Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I FEEL THAT MY HOA HAS UNFAIRLY HANDLED MY ACC REQUEST. THE

I FEEL THAT MY HOA...
I FEEL THAT MY HOA HAS UNFAIRLY HANDLED MY ACC REQUEST. THE COLORS I CHOSE ARE WELL WITHIN THE GUIDELINES OF THE STANDARDS OUTLINED FOR THE COMMUNITY. THE PROBLEM SURFACED TO PAINT MY 'OUT DATED' BRICK TO HARMONIZE BETTER WITH MY COLORS (GRAY WITH SLIGHTLY DARKER GRAY). THERE IS NOTHING IN THE STANDARD THAT SAYS HOMEOWNERS AREN'T ALLOWED TO PAINT BRICK TRIM. NOT ALL HOUSES IN THE COMMUNITY HAVE BRICK TRIM. THE QUESTION BECAME A BOARD ISSUE, AND THEY VOTED IT DOWN. DOESN'T WHETHER OR NOT ONE MAY PAINT THE BRICK ON THEIR HOME HAVE TO BE SPELLED OUT IN THE STANDARD FOR EVERYONE TO SEE AND ABIDE BY IN ORDER TO BE AN ENFORCEABLE ISSUE, OR MAY THE GOVERNING BOARD SIMPLY VOTE MY REQUEST DOWN? THE ACC HAS A ROOFING STANDARD THAT THEY CAN'T ENFORCE AND THEY HAVEN'T BEEN AT ALL CONSCIENTIOUS ABOUT ENFORCING THE FENCE STANDARD REGARDING COLOR. APPARENTLY, THEY INTEND TO START A NEW TREND OF CODE ENFORCEMENT WITH ME. A FACTOR WHICH I FEEL VERY ACUTELY IS THAT THE DECISION THEY MADE IS A PERSONAL ONE BASED ON THE FACT THAT I RESIGNED THE BOARD AND THEY ARE ANGRY WITH ME. THIS PROBABLY SOUNDS LIKE A GOOD PLOT FOR A SOAP OPERA BUT I FIRMLY FEEL THEY HAVE ABUSED THE POWER OF THE HOA TO AVENGE THEIR ANGER WITH ME. I AM SO UPSET I CAN'T REALLY THINK. DO YOU HAVE AN OPINION AND/OR SUGGESTION. I HAVE CONSIDERED THE 'NEIGHBORHOOD JUSTICE' AVENUE, BUT WHEN I CALLED THAT OFFICE THEY QUICKLY TOLD ME THAT WHATEVER DECISION MIGHT BE REACHED WAS NOT LEGALLY BINDING.
Show More
Show Less
Ask Your Own Legal Question
Answered in 23 minutes by:
9/19/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,020
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

This is the problem with HOAs, they are often very arbitrary in their decisions. When a board takes actions on a matter that are not governed by their bylaws and they prevent an owner from doing something not prohibited by the bylaws, the owner's next recourse legally would be to file suit in court for a declaratory judgment to invalidate the board decision as being "outside the scope of their powers and bylaws and also being arbitrary and capricious."

The declaratory judgment action would be your next action if the board refuses to allow this and claims to have voted it down by the board, since the board cannot vote to disallow something that is not prohibited in the bylaws.




I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,020
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 121,020
121,020 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

