Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Does HOA have to document grandfather violations or just…

Does HOA have to...

Does HOA have to document grandfather violations or just state that they are grandfathered.....CCRs say only 4 ft fence we want a 5 Ft fence because a pit bull is moving beside us (against CCRs)... HOA is aware and is not doing anything about dog "said how would u like to get rid of your dog"...already 6ft fence in neighborhood but they say it is grandfathered.....many many other violations too

Lawyer's Assistant: What steps have they taken so far? Have they prepared or filed any paperwork?

No...we have not put up fence were trying to do the right thing and get permission first....we got permission in writhing and the 5 days later they took it away saying that it wasn't legal

Lawyer's Assistant: Where is the property located?

Colfax, nc What can they do if we put up fence anyway

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

25 homes and at least a dozen violations...including the VP who has a pit bull as well

Show More
Show Less
Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
Both the president and treasurer have resigned...since Wednesday night we only have a VP who told me on the phone he could not give me written permission but does not care if we put up fence and even told me to go ahead and do it
Customer reply replied 3 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 3 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 14 hours by:
3/25/2018
Josie-Mod
Category: Real Estate Law
Satisfied Customers: 12
Verified
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
I would like to wait
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,915
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

It depends on the situation. Certain rules that are later amended may be grandfathered in if the amendments states that the new rules impact only new owners that purchased after the amendment date,

You would ask them to see when certain rules were modified. How old is the HOA community? The homes with the violations may have been in compliance at the time of what is now considered a violation. The HOA needs to prove to you that the homes that have what would be violations today were in compliance at the time.

Otherwise the board is guilty of selective enforcement (permitting certain owners to take acts against the association rules). Selective enforcement is a very serious breach of duty by the HOA board and you would have a lwsuit.

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
they were in violation at the time. CCRs in effect 2006 and most violations were in 2009-2012...:the builder was in charge of HOA when violations happend and did nothing. So when Neighborhood took over they said everything was grandfathered in because they didn’t know the rules when builder was there.
CCRs have always said 4 ft max fence but there isn’t a 6ft fence that was “grandfathered” thatvwas installed 2012

They need to be able to prove that there was an amendment to the initial CC&R's or you will want to sue them for selective enforcement.

I can provide a link for Attorneys in your area that provide FREE consultations to assist you. One moment please.

Ask Your Own Real Estate Law Question

http://lawyers.findlaw.com/lawyer/firm/real-estate-law/guilford-county/north-carolina

https://www.jimersoncobb.com/blog/2014/10/avoiding-selective-enforcement-defense-enforcing-condominium-association-rules-regulations/

Ask Your Own Real Estate Law Question

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.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,915
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now

Thank you.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,915
8,915 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:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 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

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I own my own home an I am being sent letters indicting to me
I own my own home an I am being sent letters indicting to me that fines are going to be imposed on me for making improvements to the exterior of my home by the homeowners association in NYC. I was und… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I have 2 questions: 1. I have lived here over 15 years. My
I have 2 questions: 1. I have lived here over 15 years. My existing fence is 1 1/2 ft. inside my property line. Can my new neighbors connect to my existing fence without my permission? (My old neighbo… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I want to put up a 6 foot Privacy Fence in my back yard.
I want to put up a 6 foot Privacy Fence in my back yard. There is nothing in the CC&Rs stating against it. The rule on fence in summary states it can't interfere with HOA landscaping and irrigation an… read more
Loren
Loren
578 satisfied customers
My name is***** just got a letter from my hoa saying I have
Hello my name is***** just got a letter from my hoa saying I have to remove my dog from the house in the application I filled out I wrote what type of dog it was 4 years ago it's a shafford bull terri… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I live in an how there are 8 villas and 24 townhouses
Hello .. I live in an how there are 8 villas and 24 townhouses in my neihborhood. I own a villa and I have a 4 ft fence with a privacy gate in the middle of my patio. The other villas as well except 2… read more
Loren
Loren
578 satisfied customers
We are in dispute with our HOA over three palm fronds which
We are in dispute with our HOA over three palm fronds which we did not cut down in time to suit the board and then did not dispose of them in the manner they wished. We are from the North, and unfamil… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
When i signed my lease i did not have a pet, so dogs were
When i signed my lease i did not have a pet, so dogs were not allowed and I have followed that rule. However recently I have come across a american terrier "mutt" My HOA sent me a letter of the rules … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,612 satisfied customers
I receive a notice that I must get rid of my gentle mastiff
I receive a notice that I must get rid of my gentle mastiff dog who lives in my mobile home with me. I got him 10 months ago when he was a small puppy and at that time the HOA rules stated that I coul… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,080 satisfied customers
Our HOA CCRs indicate Pit Bull Terriers are not allowed in
Our HOA CCR's indicate Pit Bull Terriers are not allowed in our neighborhood. We have a potential buyer who has indicated that they have a pit mix. They are looking for the HOA to 'approve' the dog fo… read more
BartEsq
BartEsq
Attorney
Doctoral Degree
674 satisfied customers
I own my home in an HOA community. Another neighbors dog bit
I own my home in an HOA community. Another neighbors dog bit a landscaper. My dogs have never hurt anyone and are either in my home or in my gated yard. After the incident they sent me a letter that I… read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 satisfied customers
Just bought this nice townhouse. Our two dogs were separated
Just bought this nice townhouse. Our two dogs were separated for two months. Stressed. When we reunited them there was a territoral fight over food. I, the owner was sceaming. The pit bit the golden r… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I am president of HOA in Florida. Members want to amend the
I am president of HOA in Florida. Members want to amend the covenants to prohibit a fence on three lots at the front of neighborhood. One home currently has a fence, which is currently allowed by the … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
My HOA has denied my fence application. I live on a corner
My HOA has denied my fence application. I live on a corner lot. In compliance with deed restrictions I will put a 5ft decorative iron fence on the side facing the road and want to put 6ft cedar privac… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
Question I live in a neighborhood that has an hoa. The
Question: I live in a neighborhood that has an hoa. The HOA is newly formed and is requiring alot of changes to situations in my neighborhood. I have a lot in the neighborhood that is 2.75 acres. I bo… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
I live in a fairly new developement, that is not governed by
I live in a fairly new developement, that is not governed by a hoa, nor the covenants which were put into place by the developers, we have a dog situation, where a homeowner has rockwilers on the prop… read more
Loren
Loren
578 satisfied customers
We purchased a brand new home over a year ago that came with
We purchased a brand new home over a year ago that came with a 6 ft wooden fence around the back yard. The builders put up the fence. Now, we have received a letter from our HOA stating that the fence… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My tenant had a dog they said it was a labrador. so I said
My tenant had a dog they said it was a labrador. so I said it was ok we can put in with my dog, but when we feed the dogs it attacked mine and went for the throat, so I put up a pin and put there dog … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
We purchased a house in December in a subdivision with ...
We purchased a house in December in a subdivision with restrictions. At closing we were handed the restrictions and it stated we could put up a 6 ft fence but we have to have approval from developer. … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 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