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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I seemed to have lost my question before getting an answer.

This answer was rated:

I seemed to have lost my question before getting an answer. The question pertained to the legality of an occupancy agreement serving our association. Is it legal and binding as our ByLaws? Because not all of it served the association needs it was revised twice.

Thank you for your question.

Can you describe the occupancy agreement in greater detail? Who is the agreement between?
Customer: replied 4 years ago.
The occupancy agreement was given to us when an attorney was in attendance to form our lake association . It is more less rules pertaining to the land(space) each shareholders unit is occupying. It is not ground rules and regulations.
Was the agreement adopted by the association?

If so, was this done through a vote, or was each member asked to sign off on it?
Customer: replied 4 years ago.
Each shareholder signed at the time, however there was disagreement with the original occupancy agreement thus it was revised with yet remaining disagreement therefore that revision was not signed by all shareholders. This is a very disorganized association and I do not know whether the board approved the revision. At the present time I am a part of a committee to read through and revise it once again. As it stands is the original one legal and binding. Are these agreements a legal document or merely quite rules?
If each shareholder signed the original agreement, then it is going to be a legal-binding agreement. Only the original agreement which was approved by everyone will be binding. The revisions which were not approved by everyone will not be held to be binding.

In regard to the substance of the occupancy agreement, is there a particular question you have?
Customer: replied 4 years ago.
Is the occupancy agreement a legal document that would stand as such in a court of law or is it a guideline ? Can it legally be enforced?
I assume that it would. However, without reading the agreement I cannot really tell you as whether it can be enforced on its own or is a supplementary agreement.

Are you able to scan the original and send it to me?
Customer: replied 4 years ago.
I will need to ask someone familiar with the iPad if scanning the document is possible. If so, how do I get back to you? I'm not questioning your area of law expertise but in reading your profile, I do not see anything involved with associations. This is a very small association consisting of 33 shareholders none of whom are professionals . There is nothing wrong with non professionals except from lack of experience they are unaware of how an association operates. I find this extremely frustrating. Last summer my questions to Just Answer were about ByLaws which the president and board of the association decided they could change without the vote of the shareholders.
You would need to send it [email protected]

In the Re line put: to ZDNLaw regarding

In regard to your question regarding my experience, I've litigated multiple cases involving associations. I'm fully able to handle your question.

If you want a different expert, just let me know and I'll opt out.
Customer: replied 4 years ago.
No, I do not want you to opt out, I was merely needing to know the answer you gave . I will check out scanning the original and if not possible, you have given me advice. Thank you.

A question you may not be able to answer---why did I pay I believe it was $58 to Just answer last August? Was it membership or what? I do not remember.
I'm not able to comment on any of JA's billing procedures.

Please let me know when you send the scan if possible and I'll take a look and get back to you.

TexLaw and 3 other Legal Specialists are ready to help you