Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

My condo was involved in a fire on February 17, 2015. There…

Customer Question
My condo was involved in...
My condo was involved in a fire on February 17, 2015. There were 8 units in the building. Four were completely destroyed and all that remains is the concrete slab. My unit is standing but sustained smoke and water damage but no fire damage. The HOA has received a settlement from Traveller's insurance, but to date they have done nothing to rebuild all 8 units. The owners of the 4 standing units have not received anything in writing to notify us of the status of the rebuild. The HOA is demanding that we pay monthly assessment fees for services we do not receive (i.e., cable, property/building maintenance, lawn care and landscaping, expanded basic cable, pest control/termite prevention, pool maintenance, legal/business expenses, property insurance and bond, grounds maintenance, dumpsters and garbage removal, telephone/website, utilities (lighting) and capital reserve. I had paid 2015 assessments in advance. When I asked for a refund since I have none of the services above, I was told that I had to pay for "roads". The president of the HOA will only talk on the phone and the information she provides is not consistent. She states that 100% of all the owners has to approve of any rebuild or tear down. She also states that the association cannot get in touch with all the owners. I find this doubtful since they collect monthly assessments. I would think that 100% of the owners of the building would have to agree on what to do with the property. There is a fence around the property that is locked and I have been refused entry into my unit. It has almost been a year since the fire and the standing units have not been tarped to prevent further damage from rain and infestation by rodents and bugs. This property is Cobblestone Condominiums in Huntsville, AL. Do I and the other owners have to pay monthly fees?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
1/29/2016
Real Estate Lawyer: P. Simmons, Lawyer replied 2 years ago
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,691
Experience: 12+ yrs. of experience including real estate law.
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma

Can you tell me, what do the bylaws of your HOA say about this, if anything?

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,111
12,111 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:

Barrister

Barrister

Lawyer

12,111 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 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

4,998 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

37,691 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
In the inspection phase of a contract to purchase a small
in the inspection phase of a contract to purchase a small condo to renovate for my elderly mother. My inspector noted 2 things that have me questioning who is responsible. Note the CC&Rs state that th… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,358 satisfied customers
A waste line under the concrete slab of a condo unit sinks
A waste line under the concrete slab of a condo unit sinks and about 20 feet of the waste line needs to be replaced. The unit owner's tile floor has to be torn up, the slab has to be broken open and t… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
We recently discovered that the fire sprinkler heads in our
We recently discovered that the fire sprinkler heads in our condo units were recalled and need to be replaced. What we're trying to figure out is who is responsible for paying for the replacement, the… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Termite damage, who is liable to pay for repair & damages?
Termite damage: who is responsible to repair and pay for the damage? We are a 3 unit condo with termite damage; HOA is going to de-termite the building with tenting, gas, etc. Location is Santa Monica… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I am a condominium unit owner in Oakland, CA. My unit has an
I am a condominium unit owner in Oakland, CA. My unit has an exterior deck (which is on top of a finished concrete podium slab). Many years ago (20+), someone added ceramic tile on top of the exterior… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,111 satisfied customers
Does a homeowners association have the authority to order an
Does a homeowners association have the authority to order an owner to (1) vacate a townhouse to facilitate tenting for termites if so, does (2) Does the HOA have the authority to compel an owner who d… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
In my building with 4 units, the unit 4 is asking the HOA to
In my building with 4 units, the unit 4 is asking the HOA to pay for the water damage done to his unit in 2009. According to him his insurance was denied since there was no proper maintenance of the b… read more
J. Warren
J. Warren
Attorney
Doctoral Degree
2,241 satisfied customers
Seven out of 16 units in a condo association do not want the
Seven out of 16 units in a condo association do not want the building fumigated due to fear of health risks involved in fumigation. If these seven homeowners refuse to leave the building for the tenti… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I live in on the 7th floor of a mid-rise condo in northern.
I live in on the 7th floor of a mid-rise condo in northern Virginia. I recently discovered there are mice in the building. I was told by the maintenance man here that they have known of the problem fo… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
Okay. Could I possibly negotiate the back maintenance fees
Okay. Could I possibly negotiate the back maintenance fees with HOA since it included water, garbage and cable? The unit has been abandoned for two years. Is it HOA responsibility to file lien in 60 d… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The mobile park I live in, I own the house and pay rent on
The mobile park I live in, I own the house and pay rent on the lot. Recently the park contracted out and laid cable wires throughout the park. In my lot the cable was pounded through the ground direct… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
I bought a townhome last year and have come to find out that
I bought a townhome last year and have come to find out that my unit is termite infested even though the property supposedly "passed inspection" during escrow. My HOA board is completely against tenti… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
my HOA management company states due to delinquent homeowners
my HOA management company states due to delinquent homeowners not paying their share of HOA fee, we who are paying will no longer have cable/internet paid for thru HOA fee. This was stated in our agre… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
I live in a Condo with Homeowers Assoc. I have termites. I
I live in a Condo with Homeowers Assoc. I have termites. I had a pest control company come out and treated. There is extensive damage, the Assoc. dropped Termite Bond who is responsible? I have heard … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,111 satisfied customers
I had a flood & my insurance co paid for all damages except
I had a flood & my insurance co paid for all damages except the damage paint & drywall, saying that was the responsibility of the HOA. I now have rats running around in my walls & my HOA tells me that… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
I was assessed by my former HOA for a accidental fire back
I was assessed by my former HOA for a accidental fire back in 2005. Since I was moving and was about 4 days before closing escrow the Board assessed me $2200 for overages due to lack of homeowners ins… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
HOA & sale of condo with termites & structural damages, advice?
My condo's HOA consist of 4 units. The HOA was almost nonexistent for almost three years. The woman that ran the Associate died three years ago, she was in unit 3. Unit 3 sat empty for a year and a ha… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
I own a condo in Josephine Cty. Oregon that has been on the
I own a condo in Josephine Cty. Oregon that has been on the market for 3 yrs. Prospects are turned off because of the negligence of the complex' grounds. Price has gone from $153K in a good market to … read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 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