Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am a property owner in a community governed by an HOA.

Good day. I...

Good day. I am a property owner in a Virginia community governed by an HOA. Pursuant to our bylaws, one-third of property owners have petitioned the HOA board of directors to call a special meeting to address homeowner concerns about selective enforcement of architectural standards. Specifically, a homeowner was denied a patio when patios proliferate within the community. This is but one of many examples. The board has indicated it will comply with the meeting but will not address homeowners on advice of counsel who fears potential litigation. Since no complaint has been file and, hence, no litigation exists, can they do this? Homeowners want answers.

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

The affected homeowner has addressed the board many times, and exhausted the appeal process. The board stands firm.

Lawyer's Assistant: Have you talked to a VA lawyer about this?

No.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
3/28/2018
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 4,198
Experience: Helping you with your legal questions.
Verified

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

What will be discussed at the meeting if the board is saying that it will not discuss what the special meeting is to be about?

Ask Your Own Real Estate Law Question
Customer reply replied 26 days ago
Nothing. The board has agreed to meet, but has indicated the members will not participate.
Customer reply replied 26 days ago
I am at work and unable to speak freely by telephone. I am sorry.

We can continue here. So, is the board stating it will remain silent during the whole meeting or what is the board saying it will discuss?

Ask Your Own Real Estate Law Question
Customer reply replied 26 days ago
The board has indicated it will address questions on any topic except the reason the special meeting is being called. They have cited the advice of counsel, as potential litigation is feared on this issue. That being, the selective enforcement of community bylaws, and a complaint by a homeowner who was denied a patio.

I see. Generally, a board would have to carry out its fiduciary duty pursuant to the bylaws and other corporate documents or as per statute Not discussing the issue at the special meeting, even if recommended by counsel, could be considered a breach of the duty. It sounds like this would go to litigation in any event. Hence, possibly that is the reason counsel provided the advice to the board. It could appear that the board is not going to change the position it has held. Since minutes will be kept at the meeting, the meeting minutes would be used as evidence one way or another, for or against either party.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 4,198
Experience: Helping you with your legal questions.
Verified
Damien Bosco and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 26 days ago
Agreed. Thanks very much. I'm grateful.

You are very welcome.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Damien Bosco Your Own Question
Damien Bosco
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 4,198
4,198 Satisfied Customers
Experience: Helping you with your legal questions.

Damien Bosco 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
I am a new homeowner, and have an HOA. For months, I placed
Hello, I am a new homeowner, and have an HOA. For months, I placed a request to have the roof repaired due to a major leak during this past winter. Three months after my pleads, my upstairs and downst… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 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
19,251 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
11,587 satisfied customers
Can a homeowner in an HOA community ask for the status, not
Can a homeowner in an HOA community ask for the status, not detailed information, on a violation that has been turned in? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,356 satisfied customers
Regarding an HOA. IS it legal for an HOA to "park" debts
Regarding an HOA. IS it legal for an HOA to "park" debts such as assessment fees, interest charges, recording fees, etc. without any notification to homeowners in any manner for nine months. Then with… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 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
10,118 satisfied customers
Are homeowners in an HOA community also part owners of the
Are homeowners in an HOA community also part owners of the common areas? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question about my HOA. A homeowner has set up his
I have a question about my HOA. A homeowner has set up his own property management company operating solely in our neighborhood. Under the “nonprofit document” it reads that no part of income can be D… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
When there is a dispute between a homeowner HOA board of
when there is a dispute between a homeowner HOA board of directors what conditions are required before the Board can consider the issue is closed … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,180 satisfied customers
I am a homeowner who is having problems with my HOA failing
I am a homeowner who is having problems with my HOA failing to act. Do I have legal recourse? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
As a homeowner in a HOA( prior to 3016 ) do I have a legal
As a homeowner in a HOA( prior to 3016 ) do I have a legal right to HOA gudgets and financials! … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 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
A homeowner vs HOA. My HOA sent me a letter using a
A homeowner vs HOA. My HOA sent me a letter using a 'hear-say' to accuse "someone in my unit" of HOA rule violation. I prepared a letter of one page asking the HOA not to use 'hear-say' and not to use… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,335 satisfied customers
A homeowner in carmel South HOA. Recently, I questioned the
I am Tom Culpepper, a homeowner in carmel South HOA. Recently, I questioned the painting of a home being against our HOA policy by addressing the Board of Directors. They advised they would review and… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Homeowner (me) in dispute with HOA. A tree owned by the HOA
Homeowner (me) in dispute with HOA. A tree owned by the HOA has caused significant damage to my driveway. They acknowledge ownership, but have set a cap on reimbursement for driveway replacement of $5… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,694 satisfied customers
Florida HOA. Chapter 720. If an architectural committee
Florida HOA. Chapter 720. If an architectural committee disapproves a site plan for an owner, the owner should have the right to appeal to the board. Should there be an appeal period, such as 14 days,… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
HOA Architectural laws for airspace to condo owner as a rule
HOA Architectural laws for airspace to condo owner as a rule to build only 16 feet from a bedroom without this written in declaration only stated verbal years ago. Can the HOA deny the owner a fair an… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I am in Florida and the HOA has an architectural guidelines
I am in Florida and the HOA has an architectural guidelines that said no fruit trees or citrus trees shall be planted, possibly due to pest concern. Can I apply what was said before about getting an e… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 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