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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38248
Experience:  17 years real estate, Realtor. Landlord 26 years
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Tn hoa approved neighbors fence which is in gross ovulation

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Tn hoa approved neighbors fence which is in gross ovulation of by laws. Fence built within 3 ft of front of my house. By laws say can not build within 20 ft of front of any unit. When I complained hoa sent 4 letters plus fined neighbor asking him to remove and comply with rules. Once we got to place where it was to go to hoa lawyer and put Leon on property, I was just told previous President of his had approved fence and nothing further they could do.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Tn. Nashville
JA: Has any paperwork been filed?
Customer: Hoa sent them 4 letters fining them but now everything stopped. No court papers filed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have copy of by laws , all communication with hoa admiring neighbor not in compliance.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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The President doesn't have unilateral authority to just waive a Bylaw... They are the rules and laws that the HOA is governed by. So they likely just told you this to get you to drop the matter.. If he did, he didn't have authority to do so without putting it to a vote of the Board and formally approving any waiver.

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However, legally any owner has the authority to enforce Bylaws against a neighbor if the HOA is refusing to do its job. Also, in virtually all Bylaws I have ever read, the loser has to pay the winner's legal costs. That means that if this is a violation of the Bylaws, and you sue the neighbor, then if your Bylaws are normal, they will have to pay your legal costs of suing them.

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thanks

Barrister

Customer: replied 1 month ago.
Thank you.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Customer: replied 1 month ago.
Happy with answer.

You are very welcome. Happy to help any time.

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There should be something you click on your screen to rate my service... stars.. numbers.. smiley faces.. I am not sure what you see from your side of the computer..

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Have a great Sunday!

Barrister

Barrister and 3 other Real Estate Law Specialists are ready to help you