Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Board passed a "rule" no enclosing lanais, as lanais are considered…

Customer Question
Board passed a "rule" no...
Board passed a "rule" no enclosing lanais, as lanais are considered a common area, yet we are responsible for storm shutters to safeguard the property in event of a storm. Unit below me has lanai enclosed from agreement with original builder before docs were in place. Board cites a potential "terrarium" effect from mold. My lanai is unusable everyday that it rains as it floods 2 inches deep with rainwater for hours afterward. Do I have any recourse to enclose my lanai with Dade code approved storm doors in order to make it useable year round? Every high end condo on the beach here in Naples has done that, as well as numerous other communities. This seems like a short sighted, ill conceived rule by our Board. Thanks.
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
6/24/2015
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,604
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
.
In a situation like this, the Board is essentially a mini-government for the development and is able to pass rules under the Bylaws that give them that authority to act in what they feel is the best interests of the owner/members and for the development itself.
.
So unfortunately, the fact that any local agency approved the doors wouldn't trump the Board's power to enact rules for the development and enforce them in the event of a violation.
.
With that said, if you haven't already done so, your recourse would be to appeal their decision and attempt to get them to change their position to allow the storm doors..
.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.
.
thanks
Barrister
Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,604
41,604 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister 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

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

41,604 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I need legal advice on two issues. Firstly, rental deposit
I need legal advice on two issues. Firstly, rental deposit being held in bad faith. Secondly, my landlord asking to buy my furniture, changing her mind, and now charging me for "storage" in the apartm… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Am I breaching any agreement by not signing my new tenancy
Am I breaching any agreement by not signing my new tenancy lease agreement … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
In Pennsylvania i have a house ..we all pay on bills..is
In Pennsylvania i have a house ..we all pay on bills..is there a occupancy limit for unrelated. Roomates… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I'm buying a house in beaver falls pa. It is zoned
I'm buying a house in beaver falls pa. It is zoned residential, I have an old barn that I would like to restore and hold occasional events. What is the law in this township for permits? … read more
Edward Young
Edward Young
Juris Doctor
395 satisfied customers
How would you suggest going about finding them. Cant i make
How would you suggest going about finding them. Cant i make a police report and have them looking for them and have either the police or me serve them the summons once they track them down because if … read more
Barrister
Barrister
Lawyer
41,604 satisfied customers
As a sublet are you required to pay utilities after your
as a sublet are you required to pay utilities after your lease has expired? We are being told that we have to leave all utilities on 7 days after the lease ends. We are sublets and we never signed any… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,835 satisfied customers
I have ten acres next to the municipal airport. the land
I have ten acres next to the municipal airport. the land owner next to me wants to build a parking lot with lighting next to our property. we are worried about the lighting at night and security betwe… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,825 satisfied customers
My HOA informed me that they will not allow my tenants to
My HOA informed me that they will not allow my tenants to renew their lease in Minneapolis. They do not have any evidence they are violating any rules or regulations. They updated the Rules and Regs t… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
We just listed our house for sale and have renters in it.
We just listed our house for sale and have renters in it. They signed that they would agree to allow real estate agents to show the house with 24 hours notice and no showings before 11am. I just had 3… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,835 satisfied customers
I am on a 6-month lease term, beginning on February 1st,
I am on a 6-month lease term, beginning on February 1st, ending on July 30th, 2018. I found this Apartment listing on craigslist. It was a room and a bathroom for $1000. There was 4 people on the leas… read more
Barrister
Barrister
Lawyer
41,604 satisfied customers
I have grounds to Terminate a contract with a mortgage
I have grounds to Terminate a contract with a mortgage lender, they classified the loan as an installment loan. It's a Manufacturer Home in GA, so the paperwork was different from a normal closing but… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,568 satisfied customers
Where do i find a list of class action attorneys who would
where do i find a list of class action attorneys who would consider a class action suit against the entire national band of commercial mobile park owners ? how much might it cost ? how long might it t… read more
LegalGems
LegalGems
Juris Doctorate
11,930 satisfied customers
I received a rental property as a gift. The tenant damaged
I received a rental property as a gift. The tenant damaged the property and i had to repair it. I did not haendve the money to do so. I asked my friend who gifted to me to pay for the repairs untill i… read more
Barrister
Barrister
Lawyer
41,604 satisfied customers
Ray, What a tiring week. I work so hard on the answer and
Hi Ray, What a tiring week. I work so hard on the answer and affirmation defenses and mailed it today -the last day. It was 200+ pages of exhibits and 10 pages of text. You may remember, there are 3 c… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
My sister is a real estate agent in Mechanicsville va. She
My sister is a real estate agent in Mechanicsville va. She put her own condo up for sale and she has a couple interested based on repairs and appraisal She has told them she will not do any repairs. S… read more
Barrister
Barrister
Lawyer
41,604 satisfied customers
I would like to due a 10/31 exchange, and would like to live
i would like to due a 10/31 exchange, and would like to live in the house is there anyway of doing that… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,107 satisfied customers
Can a commission agreement be presented as an exclusive
Second opinion] Can a commission agreement be presented as an exclusive agency agreement? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,825 satisfied customers
My Mom is in failing health and her townhouse was foreclosed
My Mom is in failing health and her townhouse was foreclosed and sold at auction at DeKalb Court House, DeKalb GA on 5/1/2018 to a 3rd party for $160,000.I think the remaining mortgage was ~ 97,000 at… read more
Jessica B
Jessica B
Juris Doctor
1,036 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