Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

I'd like to know specifically what cause of action can I…

Customer Question
I'd like to know...

I'd like to know specifically what cause of action can I bring to small claims court. My HOA board has offered to pay me to move twice, and sent four notices of alleged violations without notice of right to attend, says I cannot write other members about this but provides no option under opt out statute, even threatened to get restraining order if I contact members about Board misconduct/governance issues

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

I emailed chair of AC committee and demanded retraction for false statements she made about me=I am 'harassing her. I then mailed membership rebuttal to this=I am 'harassing membership. I threw board outside HOA boundary=I violate common area rule, not even my board. I put gravel behind my gate=violation of common area rules, but I didn't and its not HOA land. Threat is fine, doubled fines if I repeat contact with members and court action for restraining order. This violates IDR agreement and Ethics policy of no retaliation against dissident owners.

Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 7 hours by:
2/3/2016
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,793
Experience: B.A.; M.B.A.; J.D.
Verified

In what do you reside?

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

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Can a HOA committee asses a fine without action taken by the
Can a HOA committee asses a fine without action taken by the board. Thanks. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,356 satisfied customers
Seeking opinion on HOA covenants. Have an question about our
Seeking opinion on HOA covenants.Have an question about our weather a sub-division converting from public to private roads constitutes a change in the covenants of the subdivision.Our sub-division is … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,356 satisfied customers
Florida HOA I live in an HOA Ch 720. Violations that weren't
Florida HOA I live in an HOA Ch 720. Violations that weren't corrected used to go to a fining committee first, where the committee voted to fine or not. If they voted to fine, a fining letter went out… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Florida HOA. I live in an HOA Ch 720. The way I read the law
Florida HOA. I live in an HOA Ch 720. The way I read the law about fining procedures for violations is that the board votes to "propose" a fine, then sends it to the fining committee to approve or dis… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
If I got a petition signed by 10% of homeowner in regards to
If I got a petition signed by 10% of homeowner in regards ***** ***** have the Appeals Committee to overturn a ruling they made because a homeowner was in violations of the HOA covenants. Then a membe… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,111 satisfied customers
I live in a HOA my front room window is next to my neighbor
I live in a HOA my front room window is next to my neighbor front door. This is a common area (so I have been told) She has put a gate lawn chairs in front of my window. I feel like my right to a peac… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
I am the president of SCBC, Inc which is a Home Owners
I am the president of SCBC, Inc which is a Home Owners Association in Waretown, NJ. I have been president for 17 years. Recently, there has been a very small group of people who have been causing trou… read more
Bill Fix
Bill Fix
Attorney
Juris Doctor
81 satisfied customers
I requested a copy of the letter from hoa management to the
I requested a copy of the letter from hoa management to the condo above me as they had damaged the awning; and this owner came after me. Do I have the rite to see this letter they sent?… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,356 satisfied customers
5-1-12 HOA req this CA homeowner (HO) to paint home. 7-2012
5-1-12 HOA req this CA homeowner (HO) to paint home. 7-2012 HO advises immed after the front of 2759 Sq Ft home is painted completely, needed emergency appendectomy. HOA MEETS EVERY 60 days. Stucco ho… read more
socallegalwork
socallegalwork
120 satisfied customers
Can an HOA amend its documents to increase the maximum fine
Can an HOA amend its documents to increase the maximum fine set forth in florida statutes 720 for example the fine limit is $100 per day up to a maximum of $1,000 can the HOA increase it to $200 per d… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
My hoa held a disciplinary hearing to enforce an IDR
my hoa held a disciplinary hearing to enforce an IDR agreement despite the law stating that IDR's are judicially enforceable. I was subject to false statements in the board's report to the membership.… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
I live in Montgomery county in the state of Maryland. I
I live in Montgomery county in the state of Maryland. I am a new board of director at a HOA. HOA does not inform the Regular HOA meeting to the homeowners and a new committee (parking) does not inform… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My HOA is refusing a written request . I have ongoing
My HOA is refusing a written request for IDR. I have ongoing issues with board members harassing my family regarding my children playing in the street… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
We have an 89 unit high rise and our rules state that you are
We have an 89 unit high rise and our rules state that you are allowed two pets, no extra visiting pets allowed. One resident had two dogs but last year allowed her daughters dog to also stay but was t… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Im in an HOA that when we moved in we were allowed to have
I'm in an HOA that when we moved in we were allowed to have a fence. I have my fence along with one other neighbor which was grandfathered in by the board. Since then the board voted not to allow fenc… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,382 satisfied customers
Can a HOA write a letter to your tenant citing FL Statute that
Can a HOA write a letter to your tenant citing FL Statute that directs them to pay their next rent payment to the HOA and not me (Landlord) for alleged outstanding charges? The HOA says I have a $300 … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My HOA says the color of my yard gate must match the trim on
My HOA says the color of my yard gate must match the trim on the house. I am totally puzzled because all external surfaces are plain white. We have received multiple letters imposing fines. The gate l… read more
socrateaser
socrateaser
1,031 satisfied customers
We belong to a HOA in FL and need to know When committees
We belong to a HOA in FL and need to know: When committees are apponted by a BOD -- can those committees collect money for certain functions and be able to hold the money by a resident rather than tur… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 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