Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

We own vacation property in Southeastern Idaho. The HOA

Customer Question
We own vacation property in...
We own vacation property in Southeastern Idaho. The HOA president has independently made arrangements to cross local farmers land in the winter to reach his land. After family members of the farmers family were found trespassing and cited by police on the private land included in the HOA, the farmer threatened the president with withdrawing the permission unless charges were dropped. The vice-president's company is paid to grade the roads, his bill is always exactly what is brought in by the HOA fees. The vice-president's wife is the secretary, no bids are placed for the services, there are no end of year statements sent out. The president has purchased additional sections of property but continues to only pay for the one property. I have been trying to find Idaho laws that govern HOAs.
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 26 minutes by:
8/19/2016
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 afternoon Kelli,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

To begin with, it is important to know that an HOA in Idaho is also a corporation---typically a non-profit corporation. Idaho does not have special codified regulations for HOS as some state do. However what you are looking for is state law which prevents the HOA president from self-dealing----taking the job for himself in direct violation of state Corporations law. Here is a link to the law which prevents this self-dealing: https://legislature.idaho.gov/idstat/Title30/T30CH30SECT30-30-105.htm

You can find the definition of self-dealing at 26 USC Section 4941(d): http://codes.lp.findlaw.com/uscode/26/D/42/A/4941

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. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

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 Kelli,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, 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
In my HOA the owner and his family are the only members of
Hi in my HOA the owner and his family are the only members of the HOA. we are not allowed to have meetings. Also they raised the HOA up $50 this year. there are over 1,500 houses with all of us paying… read more
DrakeLAW
DrakeLAW
Juris Doctorate
831 satisfied customers
I have a question for HOA insurance policies and what they
I have a question for HOA insurance policies and what they are responsible for … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
We purchased a home in a subdivision governed by an HOA. The
We purchased a home in a subdivision governed by an HOA. The home is in desperate need of painting. It is a yellow Charleston-style home. We sent a request to the HOA Board to paint the home Hale Navy… read more
Damien Bosco
Damien Bosco
2,991 satisfied customers
How can our HOA approve a project, but then be forced to
How can our HOA approve a project, but then be forced to change its approval to disapproval by Property Management? … 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
34,897 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
10,163 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
Is it legal for HOA to try foreclosure proceedings for
Is it legal for HOA to try foreclosure proceedings for unsubstantiated fines Not assessments (<$1200)? … read more
Michael Bradley
Michael Bradley
JD
1,127 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
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
Can you have an HOA within an HOA in the state of OH? Ohio,
Can you have an HOA within an HOA in the state of OH? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Our hoa prediden, Our new HOA president is trying to rewrite
Our new HOA president is trying to rewrite our community covenants and making provision to have power of attorney over each lot. Can they do this? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Other than non payment of hoa fees - can the hoa file suit
other than non payment of hoa fees - can the hoa file suit for legal construction of a sidewalk on your own property? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 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
34,897 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