Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

I don't think it is in the economic interest of our HOA to…

Customer Question
I don't think it is...
I don't think it is in the economic interest of our HOA to have a non-HOA house that is older, single-story, and doesn't match the style any of the houses on our private street. What if we simply opted to put at gate at the entrance which could only be opened by HOA members?
Submitted: 2 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 13 minutes by:
6/6/2018
Real Estate Lawyer: socrateaser, Lawyer replied 2 months ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,170
Experience: Attorney and Real Estate broker -- Retired
Verified

Please ignore my last response to your previous question. I've found your new question here.

According to the CC&Rs, the builder/owner of the annexable property has the right to use the easement if he follows the requirements of the CC&Rs. If you install a gate and thereby prohibit entry by the builder before he violates the CC&Rs, then the builder will have a legal action against the HOA for interference with the builder's easement rights. And, if you wait for the interference to occur and then install the gate, the builder can file a legal action to demand that you provide access.

Of course, if the builder uses the annexable property for commercial purposes, then he can't easily reverse that activity, assuming that commercial structures are actually built. But, it would be easy to pay any assessments that accrue in arrears.

So, the answer is, "yes," you can install a gate as a means of trying to "encourage" compliance with the CC&Rs. But, you may have to eventually provide access, regardless, dependent upon what the builder does in response.

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: socrateaser, Lawyer replied 2 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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 socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,170
40,170 Satisfied Customers
Experience: Attorney and Real Estate broker -- Retired

socrateaser 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
The builder of the homes in our HOA is planning to use an
The builder of the homes in our HOA is planning to use an easement to extend the street to a neighboring property that he owns without trying to pay the required maintenance for the private street (wh… read more
socrateaser
socrateaser
Lawyer
40,170 satisfied customers
Seeking opinion on HOA covenants. Have an question about our
Seeking opinion on HOA covenants.Have an question about our weather a sub-division converting from public to private roads constitutes a change in the covenants of the subdivision.Our sub-division is … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,366 satisfied customers
The law allows HOAs the right to restrict use of property
The law allows HOAs the right to restrict use of property within the development. Therefore, for at least several decades, developers record Covenants with the Recorder of Deeds. Those Covenants are b… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,187 satisfied customers
I am a tenant that is renting a house within a six-house community.
I am a tenant that is renting a house within a six-house community. There is an HOA here. We are the only renters on the property; up until last year, our landlord was living in the house and was the … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Hi the HOA got the county to make the road private although all the lots are not in the HO
Hi the HOA got the county to make the road private although all the lots are not in the HOA. They put up 3 access gates. They now say I have to pay a fee equal to the HOA members fee to get access to … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live in a community that has a single entrance with a manned
I live in a community that has a single entrance with a manned security station there to record/restrict traffic and record non-resident visitors. Our roads are public with the county responsible for … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,020 satisfied customers
Private Roads At the LA county tax auction in October 2010
Private Roads At the LA county tax auction in October 2010 Dragon Crest LLC (DC) purchased Lots 72,73,74,&75 of Tract No. 31073 in the county of Los Angeles, which are 4 private streets in the common … read more
Attorney 1
Attorney 1
2,704 satisfied customers
Our HOA development consists of 223 single family lots, each
Our HOA development consists of 223 single family lots, each with one home. The lots and all improvements on them (except utility lines) are privately owned. The common area consists of the streets, s… read more
Attorney 1
Attorney 1
2,704 satisfied customers
I live in Raleigh NC on a public tax paid road the HOA wants
I live in Raleigh NC on a public tax paid road the HOA wants no cars to be PARK on the city street. the HOA knows they can not tow the cars because it is a city street but plans to fine us if we park … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,366 satisfied customers
Is a Patio considered to be part of a house? Our HOA is trying
Is a Patio considered to be part of a house? Our HOA is trying to say a patio cover would have to be at a pitch that matches the house pitch. I think a patio cover is different especially since the pa… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I live in a condominium community that is set amongst single
I live in a condominium community that is set amongst single site homes. We have posted a "Private Drive" Residents & Guests Only at both entrances. Our condo community solely maintains this road. The… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Our HOA has common driveways that are shared by 4-6 houses
Our HOA has common driveways that are shared by 4-6 houses and each house has a small driveway that exits onto a common driveway. We used to tow people who blocked the common driveway, as we believed … read more
socrateaser
socrateaser
Lawyer
40,170 satisfied customers
I live at the end of a culdesac, and my home is on the beach.
I live at the end of a culdesac, and my home is on the beach. my home and lot blocks all access to the beach for all my neighbors on this street. In order for my neighbors to get to the beach, they us… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
We live in a gated community in Liberty Lake, WA. My question
We live in a gated community in Liberty Lake, WA. My question is about the security gates in our development. There is a main gate (only 1) that all residents must use to enter the development. Howeve… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Greetings. I live in a community with an HOA. The roads through
Greetings. I live in a community with an HOA. The roads through our complex are private and owned and controlled by the HOA. The local Sheriff will not enforce speed infractions as it is private prope… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I live in a subdivision that has private roads and a voluntary
I live in a subdivision that has private roads and a voluntary Home Owners' Association. There is a controlled access gate across the entry that has historically operated only in the evenings. A numbe… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
My HOA approved and installed an iron gate replaceing the old
My HOA approved and installed an iron gate replaceing the old wooden gate at my townhome. MY townhome neighbors on my same street would like their wooden replaced with iron too. The HOA has told them … read more
socrateaser
socrateaser
Lawyer
40,170 satisfied customers
I was referred to this site from ClarkHoward.Com... (for your
I was referred to this site from ClarkHoward.Com... (for your marketing :). In any case, I am contacting you with a question that was addressed on his show that seems quite ubiquitous across the natio… read more
socrateaser
socrateaser
Lawyer
40,170 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