121,020 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
If I have a non compete with my employer, and then they
If I have a non compete with my employer, and then they change my commission without me agreeing to it, is my contract void? … read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
Just gotten married a prenup was made and I found out that
Just gotten married a prenup was made and I found out that the agreement that was spoken about on my be half was not add to the agreement maybe cause the person that was drawing the agreement up is re… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My ex and I broke up December 4th after being together 4
My ex and I broke up December 4th after being together 4 years. In February of 2016 we got a dog. His parents originally put a deposit down on the dog but the breeder thought something was wrong with … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I own 2 units in Kissimmee, I was on the board for 5 years,
Hello, I own 2 units in Kissimmee, I was on the board for 5 years, 2 years ago after I was off the board our troubles began. We have a big problem, most of the the rules, and regulations, and bylaws registered with the county have been ignored. There has been an illegal board since April of this year (2 members only). There was an annual board meeting in September, a new budget passed raising dues, and accepting a $500,000.00 loan, none of the owners were advised. They made sure that the owners could not attend, or participate. If this half million dollar loan is used it will bankrupt Sweet Water, 119 units, we can not dept service this loan, even with the added dues. Is there any thing we can do, or is there a governing board we ca go to, before the inevitable happens? Thank you Tom Bories … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,020 satisfied customers
To whom this may concern, I am a union member that i have a
Good morning to whom this may concern, I am a union member that i have a decision on a grievance that has been settled. I won the decision back in 2000. I now have and issue with company that started … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,020 satisfied customers
Do HOAs/developers need to follow civil code Civil Code
Do HOAs/developers need to follow civil code Civil Code §4340 in changing the “design guidelines” I know under that code rule changes requires a 30 day prior notice and a 15 day post notice to all own… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,020 satisfied customers
I own a food truck and I am having an issue with the city of
Hello, I own a food truck and I am having an issue with the city of Casper, WY. They are requiring inspections that are not required by city code. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,020 satisfied customers
Florida HOA. Ch 720. My bylaws say "The ballots prepared for
Florida HOA. Ch 720. My bylaws say "The ballots prepared for the annual meeting shall list all prenominated Director candidates in alphabetical order. Ballots shall be mailed to all members with notic… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,020 satisfied customers
Lost original certificate of origin for travel trailer and
lost original certificate of origin for travel trailer and dmv will not accept my paperwork to issue tag and title … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
We own a property that is on Ford Lake. folk lore keeps the
We own a property that is on Ford Lake. folk lore keeps the people from following reparian rights as settled by the Supreme Court in the Cadillac. Who can I contact to end this foolishness that we hav… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,020 satisfied customers
What happens in commercial law when the action your doing is
What happens in commercial law when the action your doing is both legal and not legal depending on how you think about it? Each view is equally valid.… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
I recently brought a car and can not get my license plates
I recently brought a car and can not get my license plates due to fact that One Main Finance put on my credit score I still owe them. That is untrue when I was in the hospital for cancer treatment American Insurance was to pay on the loan. One Main is noted to screw over people by creating deliberate keep peoples tiles to collect additional money. I quess I fall into the victim category to screw over for more money. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
In 2006 my mother got a lump sum reverse mortgage loan. The
In 2006 my mother got a lump sum reverse mortgage loan. The problem with that is, she was coerced into this after being systematically overmedicated by my brother and my moms live-in care provider. I … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
Dish network claims I signed a contract extending my
Dish network claims I signed a contract extending my services for 2 years when I added and extra room to my service. But I would have never agreed to that especially without getting great pricing firs… read more
Thelawman2
Thelawman2
Doctoral Degree
1,291 satisfied customers
60% of HOA members voted to remove Director from the Board.
60% of HOA members voted to remove Director from the Board. He refused to step down and replied - only by the court.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,020 satisfied customers
My husband is being sued for a declaratory judgment. Would
Hi. My husband is being sued for a declaratory judgment. Would he need an attorney who practices in federal court or state court. Thank you … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
Petition for Declaratory Judgment filed against me & my
Petition for Declaratory Judgment filed against me & my Business Brokerage for dispute on payment of Contingency Fee for acquisition X. The PEG & their Texas Corp filed this in Texas/Harris county dis… read more
socrateaser
socrateaser
1,031 satisfied customers
Is a declaratory judgment faster than filing a regular
Is a declaratory judgment faster than filing a regular lawsuit? For example, if I was a candidate for city commission, and the commissioner did not call for a special election like they should, could … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x