Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I own a condo The HOA rules stipulate I am entitled to 2

Customer Question
vehicle parking stickers . I...
I own a condo The HOA rules stipulate I am entitled to 2 vehicle parking stickers . I have only used 1 car over the past several years. My husband and I use the same car but now we need 2 cars. I am behind in my maintenance but I have filed bankruptcy so I can get caught up with my payments. Are they allowed to deny me a second parking sticker based on the fact I am making payments to past due maintenance? There is no mortgage on the condo. I own it outright. Thanks *****
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
3/11/2016
Real Estate Lawyer: LawTalk, Attorney replied 1 year ago
LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37,855
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
Verified

Good evening Debby,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Since you filed bankruptcy have to been 100% current with all of your post-bankruptcy filing HOA fees due? In other words, are there any fees that you owe that are not covered by the bankruptcy because they came due AFTER you filed for bankruptcy?

Doug

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
no
Customer reply replied 1 year ago
nothing to add our previous and past payments are all covered in our bankruptcy payments.
Real Estate Lawyer: LawTalk, Attorney replied 1 year ago

Hi Debby,

Federal law prohibits anyone from discrimination against you based on the fact that you have filed bankruptcy. If you are current with your post-filing fees then if your deed and/or the by-laws allow you two parking spaces, then it is illegal for the HOA to deny you the second pass based on your bankruptcy status and the fact that you may owe them money that is covered by the bankruptcy.

You may sue the HOA to get your parking permit and ask for punitive damaged for their illegal behavior. You may sue in small claims court in CA for this if you wish.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Ask Your Own Real Estate Law Question
Real Estate Lawyer: LawTalk, Attorney replied 1 year ago

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Ask Your Own Real Estate Law Question
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37,855
37,855 Satisfied Customers
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

LawTalk 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

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

37,855 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

4,899 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
I am in an HOA. The HOA wants an air conditioner unit at the
I am in an HOA. The HOA wants an air conditioner unit at the rear side of the home to be removed but the bylaws states must be removed from front wall or Windows. Also individual in the home previousl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I wanted to know who is responsible to enforce maintenance
i wanted to know who is responsible to enforce maintenance on a drainage easement in Bexar County? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,903 satisfied customers
Are you familiar with Arizona HOA law? Arizona. And no. We
Yes and no. We are disputing fees. It was sent to a collection lawyer. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Barrister: HOA is foreclosing on lien for HOA dues. Court
Barrister:HOA is foreclosing on lien for HOA dues. Court filed notice of impending dismissal. Evidently they did not meet the deadline. Court filed :Dismissed/Dismissal. Can't view on line to read the… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I have a town home in a hoa. I contacted the hoa in 2014
I have a town home in a hoa. I contacted the hoa in 2014 about a build up of rain water next to my home that has caused some slight foundation movement small interior wall crks it took about a year bu… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,903 satisfied customers
Who is responsible for maintenance of a retaining wall which
Who is responsible for maintenance of a retaining wall which is on the boundary between 2 properties ? I own a Single Family Home in San Francisco, CA. Our street is on a gradient. Our backyard is abo… read more
Seattle Scott
Seattle Scott
Private practice attorney
974 satisfied customers
Wanted to know if there was anyway to protect the HOA from
Wanted to know if there was anyway to protect the HOA from this type of situation of an owner, because it happening in another HOA Community.1) The Unit was purchased for $400,000 and the market value… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
HOA in Florida, the HOA budget has been kept artificially
This is for an HOA in Florida, the HOA budget has been kept artificially low for years, some line items such as taxes on the gym have not even been budgeted. Our docs say to raise the budget over 5% w… read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
There is a HOA president in our neighborhood that is not
There is a HOA president in our neighborhood that is not working on all of the homeowners behalf, rather she has her own agenda. The original president sold and moved out of the neighborhood and appoi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm about to go into an HOA meeting. The HOA board members
I'm about to go into an HOA meeting. The HOA board members all have a smaller sqft than the rest of the homeowners. The board members want to lower their HOA fees and charge by the sqft. Is this commo… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
I was told that for a Georgia HOA letter, the HOA letter
Hi -- I was told that for a Georgia HOA letter, the HOA letter cost was capped by a law. Something like $35 or something like that. But I know the cost for the letters that closing attorneys must orde… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
If there is a first mortgage on a property, can the HOA
If there is a first mortgage on a property, can the HOA foreclose and take title to the property for non payment of dues? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,807 satisfied customers
Our HOA would like to know whether an attorney with HOA
Our HOA would like to know whether an attorney with HOA expertise could provide us a feasibility analysis for either dissolving our HOA or overhauling our Declarations, By Laws, etc? We are in Frederick County, VA. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
In georgia,.am i required to join an hoa? this hoa was
in georgia,.am i required to join an hoa ? this hoa was established 4/19/17. i have been here since 2007. this hoa was established forcibly and not by a vote. officers were appointed by the owner of t… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,188 satisfied customers
If a resident of an HOA should ask to not belong to the HOA,
If a resident of an HOA should ask to not belong to the HOA, what options does the HOA have? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,903 satisfied customers
Is the condo HOA responsible for fire sprinkler maintenance
Is the condo HOA responsible for fire sprinkler maintenance and repair? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
I have an investment property in an HOA. The HOA has raised
I have an investment property in an HOA. The HOA has raised the HOA dues twice in 18 months. My dues were $178/mo they went up to $228 now the latest meeting resulted in an increase to $400month. This… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
If HOA by-laws regarding exterior maintenance have changed
if HOA by-laws regarding exterior maintenance have changed since the HOA re-sided my unit (to now the exterior is the responsibility of the unit owners), and I am having problems with that siding, do … read more
socrateaser
socrateaser
1,031 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