Raleigh Business Attorney.
Technically, the fencepost and sign are his property, and you would be causing him damages (although not large) if you were to remove the sign. Even if the fence and sign were on your property, they would still belong to your neighbor -- they would just be "encroaching" on your property. Suits are filed all the time to remove encroaching fences, buildings, etc. In any case like this, it's wise (though sometimes expensive) to have a surveyor plot exactly where the common property line lies...
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The first place you should look is your LLC's Operating Agreement. It should tell you what you can and cannot do - as a member, as a fiduciary, re corporate opportunities, in the event of a disagreement, how to remove a member, etc. If you have no written OA, then the N.C. General Statutes would apply - N.C.'s Limited Liability Company Act, Chapter 57C. If the LLC Act does not speak specifically to your issue, then Chapter 55, the N.C. Business Corporation Act may likely answer it (e.g....
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If your house is in a subdivision that has restrictive covenants, that is the first place you will want to look. Do the covenants allow homeowners to rent out the homes? If not, your neighbor is in violation of the covenants and the HOA Board should do something about it. If the covenants allow renting, are there any requirements or restrictions regarding length of the lease, types of renters (family, no more than 3 unrelated people), etc.? Again, if the covenants are being violated, let...
To begin with, consider yourself lucky that the contractor even showed up and performed work on the roof. There are a number of less-than-honorable contractors out there that will help homeowners prepare their insurance claim, sign a contract to perform work for a portion or all of the insurance check, take the check from the homeowner (often the insurance company check is endorsed by the homeowner to the contractor) (and often under the guise that it is to purchase materials), then are never...
I'm unclear what your aim is here. If it is to recover the embezzled money, the HOA should have insurance to cover this embezzlement, so the HOA should be able to file a claim and recover the money (assuming the HOA otherwise complies with the conditions of the policy). HOA documents typically require it to purchase insurance for this type of thing. If the documents have such a requirement, but the Board did not cause the insurance to be purchased, the HOA members may have a claim against...
I am not clear from your post about the facts. If you are the sub-lessee (i.e. the girl was the original tenant and she moved out and you leased from her and moved in), then your contract was with the girl, and your moving out and failure to pay rent would be a breach of your agreement with the girl. In that case, you might be in trouble vis-a-vis the girl. If you are the sub-lessor (i.e. you were the original tenant and you moved out and the girl leased the premises from you), then your...
I'm not clear from your post about the layout of your house, the front porch, the deck, and the lots in general. What ultimately should determine if and how you move forward is the answer to the questions, How have you been damaged? and How can you reasonably/affordably solve the problem? If your house violates setback requirements in the local ordinance, you may very likely have a claim for negligence per se against the builder. Other typical claims in a home construction case are breach of...
If your contract with sub-co is clear, then technically, if you are not getting paid Net 30, sub-co is in breach of the contract. However, the contract may require notice from you in order to place sub-co in default, and furthermore, it may give sub-co a cure period. If you have routinely allowed sub-co to pay you late, sub-co could argue that you've waived any requirement under your contract with sub-co for timely payment of your invoices (and, thus, he is no longer in breach when he pays...
He could argue that, upon the sale of the home, he is entitled to a return of his $50,000 investment, as you were investment partners. However, you could easily argue that you are entitled to compensation for all of the expenses that you have been paying (mortgage, taxes, utilities, maintenance, etc.). In North Carolina a party can ask a court to order a partition sale of property, with the proceeds being split equally among the owners (in your case, 50-50). In addition, a party can ask that...
Your lease more than likely requires you to return the apartment at the end of your lease term in the same condition in which you received it, except for normal wear and tear. As you know, after your vacate the apartment, the landlord will check it for damage. If there's no damage, and you owe no other amounts to the landlord, you will get your security deposit back. The chewed floor in the kitchen is not "normal wear and tear." If you do not get it fixed (i.e. pay out of your pocket),...