Robert M Diamond's Answers

In which state to file? MD or VA?

Companies can generally be sued in the jurisdiction where they are resident (state of formation, e.g., a Delaware corporation can be sued in Delaware), where they have an office or do sufficient business to have a nexus to that state or where they have agreed by contract to be sued (review the contract governing your claim). Typically, lawsuits are filed in the jurisdiction of the plaintiff or the defendant based on where the conduct giving rise to the claim took place. All of the foregoing...

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Can HOA put a weight restriction on a dog?

Although I always advise community association clients to avoid weight limits both because they are hard to enforce (dogs gain and lose weight over time) and because the problems dogs cause often do not vary with weight. Some small dogs urinate and bite; some large dogs are well behaved and quiet. However, the case law around the country is that a Board can impose restrictions on pets and that a weight limit is an enforceable restriction. As others have pointed out, if you were advised of...

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Can an easement contract for a road thru an owner's lot to the outside be voided since its contrary to controlled access gates?

Although I am not admitted to practice in Colorado, there are several basic principles of property law that apply to your questions. First of all, you cannot restrict access (install a gate) on public roads. You can install a gate on private roads if the covenants provide for it or (if the subdivision has covenants establishing a homeowners association) if the homeowners vote to do so. As to the easement for access across X's lot, you can only challenge that private contract if it...

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Following is an excerpt from our HOA CC&R and Rules and Regulations. Is a community garage sale permitted? Thank you.

First, there is a distinction between an individual owner holding one or more garage sales and a community holding a group garage sale sanctioned by the Board of Directors. Second, there is a distinction between turning a unit into a thrift shop or rummage sale and holding a garage sale on the common area. If an individual were to hold multiple garage sales in the unit or garage, the Board could certainly prohibit that activity based on the provision you cite. On the other hand, the Board...

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Can a condo association deactivate my keyfob without issuing a written warning or explanation of a violation (if there was any)?

The condominium association cannot deny you access to the unit, and certainly not without notice. You might consider writing a letter to the Board and/or management agent requesting either that your fob be reactivated or that you be provided a new fob so that you can access your unit. The association is required to allow you access even if there is an architectural violation in your unit (especially if you are correcting it).

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My HOA is refusing to repair a heating issue that originates with the heating system, which is a "Common Element."

It is impossible to answer your question without looking at the documents for your community, which I gather from your question is a condominium. Although typically the association maintains the common elements and the unit owner maintains the unit, the condominium documents can provide otherwise and you have to determine whether the problem with the heat is originating in a common element or in a component of the unit. You might ask the association why they are saying the repair is your...

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Do I need to pay homeowners association fees for a house that belongs to my ex-husband?

If the fees are for the time when your name was on the deed, you may be liable to pay them. However, once your name was no longer on the title to the home (you did not own it), then you are no longer responsible for paying those fees.

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Can I sue my homeowner's association or board for damage to my property?

Liability for water damage is always a complicated issue. You did not state whether the association or you have the responsibility to clean out the condensate drainage line--that will make a difference. If the documents are silent, the Virginia Condominium Act contains default provisions for maintenance: the association maintains the common elements and each unit owner maintains his or her own unit. Whether the association's insurance covers the loss does not affect whether the association...

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Hoa rules state vehicles must park in garage, one vehicle doesnt fit and the other leaves no room to enter garage

The other attorneys have addressed the selective enforcement issue, but I would like to address the federal Fair Housing Act issue. You do not supply sufficient facts to determine if the reason that the vehicle won't fit in the garage is related to your husband's handicap. If it is, you can request that the vehicle be allowed to remain outside as a reasonable accommodation to his handicap. It would be difficult for the HOA to deny that request if the handicap relates to the reason you cannot...

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Do we have any legal rights has renters?

The first thing you should do is to confirm that the bank has foreclosed. The land records should have a deed to a new owner or a bank entity. Second, if you cannot find a deed, check the newspapers for the foreclosure notice and contact the attorney posting the notice to determine the status of the property. Third, check the terms of your lease to see if you have any right to remain in possession--although a foreclosure might terminate your rights under the lease. Finally, if the bank now...