How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Pro Your Own Question
Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24870
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
11688690
Type Your Real Estate Law Question Here...
Law Pro is online now
A new question is answered every 9 seconds

An owner did some work to his carport years ago. This was approved

This answer was rated:

An owner did some work to his carport years ago. This was approved then but he lost the form. Now the management company is giving him a compliance notice for not having an Architectural Request form for the project. What would be his argument to have his case closed? I don't think he should have to provide another AR after all these years.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


How long ago was the work done?

Was that management company managing the HOA at that time?

Did he get the permits from the municipality if they were required?
Customer: replied 4 years ago.

How long ago was the work done?


 


My guess is six years ago.



Was that management company managing the HOA at that time?


 


No. It was another company



Did he get the permits from the municipality if they were required?


 


I'm not clear on that. The project was for a carport extension.

How long ago was the work done? My guess is six years ago.


Was that management company managing the HOA at that time? No. It was another company



Did he get the permits from the municipality if they were required? I'm not clear on that. The project was for a carport extension.

 

 

OK, best arguments:

 

That the previous management company should have turned over the records to them - I guess they didn't operate nor manage correctly and he can't be responsivle for their lack of due diligence, negligence, and carelessness.

 

 

That it would be economic waste to tear down something that's already constructed.

 

 

That by their failure to complain or ask for the information till now is laches and they are estopped from asking for such.

 

Laches (/ˈlæɨz/; LA-chəz; Law French: "remissness", "slackness", from Old French laschesse) is an "unreasonable delay pursuing a right or claim...in a way that prejudices the [opposing] party" When asserted in litigation, it is an equitable defense, or doctrine. The person invoking laches is asserting that an opposing party has "slept on its rights," and that, as a result of this delay, circumstances have changed such that it is no longer just to grant the plaintiff's original claim. Put another way, failure to assert one’s rights in a timely manner can result in a claim being barred by laches. Laches is a form of estoppel for delay. [Wikipedia]

 

That by their not doing anything till not - they acquised or consented to the structure.

 

I would double check with the local municipality and see if he got a building permit - if so, that's additional argument for him.

 

 

 


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

Law Pro and 4 other Real Estate Law Specialists are ready to help you