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Andrew L Jiranek

Andrew Jiranek’s Answers

2 total

  • Can my condominium association break into my home to make unnecessary repairs then bill me for it?

    5 months ago a new downstairs neighbor complained to the HOA about a water leak. They wrote me a letter demanding that I replace my sliding door. I submitted a claim to my insurance. They thought the amount of damage was suspicious so they hired a...

    Andrew’s Answer

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    Your HOA can not breach the peace by breaking into your unit. If they do, you may call the police. You should so advise them in writing, so the HOA representatives do not claim they had your consent. If the HOA representatives do breach the peace, they can be personally liable.

    The HOA is responsible for the costs of repairing your door under the facts you provide. Reference is made to the HOA governance documents, a copy of which you should have or you should obtain. You may have to pursue legal action to enforce your rights. Hire an attorney.

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  • Can I sue my employer for breaking a verbal agreement with me.

    I live and work at a motel and before I took the job my employer and I made a verbal agreement that she would not sell the place if I agree to 15 years employment. After thinking about it for 2 days I agreed and took the job, because she assured m...

    Andrew’s Answer

    You may have a claim for promissory estoppel. Under this doctrine, if a party makes a promise on which you rely to your detriment, you may be able to enforce the claim on equitable grounds. You might also have a claim for unjust enrichment, as the other party was enriched with your services unfairly. This would also be an equitable claim. But, you would not have a claim for breach of contract because your agreement was not reduced to writing. This claim would be likely barred by the statue of frauds. You have a problem with your claims, however, in that it is unclear what the terms of the sale would be for you. Your question states the motel is up for sale. I assume the asking price is more than you thought you had to pay.

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