Paul Dezso de Holczer’s Answers

Paul Dezso de Holczer

Columbia Land Use / Zoning Attorney.

Contributor Level 10
  1. My qustion is about the color of fence stain.

    Answered over 2 years ago.

    1. C Steven Moskos
    2. Paul Dezso de Holczer
    2 lawyer answers

    I would strongly recommend that you consult an attorney. HOAs are, as a group, notoriously unreasonable and intransigent about such matters and can bill the members -- including you -- for their legal fees. If this HOA is run by small-minded bullies, then they can involve you in an expensive, protracted legal battle. It is best to have an attorney guide you through this and attempt a settlement which is reasonable, fair, less expensive, and beneficial to all concerned. Your HOA will likely...

    1 lawyer agreed with this answer

  2. Well sharing

    Answered over 2 years ago.

    1. Paul Dezso de Holczer
    1 lawyer answer

    Unfortunately, families often get in such arguments about inheritance. Yes, your father can set up his estate to allow for a subdivision of the property with an easement for use of the well on one of the tracts by both subdivided tracts. This needs to be taken care of prior to your father's demise. Your father should consult an attorney to get this taken care of so that you and your brother are not locked in some unresolved dispute long after he has passed. Another option is to provide that...

    1 lawyer agreed with this answer

  3. Should I be able to get my deposit back from a landlord because I cahnged my mind and never moved in?

    Answered over 2 years ago.

    1. Paul Dezso de Holczer
    1 lawyer answer

    You are missing some important facts; however, if you never had a lease the email communications may have much to do with establishing who is entitled to the money. The outcome of this matter will likely be controlled by 1) the precise facts in your case; 2) the lease agreement or the email communications in your case; and, 3) Florida law and Florida's version of the South Carolina Residential Landlord Tenant Act. This case may also be governed in part by laws concerning electronic...

    1 lawyer agreed with this answer

  4. Being sued for dog bite what are trespassing laws in SC & if she had previously aggravated my dog which must have led up to this

    Answered over 2 years ago.

    1. Paul Dezso de Holczer
    2. Laura Mcfarland-Taylor
    2 lawyer answers

    You should notify your homeowners' insurance company immediately and, if you are served with any documents, you will need to forward them to the company immediately. Do not speak with your neighbor about this matter -- and if you must speak to your neighbor for any other reason, have a witness. You may have a counterclaim for trespassing depending on the precise circumstances in this case, but discuss this with your attorney. If the attorney supplied by your insurance company does not want...

    1 lawyer agreed with this answer

  5. Can my friend just kick me out of his place even though I'm not on the lease and only been here for almost a month?

    Answered over 2 years ago.

    1. Paul Dezso de Holczer
    2. Ryan S Montgomery
    2 lawyer answers

    You are probably going to have to leave. It is unlikey that you are a tenant or subtenant of your friend. You are likely just a guest and your erstwhile friend has nothing more than a moral obligation to you which he clearly does not recognize. Plan on leaving right away and find a new place.

    1 lawyer agreed with this answer

  6. Can a previous owner evict me once he signed the deed over to me.

    Answered almost 3 years ago.

    1. Paul Dezso de Holczer
    2. Ian Andrew Taylor
    2 lawyer answers

    It appears from the facts you relate that an argument can be made that the previous owner and the notary were conspiring to defraud you. You will need an attorney to help you with this matter as fraud is a complex matter involving specific pleadings and proofs. See an attorney immediately to protect yourself in these circumstances. You can contact the South Carolina Bar Lawyer Referral Service to help you find a lawyer if you do not have one. The number there is 1-800-868-2284. The service...

    1 lawyer agreed with this answer

  7. Company name on lease with no signature but the tenants.......Who's responsible?

    Answered almost 3 years ago.

    1. Paul Dezso de Holczer
    1 lawyer answer

    You need to speak with an attorney and bring them all the documents (letters - if any - from apartment community, commercial application, lease, articles of incorporation of your company - or similar organizing documents). Do not wait to do this: Address this issue as soon as possible in order to give yourself the most latitude to deal with this matter to your best advantage.

    1 lawyer agreed with this answer

  8. Can you break contract for a house if you find out child sex offender next door?

    Answered almost 3 years ago.

    1. Paul Dezso de Holczer
    1 lawyer answer

    You can break a contract, but be prepared to pay the consequences. Look to your contract for those reasons you can break the contract without penalty. If this is not covered, then if you break the contract for this reason you may be sued or forced to arbitrate. You will want to discuss this with your attorney. A few things to realize: Because of the nature of the laws on sex offenders, a person might have to register for public urination or underage consensual sexual relations, so not...

    1 lawyer agreed with this answer

  9. I have been subpoena to court to testify against my brother, can i plea the fifth since he's my brother?

    Answered about 3 years ago.

    1. David F Stoddard
    2. Paul Dezso de Holczer
    3. Joseph Preston Strom Jr.
    4. Richard C. Southard
    4 lawyer answers

    You have two questions: 1) Can a subpoena be served by mail? 2) Can you be forced to testify against your brother? First, under some circumstances, process can be served by mail. It depends on the authority of the court in which you are called to testify whether or not process by mail is enforceable against you. Second, if process by mail is enforceable against you, you can only "plead the Fifth" and avail yourself of the protections afforded by that constitutional provision if you...

    1 lawyer agreed with this answer

  10. Property Owners Association in SC. The Board of Directors are making decisions without the property owners.

    Answered about 2 years ago.

    1. Paul Dezso de Holczer
    1 lawyer answer

    You should review the Property Owners Association bylaws and regulations. These should set forth the proper procedures for making changes to the bylaws and regulations and fees assessed. If the POA followed the proper procedures there is likely very little that you can do beyond moving away. If the POA did not follow the proper procedures, you will likely need to engage an attorney to address that. Remember that the POA can fight you and assess the property owners (including you) to fund...

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