Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

My daughter and her husband have purchased a 'Shire' home

Customer Question
from Lennar in Horizon...
My daughter and her husband have purchased a 'Shire' home from Lennar in Horizon Place, Sparkd, NV 89436. The separate living space in the 'Shire' has been offered to me, daughter's Mother, to rent for $1,000 per month. It is 550 sq.ft, in which actual living space is 450 sq. ft. Is this space in the 'Lennar 'Shire' legally a rentable space in 89436?
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
8/28/2016
Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,734
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you.

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

Can you tell me of the home they purchased is part of a homeowners association?

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
it part of an HOA.
Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago

What we would need to look at is the governing documents for the HOA. A homeowners association is a mini government governed by the "governing documents" which include:

"Homeowner Associations are governed by a chain of governing documents and laws.

  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes), FHA Condominium Mortgage Insurance, Freedom to Fly the American Flag, EPA 2008 Lead-Based Paint Renovation, Repair and Painting Program Rule, and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.

Considerations:

  • State laws affecting Common Interest Communities vary widely.
  • Bills affecting Common Interest Communities are frequently being introduced in state legislatures and may be in different stages of consideration, approval, or enactment.
  • It is not uncommon to find conflicts within or between governing documents such as the covenants and the bylaws. There may also be conflicts between governing documents and statutes. When this occurs, attorneys must often consider applying Rules of Intepretation.
  • Because of the wide variance in state laws, constant changes and possible conflicts in governing documents or statutes, it is strongly recommended that association boards and members seek legal counsel and especially with firms that have expertise or strong practice experience in the area of Common Interest Community law. A good starting point is to check the HOA-USA Partner Directory for your respective state.

Nevada State Laws:

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
I am not privy to the CCRs of their HOA. Come on! Just give me a cogent answer. I am a Senior Citizen and need your expertise in this matter.. I will pay you $36 and not a dime more.
Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago

Do you have a copy of the governing documents so we can check to see if renting space is permitted?

I am not privy to the CCRs of their HOA. Come on! Just give me a cogent answer. I am a Senior Citizen and need your expertise in this matter.. The governing documents are a contract and they are different for each HOA. Without seeing the governing documents I could not answer the question, nor could anyone else. You are asking me to provide an answer without the information needed to provide an answer.

I will pay you $36 and not a dime more. The site handles all of the billing and customer accounts, if you are being asked for additional money it is not coming from me and you should feel free to ignore the request as it would be my pleasure to continue assisting you in this format at no additional charge.

Do your children have the documents?

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
I do not want to switch to a live phone call. I have stated that I am not privy to CCRs of their CCRs for Horizon Place 'Shire" by Lennar 89436; and if I see a charge of $36, or any other amount by you, I will dispute it at my bank, with whom we have been customers for 18 years, and you can 'go do whatever you should' to yourself. I'm sure you understand that. I will also tell all my friends to not use 'my.justamswer.com' and there are a lot of us boomers out here,L and all over the country. You should be able to access CCRs for this Lennar Horizon Place 89436 so go do 'whatever' to yourselves. Your site is a SCAM.
Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago

I am not asking you for a phone call. Please ignore it.

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
THEN WHAT THE HELL ARE YOU DOING? OBVIOUSLY, ASKING ME TO DO YOUR WORK FOR YOU! We're getting on in years, but, WE ARE NOT STUPID! There are 2 letters which we would like to address to you. The first one is "F."
Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago

Again it would be my pleasure to assist you if you have the documents or they are located online. No attorney could possibly know all of the different association rules for each HOA. Unfortunately you are upset with me or the site offering you the ability for a phone call. Some customers prefer phone calls. If you don't want one that is perfectly fine with me. Now can you tell me if the documents might be online or if your children have them?

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

How can I possibly tell you the rules for the HOA without reading them. Do you understand that the governing documents are a contract and that any attorney would need to read the terms to answer a question. You are also being very rude and offensive. That being said if you would like to be reasonable and provide the information I would still be willing to work with you.

Ask Your Own Real Estate Law Question
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,436
5,436 Satisfied Customers
Experience: 17 years of legal experience including real estate law.

Tina 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
I currently hold a Real Estate License and Mortgage License
I currently hold a Real Estate License and Mortgage License in the state of Colorado. I am being told that I am a risk to hire from a local Real Estate Office because hold both. I do not double side a… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Our condominium complex is in need of major repairs. The HOA
Our condominium complex is in need of major repairs. The HOA is getting competitive bids, but they are not being transparent about the process. Information is being leaked to the community about the c… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
My client is being sued by his Homeowner association and
My client is being sued by his Homeowner association and want him to sign a document that will authorized foreclosure. The Annual fees of the association are $250 and they are suing him for $5,000+ He… read more
Attyadvisor
Attyadvisor
Attorney
7,734 satisfied customers
My condo HOA said my former tenant damaged elevator around
My condo HOA said my former tenant damaged elevator around 04/20/2017, and asking me to pay for repairing bill, I asked for the repairing invoice for months without getting one; On 11/15/17 condo boar… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,537 satisfied customers
Can a homeowners association deny a homeowner's application
Can a homeowners association deny a homeowner's application to plant trees within his property borders because it has a drainage easement where the trees will be planted? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
A homeowner vs HOA. My HOA sent me a letter using a
A homeowner vs HOA. My HOA sent me a letter using a 'hear-say' to accuse "someone in my unit" of HOA rule violation. I prepared a letter of one page asking the HOA not to use 'hear-say' and not to use… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,257 satisfied customers
Can a homeowners' association own land? If so can a
Can a homeowners' association own land? If so can a partnership that currently owns the land transfer it to the HOA? How is it accounted for on the partnership's books? Since the HOA is not a 501(c)(3… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
In condominium association all parts of building and stairs
In condominium association all parts of building and stairs exteriors (aesthetic and structural) have to be maintain by HOA or individual owners? … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
A homeowner in carmel South HOA. Recently, I questioned the
I am Tom Culpepper, a homeowner in carmel South HOA. Recently, I questioned the painting of a home being against our HOA policy by addressing the Board of Directors. They advised they would review and… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Homeowner (me) in dispute with HOA. A tree owned by the HOA
Homeowner (me) in dispute with HOA. A tree owned by the HOA has caused significant damage to my driveway. They acknowledge ownership, but have set a cap on reimbursement for driveway replacement of $5… read more
Attyadvisor
Attyadvisor
Attorney
7,734 satisfied customers
I live in and the community is in a homeowners association.
Good morning. I live in Virginia and the community is in a homeowners association. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Need help from real estate lawyer regarding condominium law
need help from real estate lawyer regarding condominium law got a condo that has rental restrictions and I want to lease it out using a LLC, want to make the tenant a partial owner since only owners c… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,289 satisfied customers
Real estate question. NC. Mortgage. Need to know if fha pr
need to know if fha pr va loans will allow for spring water instead of well… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
17 satisfied customers
A homeowner in our association, is requesting contact
A homeowner in our association, is requesting contact information for our board and all contact information for the rest of the homeowners in our association. This sounds illegal, is it? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 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
What is the liability to a homeowners association for
What is the liability to a homeowners association for property that was dedicated to them? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 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
7,559 satisfied customers
Does a building restriction line on a plat or the HOA
Does a building restriction line on a plat or the HOA building restriction line take precedence … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 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