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I have a mobile automotive business and I store my tools…

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I have a mobile...

I have a mobile automotive business and I store my tools ect. in my garage at my home. I do sometimes work on my personal or families vehicles at my home but only with in my garage and with the up most respect for my neighbors. None of which have a problem me doing so. I have been threatened and fined on a constant basis for the last 3 years by my HOA about this. I have absolutely nothing connecting my home address to any of my social platform advertisement and or business cards whats so ever. Is it legal for them to fine me for doing this? or is this in the area of harassment and invasion of privacy?

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

Texas

Lawyer's Assistant: Has any paperwork been filed?

As far as?

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

Want to know if i can sue or dispute any and all fines being assessed to me and my wife.

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/27/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 9 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 15,754
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 9 months ago

Thanks so much for your patience. Generally, whether the fines are allowed depends in part on whether their ability to fine you for this is written into the HOA's bylaws. If it says in the bylaws that you're not allowed to work on your vehicles in the garage whether it is for personal or business related reasons, then they would be able to fine you. On the other hand, if it is not written in the bylaws that you can't work on your vehicles for personal use, then this is a breach of contract.

breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

You may want to ask them specifically for what authority they have to fine you and to point to a code section or else you may take them to small claims court. What other questions did you have for me today?

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Real Estate Lawyer: Legal Eagle, Lawyer replied 9 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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Customer reply replied 9 months ago
I will look into the bylaws in which they are saying that I am violating. They're saying in proper use of a home. Nothing in which that I have read and will confirm that says I cannot work on my own personal vehicles in my own garage. Thank you for the link and will get back with you with what I find out.
Real Estate Lawyer: Legal Eagle, Lawyer replied 9 months ago

The pleasure is all mine! There’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. For your benefit, you can also click here in the future to request me individually.

  3. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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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).

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