Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

This is in Memphis TN. A condominium association is about to…

This is in Memphis TN. A...
This is in Memphis TN.
A condominium association is about to close the pool in the facility.
1. Pool has been closed for several years, not sure how long 5 plus or minus years. This has been done by the board for budgetary reasons.
2. Owners, thought displeased, have allowed it.
3. The present action of filling the pool in and forever losing its value is not acceptable to any owner that I am aware of. It is considered a major value to ones home value.
4. We wish to take action against the board to stop this based upon the following from the "Master Deed".
"No partition Permitted. The common elements, as hereinafter defined, shall remain undivided and shall not be the object of an action for partition or for division by judicial proceedings or otherwise. Likewise no unit nor the undivided interest in the common elements incidental thereto shall be partitioned in kind nor subdivided into small units by judicial proceedings or otherwise, except with the consent of eighty-five (85%) or more of all owners granted in a meeting of the Council of Co-owners and with the prior written consent of all holders of first mortgage liens on individual units.
5. We would like to take legal action to stop this immediately via what appropriate method is open to us, if any.
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 17 minutes by:
6/10/2017
Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2,606
Experience: Knowledgable and Experienced Attorney
Verified

Hello, and welcome. I am a licensed attorney and happy to assist.

This is an unfortunate situation, as permanent loss of the pool facilities does, indeed, affect property values and the possibility of future enjoyment. Unfortunately, the provision of the Master Deed you provided is not something that can help. That provision deals with partition, which would be dividing up the area at issue and allocating it to specific homeowners or each homeowner prorata. The provision specifically states that such partition is not permitted, but it is not relevant here either way. Definitely not something that can be relied on. Wish I could tell you differently, but having accurate information allows you to make informed decisions going forward, saving both time and money.

Your best bet would be to gain understanding of why the Board wants to take this action, then having a meeting and showing why it is not prudent, additionally getting enough votes against the decision.

I hope this helps. If you need additional information or clarification, just let me know and I'll continue to provide assistance. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide.

Good luck!

Best,

Attorney 1

Ask Your Own Real Estate Law Question
Customer reply replied 8 months ago
Thank you. But, I am in need of a little more direction. So a board, in the general can in fact take an action that impacts the value of all the condos is a hard one to entertain. Are you stating that by default, unless the homeowner rise up to protest by vote, they can take such unilateral action under their responsibility to take care of day to day operational items.
In other words what may I look for that spells out that they would not be able to tathke common area assets and dispose of them. thanks for your patience.
Customer reply replied 8 months ago
I will wait for this response before taking any further action such as calling you. tks

Condo governing documents generally require boards to preserve common elements for the life of the property, but that general rule can be trumped if the board has enough votes to remove it. You can take a look at the charter and bylaws, in addition to the master agreement to determine what percentage of votes are needed to eliminate the pool. Review of the documents would also determine whether only board member votes are needed, or whether a certain number of homeowner votes are required. You can then approach the board for proof that the requisite votes were obtained and/or block the action on the basis that they were not. If the board improperly removes the pool, it can be liable to the homeowners for damages.

Please let me know if there is anything else I can do for you. I'm here to help.

If the answer provided sufficiently addressed your inquiry, please take a moment to rate the response, accordingly. Thank you.

Best,
Attorney 1

Ask Your Own Real Estate Law Question
Customer reply replied 8 months ago
Tks you have given something to look for in the bylaws and master deed. Just what the board has the authority to do. Is it more than operational day to day needs or have they been given the authority to get rid of common areas and if so did they have the votes necessary for that action at the board level: assuming the removal of a pool would not fall under a day to day operational thing.
If we can't find the answer to that then enough signatures to show the board too many disagree and they must stop further action until such time as this is revisted on behalf of theam owners. The threat of suing if they move forward given such notice of discontent may do it. Any final thought. tks

Sounds like you've got it, and removal definitely doesn't fall under regular operations or maintenance.

Good luck!

Best,

Attorney 1

Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2,606
Experience: Knowledgable and Experienced Attorney
Verified
Attorney 1 and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now

Thanks for the positive rating and bonus. Much appreciated!

