Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

This is concerning HOA bylaws and your name came up with…

Customer Question
This is concerning HOA...

This is concerning HOA bylaws and your name came up with dealings with HOA.

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

West Virginia

Lawyer's Assistant: Has any paperwork been filed?

No , we are trying to find out what one needs to do for the process.

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

There are so many inconstancy matters within the neighborhood when it comes to the bylaws of the covenants.

Submitted: 7 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
10/2/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,480
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 7 months ago

Are you looking for sample HOA governing documents or do you have a question with regard to HOA governing documents that are in place at this time?

Ask Your Own Real Estate Law Question
Customer reply replied 7 months ago
I have documented and pictures of so many things in the neighborhood that conflict with the bylaws of our HOA covenants.So the problem is if there is a conflict with what the bylaws say and what is really allowed in the neighborhood is that not reason to dismantle the HOA?
Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Thank you for the clarification. There should be no conflict with the governing documents and what actually occurs in the community.

You are asking about selective enforcement which is a breach of the HOA's duty to the owners.

Do your governing documents set out a process to terminate the HOA?

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

In fact these are the laws and considerations that govern HOA's in West Virginia:

"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) 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.

West Virginia State Laws:

 

  • West Virginia Condominium and Unit Property
  • West Virginia Uniform Common Interest Ownership Act"

https://www.hoa-usa.com/statelaws/wv.aspx

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

Are you still online with me?

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

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

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

Do you have any additional questions for me?

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,480
8,480 Satisfied Customers
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.

Attyadvisor 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
FOR P. SIMMONS**** I replied to my condominium association -
FOR P. SIMMONS****I replied to my condominium association - stating that although I understood that my bench could be construed to be an obstruction to the common area (and therefore a fire hazard), I… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,556 satisfied customers
My HOA board granted the HOA president use of platted common
My HOA board granted the HOA president use of platted common area in the attic space located above her unit in violation of the HOA rules that require 67% of the homeowners authorization. The did this… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,556 satisfied customers
Second opinion] My condominium, 288 units, has one numbered
Second opinion] My condominium, 288 units, has one numbered parking space assigned to each unit. There are many other unnumbered parking spaces meant to be used by those units with more than one vehic… read more
Attyadvisor
Attyadvisor
Attorney
8,480 satisfied customers
Can a condominium association board restrict what can be
Can a condominium association board restrict what can be stored in the unit's garage. … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
458 satisfied customers
My condominium association recently sent me a violation
My condominium association recently sent me a violation notice regarding a bench located outside my front door.It is my contention that the bench is in compliance with the 'Rules and Regulations' adop… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,556 satisfied customers
Can an HOA association not have a ARC? If there is no ARC
If there is no ARC how can a homeowner appeal a covenant violation … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,556 satisfied customers
DO an HOA have the right to have homeowners paint the
DO an HOA have the right to have homeowners paint the exterior of their home just due to fading of paint … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,587 satisfied customers
Is it illegal for a condominium association HOA (or counsel
Is it illegal for a condominium association HOA (or counsel hired by the HOA) to threaten to a homeowner's mortgage bank to foreclose on that homeowner's condo in pursuit of an assessment charged by t… read more
Attyadvisor
Attyadvisor
Attorney
8,480 satisfied customers
HOA OFFICER INSURANCE QUESTION: When a condominium
HOA OFFICER INSURANCE QUESTION: When a condominium association / home owner's association (HOA) is required to carry Officer Indemnity insurance under the terms of the HOA's Enabling Declaration for t… read more
LegalGems
LegalGems
Juris Doctorate
11,965 satisfied customers
I am a homeowner in an HOA in CA. My roof leaked and the HOA
I am a homeowner in an HOA in CA. My roof leaked and the HOA say that the leak is my fault and I have to pay for the repair. The HOA invited me to a meeting where I was given five minutes to defend my… read more
LegalGems
LegalGems
Juris Doctorate
11,965 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
Attorney
8,480 satisfied customers
I live in a rural area HOA community and there is currently
Second opinion] Hello, I live in a rural area HOA community and there is currently some disagreement as to whether or not we fall under Texas law(###) ###-####and(###) ###-####-or- do we fall under th… read more
Attyadvisor
Attyadvisor
Attorney
8,480 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
4,107 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
Attorney
8,480 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
1,343 satisfied customers
Can a HOA make homeowner insurance required for a unit
Can a HOA make homeowner insurance required for a unit owner? Can the HOA make insurance required for tenants who rent a unit in HOA? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 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
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

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