Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

I am currently on the Board of my HOA. I started to run. I…

Customer Question
I am currently on the...
I am currently on the Board of my HOA. I started to run for reelection. I was told that I could not run because of a term limit amendment to the By Laws passed in 2003. I have the only two people who are alive from the 2003 Board who say the term limit By Law was never passed. I was elected to the Board for my fifth term in 2014 with the Board knowing about the purported term limit law. They never stopped me from running, informed me while I was in office that I should not be serving and only involved the law when I went to run for a new term. There was a second member who served as the president of the Board for four terms after 2003. He was never stopped from running or serving.
Thus, I have people who are the only survivors from the time the Board purportedly passed the By Law that say it never happened and I believe I have a virtual waiver of the law if it did pass by their letting me and the other person serve beyond their term limit.
I need to have myself restored to the election process and the election process held up until that can happen.
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 17 minutes by:
2/9/2016
Real Estate Lawyer: J. Warren, Lawyer replied 2 years ago
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,250
Experience: Experience in residential real estate and commercial leases.
Verified

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry you are dealing with this situation. Unless the bylaws were formally amended to add term limits and such is apparent and made part of the corporate record, term limits may not arbitrarily be set. If there is no amendment on the books then an HOA can not stand behind the assertion. If however, there is a dispute (issue of material fact) as to whether the amendment was properly past, then this will need to be settled through a court or arbitration. If parties can't agree as it appears in this case and an issue exists such as in this situation, court intervention will be necessary.

This is also true if the Board continues to deny you to run for re-election based on term limits which may not be valid and if valid may certainly have been waived by prior dealings and practices. Regardless of whether you have a valid argument and a legal position to assert your position, if you cannot convince the Board of this it will be necessary to bring a legal action to seek an order to get the Board to behave reasonably. In other words you are trying to push a string and even though you have a valid position, to resolve this is likely going to require that you retain local counsel to either persuade the Board, prior to taking legal action to be reasonable and change its position.

All my best and encouragement.

Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated “ok” (3 stars) or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: J. Warren, Lawyer replied 2 years ago

I hope you found the information helpful. Please remember to rate my services, I realize it takes extra time and effort and I appreciate you taking the time in doing so.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: J. Warren, Lawyer replied 2 years ago

Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask J. Warren Your Own Question
J. Warren
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,250
2,250 Satisfied Customers
Experience: Experience in residential real estate and commercial leases.

J. Warren 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

11,126 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
Can an HOA board cancel or postpone an annual meeting?
Can an HOA board cancel or postpone an annual meeting?… read more
socrateaser
socrateaser
1,031 satisfied customers
What is the statute of limitations on collection of HOA dues
What is the statute of limitations on collection of HOA dues in California? I had to stop paying in March of 2008, a lien was put on my condo October of the same year. The condo went into foreclosure … read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
can an Hoa trespass on my property and refuse to leave over
can an Hoa trespass on my property and refuse to leave over a dangerous tree that I am getting taken down after a branch took down me and my 2 year old daughter. This tree is heavily stressed and was … read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
Virginia HOA issue. Petition sent to HOA Board.Copy sent to
Petition sent to HOA Board.Copy sent to Management Company … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,587 satisfied customers
I have an HOA question. I was out of country when HOA sent
I have an HOA question. I was out of country when HOA sent letters for me to clean mildew off my siding and pressure clean my driveway. They were aware I was out of country because they emailed me a n… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,841 satisfied customers
I indeed have a question, on HOA ,atters. on our HOA. We
Hello ****. I indeed have a question, on HOA ,atters … read more
Lori
Lori
Juris Doctor
1,343 satisfied customers
I'm atheist, and I live on a 55 plus HOA community, My HOA
Hello, I'm atheist, and I live on a 55 plus HOA community, My HOA is conducting a meeting at a church. I really want to go to the meeting because its on my best interest and I want to be updated on my… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My HOA board granted the HOA president use of platted common
My HOA board granted the HOA president use of platted common area in the attic space located above her unit in violation of the HOA rules that require 67% of the homeowners authorization. The did this… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,556 satisfied customers
My wife and I is having a problem with our HOA. The HOA and
Second opinion] My wife and I is having a problem with our HOA. The HOA and ACC is trying to enforce bylaws that are not in our HOA declarations. we started a fence privacy project in 2016 we notified… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,841 satisfied customers
My wife and I is having a problem with our HOA. The HOA and
My wife and I is having a problem with our HOA. The HOA and ACC is trying to enforce bylaws that are not in our HOA declarations. we started a fence privacy project in 2016 we notified the HOA we will… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Regarding an HOA. IS it legal for an HOA to "park" debts
Regarding an HOA. IS it legal for an HOA to "park" debts such as assessment fees, interest charges, recording fees, etc. without any notification to homeowners in any manner for nine months. Then with… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Can individual HOA members be liable for HOA common
Can individual HOA members be liable for HOA common property? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 satisfied customers
How long does the HOA Board have to approve a repair proposal
How long does the HOA Board have to approve a repair proposal in Texas?… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,207 satisfied customers
Help! We had a hostile takeover of our HOA Board of
Help! We had a hostile takeover of our HOA Board of Directors on Friday. Our elected president resigned because he felt that how this was done was horribly illegal. 2 temporary Board member were appoi… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
Are HOAS required to have a financial audit? How often?
Are HOA'S required to have a financial audit? How often?… read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers
How do I change the fiscal year for our HOA? This is not a
How do I change the fiscal year for our HOA? This is not a contentious issue, but a unanimous wish. Jan-Dec is horribly inconvenient. We would prefer a year that ended in June; July and August would b… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We had an existing voluntary HOA when we moved in. The previous
We had an existing voluntary HOA when we moved in. The previous owners of our home were a member. We opted not to join when we purchased our house in 2001. Today we found a notice with back to fees ow… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
Can HOA meeting minutes be approved by the board members via
Can HOA meeting minutes be approved by the board members via e-mail… read more
max713
max713
Lawyer, Mediator, Partner, and COO
Doctoral Degree
1,179 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