Best,

Attorney 1

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Attorney 1 Your Own Question
Attorney 1
Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2,606
2,606 Satisfied Customers
Experience: Knowledgable and Experienced Attorney

Attorney 1 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
If a condo board has contracted for specific maintenance
If a condo board has contracted for specific maintenance with requires unit owners to remove personal property from a specific location during the project; can a board member legally allow a unit owne… read more
LegalGems
LegalGems
Juris Doctorate
11,013 satisfied customers
I live within a condo Homeowners Association. There is a
I live within a condo Homeowners Association. There is a paved walk in front of my home which the Association claims is a sidewalk owned and controlled by the association. I have researched my deed wh… read more
Lori
Lori
Juris Doctor
589 satisfied customers
I live in a 55+ condominium association. For 5 years I have
I live in a 55+ condominium association. For 5 years I have lived her without turning over my key to the board. Now all of a sudden they threaten me with fines if I don't give them the key. I have a d… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,326 satisfied customers
I need title search explanation about first mortgage and
I need title search explanation about first mortgage and second mortgage if after bidding on home if I win, am I paying to second mortgage company also or not. I have title search letter just need cla… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 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
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
11,013 satisfied customers
I just had a loss due to water damage. The homeowners
I just had a loss due to water damage. The homeowners insurance covered it. Will I have to pay income on the money the insurance paid me and will I need to claim it on the tax form? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,326 satisfied customers
I owe 84,000 dollars on my first mortgage with 25 years
I owe 84,000 dollars on my first mortgage with 25 years left. I have enough money to pay it off and still have 40k plus in reserves. I own 2 investment properties at 50% LTV and they both make money e… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,826 satisfied customers
My first mortgage held by of A was successfully modified,
My first mortgage held by B of A was successfully modified, but before the process was concluded and the modification on the 2nd mortgage (also held by B of A) could begin, B of A's claim with Old Rep… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
We were wondering if a small condominium association can run
We were wondering if a small condominium association can run with 3 board members instead of 5 as no one wants to be on the board. Our bi-law guides lines say 5 but we thought we could change it by a … read more
Damien Bosco
Damien Bosco
3,652 satisfied customers
Missouri homeowner files damage claim with insurance
Missouri homeowner files damage claim with insurance company, and, receives $150,000. Insurance check is written jointly to homeowner & servicer; signed by homeowner and sent to servicer for deposit. … read more
LegalGems
LegalGems
Juris Doctorate
11,013 satisfied customers
If there is a first mortgage on a property, can the HOA
If there is a first mortgage on a property, can the HOA foreclose and take title to the property for non payment of dues? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,915 satisfied customers
We live in a townhouse ( of a condominium association) on
We live in a townhouse (pat of a condominium association) on the Windward side of Oahu in Hawaii. When we bought our townhouse in 1995, there were many trees in the front and back of our unit. Over th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
In Florida when a condominium association allows a special
In Florida when a condominium association allows a special assessment to be paid in installments which involve an interest charge do the terms of the loan have to be disclosed? Please provide the appl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I used my homeowners insurance for damages that fell into 3
I used my homeowners insurance for damages that fell into 3 event years in a row. I was kicked out of insurance. Had to buy through the State Reinsurance plan in Rhode Island. Rate doubled. Now, a yea… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If the debtor has a first mortgage where a payment has not
If the debtor has a first mortgage where a payment has not been made for over six years in Utah, and the debtor has not affirmed the debt, does the creditor lose his ability to collect personally agai… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
How do I find out about what my Condominium Association is
How do I find out about what my Condominium Association is responsible for when it comes to pipes leaking from ceiling and behind the walls of my mother's condo unit … read more
LegalGems
LegalGems
Juris Doctorate
11,013 satisfied customers
Can condominium associations prevent you from installing a
can condominium associations prevent you from installing a permanent generator? If the homeowner has a medical letter from their doctor? … read more
LawGuy
LawGuy
Juris Doctor
123 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