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Paul Dezso de Holczer

Paul de Holczer’s Answers

98 total


  • I have a Charter junction box on my property and they keep digging up my yard to service THEIR customers. What are my options?

    Charter is not MY cable or intrenet service provider.

    Paul’s Answer

    It depends. If Charter has its own easement, then the easement document will define their use of the easement. If Charter does not have its own easement but is using another easement at the option of that other easement-holder (or by operation of law), then you can complain to the easement-holder. If Charter is exceeding the scope of an easement, Charter might be committing a trespass. You may wish to have an attorney write Charter a letter and bring this matter to the attention of Charter or to the holder of the main easement. It is irritating and inappropriate for Charter or any other easement holder to misuse or exceed the easement. I wish you much luck with this -- a homeowner should not have to put up with this.

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  • What are the actions that a Home Owners Association should take if a property owner of adjacent land is going to sell?

    What are the actions that a Home Owners Association should take if a property owner of land that is at the subdivision entrance is looking to sell. I am concerned about our home values and would prefer to influence the change rather than be affec...

    Paul’s Answer

    These are excellent questions. The HOA may want to approach the seller directly or engage an attorney to make these inquiries for "a buyer who wishes to remain anonymous." The seller might be inclined to inflate the asking price if he or she thinks that the property will command a higher price from the HOA. In order to protect the property values of the HOA and the subdivision might be negatively affected by the potential development of the vacant property. The current zoning may not raise an issue but if the property can be easily re-zoned, then this could be a concern. You should discuss this with an attorney and do so soon. Best Wishes!

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  • There is a girl who is pretending to be a Registered Nurse when I know she isn't what is the worst that can happen to her?

    There is a girl that is pretending to be a Registered Nurse at an assisting living residence but does not work there. it has been discovered she is not what she appears to be what is the worst thing that could happen to her?

    Paul’s Answer

    Practicing as a non-licensed nurse is prohibited by law. A current South Carolina license or temporary license is required to practice nursing in this state. Orientation is considered the practice of nursing in South Carolina. Therefore, all nurses must possess a current South Carolina license and/or temporary license before beginning orientation (including classroom instruction and reading policies and procedures). It is a violation of the Nurse Practice Act to begin orientation without the proper license and can result in action by the Board. A temporary license authorizes practice in this state with privilege of title or abbreviation after name and is valid for sixty days.

    The South Carolina State Board of Nursing has the authority to investigate allegations of illegal, unethical and/or incompetent behavior on the part of a registered nurse or licensed practical nurse and allegations that unlicensed persons are practicing in violation of Chapter 33, Title 40 and Regulations 91 of the Code of Laws of South Carolina.

    Complaints can be filed with the Administrator, Director of the Legal and Disciplinary Department or other staff of the Legal and Disciplinary Department. An investigation is conducted by an investigator and a copy of the investigation is provided to the Board. The Board after review of the facts determines whether misconduct has occurred.

    All information related to the complaint and investigation is privileged as provided in the Nurse Practice Act. SEE: http://www.llr.state.sc.us/POL/Nursing/index.asp?file=boncomplaintproc.htm

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  • My qustion is about the color of fence stain.

    In May 2012 my husband and I stained our fence Cape Cod Red. Now, October 2012, they get around to telliing us we are not compliant with HOA code, six months later. No neighbor complaints. The fence has faded to a brownish red in the hot South C...

    Paul’s Answer

    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 not take you seriously if you attempt to be your own advocate. Moreover, personality clashes may arise and your attorney provides a solid professional buffer to prevent personality clashes, emotions and spite from interfering with a mutually beneficial resolution.
    Be warned, however, that one recent dispute involved homeowners seeking $222,123 in attorney’s fees and costs over an HOA lien asserted against their home in the amount of $2,212. The dispute lasted about a decade and -- again -- the HOA will seek contributions from all the HOA members (including the winning homeowners) to satisfy the judgment if the homeowners prevail. You can read more here: http://www2.tbo.com/news/community-news/2012/oct/01/memeto2-property-owner-wins-lengthy-turf-war-ar-518222/

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  • Can I sue my mother for waiting two years to repair floor in home and now asking for rent?

    I live rent free in a family owned home. Two years ago, the A/C was improperly replaced and damaged hardwood floors, posing a serious trip hazard. Now my mother is asking for rent. Is there anything I can do since nothing has been done to correct ...

    Paul’s Answer

    Anyone can sue anyone for anything. Proving the case and winning the case are far removed from commencing the case. There are not enough facts provided, but some serious questions you might wish to consider are:
    1. "Why on earth would I sue my MOTHER for providing me with rent-free housing?"
    2. "Why on earth have I not taken the initiative to repair my own flooring?"
    3. "How can I look myself in the mirror if I were to sue my mother under these circumstances?"

    Once you have the answers to these questions, you might not wish to ask the question you have posted here.

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  • HOA is harassing me about my trailer being parked in the driveway. I broke down the sect line by line for them.

    There is nothing in this section about trailer being parked in the driveway. Yet they keep sending me letters telling me that I need to move this but at the same time can not tell me were in the contract were it states this after I broke the sect...

