Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I found it relative to a dog run . The HOA declined a variance

Customer Question
nd found article that deals...
I found it relative to a dog run . The HOA declined a variance nd found article that deals with the same situation
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Probaly , but let me do my research first. Thanks
JA: Please give me a bit more information, so we can help you best.
Customer: Contractor installed a decorative fence for my yorkie, think a decorative fence 4' wrought iron did not require a permit as it only surrounded the patio. assoc said that I needed a permit, they require split rail only and remove the fence.
JA: Is there anything else the Lawyer should be aware of?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 hours by:
5/12/2016
Real Estate Lawyer: Maverick, Lawyer replied 1 year ago
Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6,425
Experience: 20 years professional experience
Verified
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….1. Can you please state your specific legal question so we know what type of answer you are looking for?2. What does this mean: HOA declined a variance nd found article that deals with the same situation
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Maverick, Lawyer replied 1 year ago
Are you there?
Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
My contractor constructed a 4'wrought iron fence to surround the patio saying permit not necessary as the fence is a Decorative fence to keep small dog within confines of the fence. Requested variance declined on following basis'
1-Fence is acting as a dog run 2-Per deed restrictions [ Rules & Regulations ] the only fence permitted is split rail 3-Did not follow approval process
The rules also include "decorative open fences no greater in height of 48' [which mine is ] which may be erected in area designated as a "no build zone? [ which i cannot find their definition of "no build zone"
when I purchased the home in Oct 2015, the realtor was not aware of the so called deed restrictions and hence , i never received.
Also do not know how they come up with a dog run. Wouldn't that suggest all fenced in area's including yards for purpose of confining pet is a dog run. Also , could not find restriction for " dog runs" anyway.
Then of course item 3 refers to the failure to apply for a buliding permit.
Real Estate Lawyer: Maverick, Lawyer replied 1 year ago
What city and state do you live in?
Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
Gahanna,Ohio ---the development is Harrison Pond and the have an Association with the split rail fence requirement. City of Gahanna has the "Decorative" fence inclusion, but sounds like the HOA doesn't follow that .
Real Estate Lawyer: Maverick, Lawyer replied 1 year ago
At this link you will find a city ordinance that defines "no-build zone" . See Section 1123.40A This is the definition that is likely to be employed since the HOA does not have that term defined in its CC&Rs. I did not find a definition for a dog run. At this link is OH law regarding declaratory judgments actions [DJA]. What you have is a situation where the HOA is trying to enforce rules which are not written or clearly defined. This then gives rise to an ambiguity which could allow the HOA to selectively enforce the rules; which is not permitted. The courts are charged with the responsibility of interpreting ambiguities and they do this by employing definitions for undefined terms by adopting what is generally used by others in the industry or trade in question. You may need to sue the HOA in a declaratory judgment action and present this as a legal issue for the court to interpret and define and then it will issue an order regarding whether you fence is in violation of the CC&Rs or not. Here is a sample complaint to use as a go-by.
Ask Your Own Real Estate Law Question
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6,425
6,425 Satisfied Customers
Experience: 20 years professional experience

Maverick 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

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

4,899 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
I am having issues with my HOA. Seeking advice from an HOA
good evening, I am having issues with my HOA. Seeking advice from an HOA lawyer in Torrance. … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,524 satisfied customers
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
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
34,926 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
10,196 satisfied customers
Can a contractor legally go into a HOAs unit to repair an
Can a contractor legally go into a HOAs unit to repair an emergency like a truss or bearing wall without permission of the condo's owner who is stating otherwise? The board has two engineering reports… read more
Michael Bradley
Michael Bradley
JD
1,131 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
HOA association failed to maintain the roof in our
HOA association failed to maintain the roof in our California condo building properly resulting leaks. It took them 3 attemots over 2 weeks to stop the leakage. The HOA repaired and paid for the signi… read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
Our HOA hired a "fly by night" roofing contractor to make
Hello! Our HOA hired a "fly by night" roofing contractor to make repairs on roofs affected by Hurricane Harvey. One of the roofs was our neighbor's roof, and the neighbors are both the President of th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 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
17,996 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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
If the HOA has hired a contractor for a job, do I have a
If the HOA has hired a contractor for a job, do I have a right to ask and be told who that contractor is? Would this be considered privileged information? … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,899 satisfied customers
I am a homeowner of a condo in texas, can an hoa association
I am a homeowner of a condo in texas, can an hoa association stop the sale of unit over hoa dues owed, I have under contract now a cash sales fast close, they are trying to forclose, but I have a buye… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 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
34,926 satisfied customers
Our Homeowners Association (HOA), Rancho Viejo South (RVS)
Our Homeowners Association (HOA), Rancho Viejo South (RVS) in Santa Fe, NM, was formed under the Nonprofit Corporation Act of New Mexico around 2003. We have just under 600 homes in our HOA with a bud… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
Here is my scenario: my HOA hired a contractor to construct
here is my scenario: my HOA hired a contractor to construct a new deck for my townhouse. The work done by the constractor was faulty which resulted in air getting into the basement that led to pipe fr… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 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