Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

My builder has un sold homes in my sub division. The builder

Customer Question
currently manages the HOA for...
My builder has un sold homes in my sub division. The builder currently manages the HOA for the residents pending full build out. The builder/HOA changed our water rates (+75%) increase. I spoke to the Ultility company and was told even though each house has separate metering, the builder put in a master meter at the gate to meter all water into the sub division and then sub contracted the utility for metering services and billings on individual homes.
Essentially, the rate water comes in at the master meter is unchanged, but the Builder 'was loosing money' and decided to internally increase the rate. 88 homes are expected when the community is built out. Today only about 33 are built of which 20 are sold. All the home owners are paying their water bills, no one is delinquent. The builder is charging the home owners for the difference which was assume is all the irrigation of the un occupied/ unsold homes in the sub division nod possibly the electricity bills on those homes( the lights are always on in those homes). We have a very small common area in the sub division, just 2 circles with trees and flowers, and the front entrance. There are no shared facilities; no pool, play area, nothing.. I have asked the builder to give me a copy of the CC&R, I admit I was ignorant and did not know to ask for it when I closed on the home about 15 months ago. I have since asked for it and the builder is yet to give me a copy. Is any of what the builder doing legal? Can he impose water rates above what the municipality is charging elsewhere in the area and directly next door to our sub division?
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
9/5/2016
Real Estate Lawyer: TJ, Esq., Attorney replied 1 year ago
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,474
Experience: JD, MBA
Verified

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: TJ, Esq., Attorney replied 1 year ago

Hello again. Thank you for your patience.

The key here is whether the bylaws or declaration allows the HOA to make the changes that you described. If so, then the builder’s actions are lawful. If not, then you certainly have legal recourse.

Accordingly, you need to get your hands on copies of the bylaws and declaration. The declaration is recorded with your county’s land records. Therefore, you can get a copy by visiting the land records office. The HOA must provide a copy of the bylaws upon request. If it does not, then note the following law:

Sec. 209.005. ASSOCIATION RECORDS.

(m) A property owners' association composed of more than 14 lots shall adopt and comply with a document retention policy that includes, at a minimum, the following requirements:

(1) certificates of formation, bylaws, restrictive covenants, and all amendments to the certificates of formation, bylaws, and covenants shall be retained permanently;

(n) A member of a property owners' association who is denied access to or copies of association books or records to which the member is entitled under this section may file a petition with the justice of the peace of a justice precinct in which all or part of the property that is governed by the association is located requesting relief in accordance with this subsection. If the justice of the peace finds that the member is entitled to access to or copies of the records, the justice of the peace may grant one or more of the following remedies:

(1) a judgment ordering the property owners' association to release or allow access to the books or records;

(2) a judgment against the property owners' association for court costs and attorney's fees incurred in connection with seeking a remedy under this section; or

(3) a judgment authorizing the owner or the owner's assignee to deduct the amounts awarded under Subdivision (2) from any future regular or special assessments payable to the property owners' association.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Ask Your Own Real Estate Law Question
Real Estate Lawyer: TJ, Esq., Attorney replied 1 year ago

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue.

Ask Your Own Real Estate Law Question
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,474
12,474 Satisfied Customers
Experience: JD, MBA

TJ, Esq. 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 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
34,912 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
10,176 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
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
I've been told by a neighbor that if an HOA provides lawn
I've been told by a neighbor that if an HOA provides lawn care and landscaping services, Florida HOA Laws state that it's an "all or nothing" decision. Our HOA says we are each responsible for the 4-f… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,888 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
I am a member of a homeowners association and my question
I am a member of a homeowners association and my question relates to restrictive covenants. The association articles of incorporation have been established and in place for decades. We now would like … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 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
I have a question concerning a restrictive covenant. It says
I have a question concerning a restrictive covenant. It says that a fence shall not be nearer than the front property line than the front corners of the dwelling. The dwelling is my home. One corner i… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
A corporation has restricted covenants and easements which
a corporation has restricted covenants and easements which are solely for the corporations benefit and are recorded for 30 years. corporation loses land due to bankruptcy and a new buyer purchases the… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,207 satisfied customers
The restrictions, covenants and bylaws are recorded with the
The restrictions , covenants and bylaws are recorded with the county clerk. However, the county planning and zoning board does not recognize the subdivision as a legal subdivision of record. The HOA c… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
My Home Owner Association (HOA) approved a two-story new
My Home Owner Association (HOA) approved a two-story new house construction uphill from my backyard, despite my multiple petitions, i.e., they simply ignored my complaints. Now the new house emerge fr… read more
Michael Gonzalez
Michael Gonzalez
JD
519 satisfied customers
Our restrictive covenants state that our properties must be
Our restrictive covenants state that our properties must be used entirely for residential purposes...my neighbor has constructed an 8000 square foot building that he is operating his heating and air c… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 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