    Paul’s Answer

    The HOA can ask you to move the trailer, but if the HOA agreement is silent about this then you need not move it. If the HOA takes the position that some particular provision applies to your situation, but you do not think so, then it will be up to the HOA to bring suit to enforce their reading of the HOA agreement. You may wish to consult an attorney as to your position. If you are correct, the attorney can write the HOA a cease and desist letter which may help you. If the HOA is serious and thinks it has a valid position, the attorney will be able to advise you accordingly. Good luck!

    If you do not have an attorney, you can contact the South Carolina Bar Lawyer Referral Service. The South Carolina Bar Lawyer Referral Service is a free resource which may be able to help you find an attorney to assist you. The service is offered by telephone and online. The telephone service operates from 9 a.m. to 5 p.m. Monday through Friday. To access the service via telephone, please call (800) 868-2284. To access the service online, please go to the web page at “http://www.scbar.org/public/lrs/default.asp”.

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  • I need to know if i can make this guy leave.

    he was a friend and had no one or place to go, we took him in. he helped with food when he could he got a job in july we got 100 dollars once, upon aking for rent this past sat he took it as an attack on him and threatend to "kick my ass" while m...

    Paul’s Answer

    So much for his friendship. Without a contract, he likely a guest and you should be able to ask him to leave. Some issues that might affect the situation are 1) whether or not he has a key; 2) whether or not he receiving mail at your house; 3) whether or not there was any kind of agreement. If he threatened you, you may be able to file a criminal complaint for criminal domestic violence (CDV). If you have a witness to his threatening you, that will strengthen your case for CDV. You should report this to law enforcement in any case.

    If you do not have an attorney, you can contact the South Carolina Bar Lawyer Referral Service. The South Carolina Bar Lawyer Referral Service is a free resource which may be able to help you find an attorney to assist you. The service is offered by telephone and online. The telephone service operates from 9 a.m. to 5 p.m. Monday through Friday. To access the service via telephone, please call (800) 868-2284. To access the service online, please go to the web page at “http://www.scbar.org/public/lrs/default.asp”.

    You may qualify for legal services: South Carolina Legal Services (SCLS) provides free legal services in a wide variety of civil (non-criminal) legal matters to eligible low income residents of South Carolina. SCLS is a non-profit corporation, funded by grants from the federally funded Legal Services Corporation, the South Carolina Bar Foundation, the South Carolina Bar, local United Ways, state court filing fees, and other federal, state and local funding. http://www.sclegal.org/
    Columbia Office
    Serving: Lee, Lexington, Kershaw, Richland, and Sumter Counties
    2109 Bull Street
    PO Box 1445
    Columbia, SC 29201
    Toll Free: 888.799.9668
    Phone: 803.799.9668
    Fax: 803.799.1781
    *Open Monday through Friday from 8:30 a.m. until 5:00 p.m.

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  • A friend rented appliances from Aaron's and does not need them, has 2. What happens if he does not pay and gives them back?

    Aaron's requires a six month lease. He has not used these, as his ex left hers there. Still NEW, but Aaron's said he HAS to keep them...as he signed a lease. What repercussions from breaking their lease?

    Paul’s Answer

    The lease itself will usually specify what might happen if a person breaks the lease. Expect the lease agreement to work against the lessor and provide steep penalties for the lessor who breaks the lease. It might be possible to negotiate something with Aarons but, if not, one might try to sell the extra (non-leased) appliances and use the money towards the leased appliances -- perhaps even to purchase the leased appliances. Good luck!

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  • Well sharing

    My dad owns property with 2 modular homes that he also owns. my brother is renting the front home and my dad lives in the back home. There is 2 physical addresses. The problem is my brother is angry that he will only get the front part of the l...

    Paul’s 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 the property is sold by auction after your father's passing and the proceeds are split evenly between the children. In any case, your father needs a will and an estate plan which resolves these issues before he passes as it will be practically impossible to resolve these issues after he passes. Good luck!

    If you do not have an attorney, you can contact the South Carolina Bar Lawyer Referral Service. The South Carolina Bar Lawyer Referral Service is a free resource which may be able to help you find an attorney to assist you. The service is offered by telephone and online. The telephone service operates from 9 a.m. to 5 p.m. Monday through Friday. To access the service via telephone, please call (800) 868-2284. To access the service online, please go to the web page at “http://www.scbar.org/public/lrs/default.asp”.

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  • We live in privatized housing on base. We have recently found all kinds of mold in air vents is there anything we can do bout it

    We moved in the house in May and there was no signs of mold or anything however in july we returned from vacation and there was mold on the celing and in the vents in the kitchen. the guy came out and sprayed something on the wall and then put a n...

    Paul’s Answer

    You are probably military (Shaw AFB) and federal law likely applies in this case. Try consulting with your JAG office first. If that does not help, you may want to consult with a former JAG officer now in private practice. There are probably some in your area or in Columbia. Perhaps your JAG officer can recommend one.

    To find an attorney to help you, you can contact the South Carolina Bar Lawyer Referral Service. The South Carolina Bar Lawyer Referral Service is a free resource which may be able to help you find an attorney to assist you. The service is offered by telephone and online. The telephone service operates from 9 a.m. to 5 p.m. Monday through Friday. To access the service via telephone, please call (800) 868-2284. To access the service online, please go to the web page at “http://www.scbar.org/public/lrs/default.asp”.

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