How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socallegalwork Your Own Question
socallegalwork, Lawyer
Category: Real Estate Law
Satisfied Customers: 144
Experience:  Attorney and licensed real estate broker (and Certified Distressed Property Expert), specializing in real estate matters.
Type Your Real Estate Law Question Here...
socallegalwork is online now
A new question is answered every 9 seconds

I am remediating my home which has Chinese drywall. The

Customer Question

I am remediating my home which has Chinese drywall. The contractor wants to put it on the street in front of our house. The property mgt,wants it in,a secluded,area about,a block,away. This would cost alot of money. Do I have to abide
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socallegalwork replied 1 year ago.

Hello. I believe I can help you.

It sounds like you are living in a community governed by a homeowner's association. If this is the case, you will need to review your HOA's rules and regulations. Typically this kind of issue is addressed in the rules.

If the rules prevent you from storing the drywall in the front yard (fair warning- I think it is likely based on experience that you will not find the rules as written favorable to your cause), you can bring the matter up at the next HOA meeting and state your case for receiving permission to store the drywall in the front. Of course, the viability of this option presupposes that your HOA meets fairly frequently.

Also, a factor will be how long the drywall needs to be stored. A day or two is one thing. But if it will be in the front for a week or longer, I think you will be unlikely to receive permission.

Customer: replied 1 year ago.
Very generic answer. So it sounds like ill have to dish out alot of money to sotore the trash down the street. Recently the community construction builder closed out building in the. ommunity. He built the final three townhomes. During this time he was board president. He had his dumpster in the parking lot or in front of his townhomes while building the homes.
Customer: replied 1 year ago.
By the way he is still the president since he still has the three new homes to sell
Expert:  socallegalwork replied 1 year ago.

I'm sorry I can't provide you with a more favorable answer. It is difficult to comment more specifically without having a copy of the HOA rules and regulations and being more familiar with how they have been enforced in the past.

Assuming the rules do not provide relief, and I would again urge you to review them carefully, the apparent conflict of interest and/or abuse of power by the HOA president can be brought up at the next meeting.

Unfortunately, with HOAs, they have a system in place to deal with these matters and courts tend to loathe wading into these types of disputes before the complaining homeowner exhausts those procedures.

How long will the drywall be stored? Depending on the amount of money involved, is this a situation where it might be cheaper to beg for forgiveness then to seek permission? The rules should give you an idea of the type of fine you could face.

Assuming the rules are unfavorable (and again, we need to confirm this) - Have your brought up to the property manager the apparent inconsistency with how the HOA/ management treated the president's situation versus yours?

Did the HOA president seek permission from the HOA before the dumpsters were placed in front of his home? This might have been the case and, if so, it may set a precedent for getting similar permission.

I would consider bringing up these inconsistencies in writing to the property manager (and definitely cc the President and HOA board) and ask the manager for permission to store the drywall. If you put the matter in a broader context (that the president was given more favorable treatment) and the HOA board knows you are aware of this, perhaps they will relent and you can get permission without having to resort to a meeting. Bit I would get any approval given in writing.

When the property manager denied your request, did they cite any specific HOA rules? If not, I would request they provide you with the specific rule they are using to deny you permission. This might help you save time when looking through the rules.

Related Real Estate Law Questions