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Our HOA is rather special since we are an airpark community.

Customer Question
Our HOA is rather...

Our HOA is rather special since we are an airpark community. The covenants specifies no commercial businesses. But there have been 2 in the neighborhood for over 10 years, and the board has not stopped them. They are of concern since it raises our runway liablity. One business is okay with closing, the other says since previous boards have turned a blind eye, his is grandfathered in. He is threatening to sue.

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

Does he have a legitimate argument?

Lawyer's Assistant: Has any paperwork been filed?

Not as yet.

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 6 minutes by:
1/3/2018
Real Estate Lawyer: DamienJD, Lawyer replied 6 months ago
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,150
Experience: Attorney. Well versed, understanding, friendly
Verified

Hello: My name is ***** ***** I am an attorney.

The business could have a legitimate defense against an attempt to close it. That does not mean it would necessarily be able to defend successfully against a lawsuit to close it, but it does appear to have a legitimate defense.

I know this is not quite what you want to hear, but it is better for you to know so you can make a more informed decision.

Would you like to know the defense of which I speak?

P.S. Please don't kill the messenger here. I am only informing you of the possible defense!

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Real Estate Lawyer: DamienJD, Lawyer replied 6 months ago

Hello again:

Do you have further questions? I was going to review with you the business's potential defense. I know this is not the exact answer you would have hoped to have heard but it is better for you to know what is expected in this situation. If you are satisfied with the services I provided to you, please provide a positive rating between 3 and 5 stars at no additional charge to you so I can get paid for the services provided to you. Again, if you have a follow-up question or want to discuss further, just let me know. Best regards.

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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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