and five feet from the back. This should have been five feet from the property line which would have been off of the easement not on the easement. I know of at least sixty placed wrong. 2010 the HOA says we must be in compliance by 2040. The HOA know they were placing park models wrong for the past 20 or more years. Could this be fraud? What are my legal action to take? Thanks Phil
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is not fraud, it is negligence on the part of the HOA and it is their liability to move the model since they incorrectly placed it or they must grant you a waiver since they placed the home there and it has been there since 2006 with their knowledge and the legal theories of waiver, laches and also equitable estoppel apply. Waiver means that by them knowingly placing the model as they did, they waived the requirement of the easement. Laches means that because they have known of the problem for almost 10 years it is not prejudicial to you to try to force you to move it. Finally, estoppel means that because their own negligence caused this, they cannot hold you liable for their error and if they want it moved they have to bear the cost of the move.
So you have grounds to sue them to force them to move the unit to the proper place and they are liable for all costs incurred in moving the model.