Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

We have had one embezzlement in 2012-2013 and when we had…

Customer Question
We have had one...

We have had one embezzlement in 2012-2013 and when we had elections for officers. We had trouble getting people to run for office. We always had an Association with President, Vice President, Secretary and Treasurer, ACC Committee and 3 trustees. When we had the election in 2914, a person was elected and his name wasn't on any property in our Association. We always had the President and Vice-President acting as Bd. members, actually no separate Board Members. After this person was elected, he got rid of the secretary and the chairman of the ACC Committee for the reason that he didn't work well with committees and we were left with just the President, Vice-President, and treasurer who was the sister of the person was finished the year of 2012-2013 after the Property Manager resigned. They don't ask or vote for anything they do and they had shut down our sprinkler syster which we have had since our Association was developed. They also cut back on our landscaping by not having our general are watered as it should be and not trimming as it should be and not fertilizing or spraying for pests. We have lost many expensive shrubs and they have not been replace. For 3 1/2 years they put our regime fees in savings which we hadn't done in the past except for a month's worth of regime fees for emergencies. These two people without the treasurer are not wanting to run everything without consulting the homeowners. We didn't vote for raising regime fees for we have or at least they say we have over $24,000 and why should we raise regime fees. Also they hired a property manager without talking to us about it and having us vote as to whether we want a property manager or not. These two people manage the grounds which are deteriorating and have not had the records audited for the three years since we had the embezzlement. What can we do to get this problem settled before our home values are reduced to practically nothing?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

This is in Columbia, South Carolina.

Lawyer's Assistant: Has any paperwork been filed?

I have4 gotten signatures of over half the homeowners who want our records audited and we got an accountant, but the lady who has been Vice-President wanted to talk to the accountant which she did. Since then< I have talked to the accountant and I am not sure what she said, but he seems to want to do the contract with her. I told him since I was the one who approached for the homeowners that I wanted to see the contract to make sure everything was included that should be.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There are a number of problems that haven't been fixed such as refinishing the pool; fixing one of the toilets in the pool house which keeps stopping up; marking parking areas for the lines aren't clear and some of the residents are having problems with their parking. The area in front of the pool area and where we enter the pool is very uneven and needs resurfacing for it is not safe in going through this area especially for small children. They don't seem to want to fix up the grounds just save money. I thought Homeowner Associations' purpose is to keep up the grounds. That is what was always done in the past.

Submitted: 7 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 11 hours by:
9/6/2017
Real Estate Lawyer: Damien Bosco, Attorney replied 7 months ago
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 4,177
Experience: Helping you with your legal questions.
Verified

Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Damien Bosco, Attorney replied 7 months ago

It sounds like you are claiming that the board is breaching its fiduciary duty (they are not acting in the best interest of the association). Is that what you are claiming?

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Damien Bosco, Attorney replied 7 months ago

Hello. I have not heard back you. Are you still looking for help on your question? If so, please let me know. Thank you.

Ask Your Own Real Estate Law Question
Was this answer helpful?
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
In a transaction involving a "gift of real estate" there is
In a transaction involving a "gift of real estate" there is no consideration (it's a gift). If the gift deed is recorded is it protected from third party claims or can it be challenged because there w… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have a homeowners association from. currently they say i
i have a homeowners association from hell. currently they say i have to have green growing things in an area that they say i cannot cut down trees from so it will not grow. jasmine, ivy, and vinca maj… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
299 satisfied customers
My question is in regards to homeowners associations for a
My question is in regards ***** ***** associations for a maintenance provided community. There are by-laws and covenants and then there are rules and regulations. In the community in which I live, the… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,672 satisfied customers
Real estate Question Can you define “wholesale real estate”
Real estate Question Can you define “wholesale real estate” & “Bandit”sign? Also, are bandit signs legal in Michigan?… read more
LegalGems
LegalGems
Juris Doctorate
11,585 satisfied customers
Need a real estate lawyer in city. I signed a real estate
I signed a real estate contract without my thinking through but would like to cancel the contract. what can I do without getting sued? … read more
Richard
Richard
Owner
Doctoral Degree
4,489 satisfied customers
If a new development Homeowners association was established
If a new development Homeowners association was established with restriction prohibiting open RV, or boat storage (no driveways, and street view), can the association following the CC&R amendment prov… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,028 satisfied customers
Is an Agreement for the Sale of Commercial Real Estate
Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
My homeowners association needs to finance a large
My homeowners association needs to finance a large renovation of our community buildings and amenities totaling about 20 million $. Can we raise the dollars through the issuing of investment bonds. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Need a calif lawyer specializing in homeowners association
need a calif lawyer specializing in homeowners association problems. my association has determined that my condo unit was the result of flooding the adjacent unit. they have charged me $650 for the re… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,672 satisfied customers
Does a homeowner associations Board of Directors have the
Does a homeowner associations Board of Directors have the right to "interpret" Declarations outside of what is written? Because that constitutes a change, isn't a vote by the homeowners required? … read more
Loren
Loren
542 satisfied customers
We have a tree that is on the homeowners association land.
We have a tree that is on the homeowners association land. Due to the hurricane it is leaning away from our property, however the "uprooted", root system, has uprooted my fence. The association voted … read more
socrateaser
socrateaser
1,449 satisfied customers
My homeowners association has sent me a registered letter to
My homeowners association has sent me a registered letter to move a shed that I have had on the association property for the past 30 years. Do I have any legal rights … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,672 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 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
1,041 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
Doctoral Degree
7,672 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
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
2 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
Lucy
Lucy
Juris Doctor
133 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