Anthony K. Murdock's Answers

Condo owners rights against board decision to change by laws preventing owners from renting units WI state

Under Wisconsin Statutes section 703.10(5), Condo bylaws may be amended IF there is an affirmative vote of 67% of the unit owners in favor of the amendment to the bylaws. Thus to defeat this proposed change, talk to your neighbors, you'll be able to continue to rent your unit if 34% of the other owners agree with you.

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Is it possible to appeal an insurance claim that was denied

I agree with the previous response that a lawyer's involvement may help in this case. Alternatively, this is the type of insurance claim that you may want to bring to the attention of the State of Wisconsin office of the Commissoner of Insurance. You are likely to receive a more receptive audience if your "coverage appeal" is presented to your insurance company by the Commissioner's office.

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How can we get out of the lease?

Without seeing the lease (there may be termination options or other such provisions), it is impossible to answer with certainty. However, you probably will not be able to get off the lease contractually. You do have other options, such as suing the other partner to meet his or her obligation and attempting to negotiate with the lease company. You indicated that you attempted to negotiate already, it may be worth trying again. Often when confronted with a potential default an Owner will...

Black mold in tenants residence

Contact your local or state department of health and human services. Often times they will be able to test for toxic mold. They will also be able to order the land lord to remediate the mold. If there is a fear of a toxic mold a warning from the state or local agency will do wonders for enabling the tenant to get out of the lease due to safety concerns.

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Small Claims court but defendent live in different state.

Typically, you can sue someone who lives in another state in the state you live in if certain connections can be shown. This is known as jurisdiction. Things that may establish jurisdiction in PA would be if the the claim relates to property in PA, if that person has substantial contacts with PA; if the matter concerns a contract that was made in PA. Assuming that you meet PA's jurisdictional requirements, you could then have a process server or a sheriff serve your complaint on the VA...

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What does it take for a company to sue someone in another state

A company can very easily bring a claim in another state. Alternatively, if you have sufficient contacts with the state that the company is based in, the company could sue you in that state. That being said, your question seems to imply whether you could be held liable for making a grievance known by posting it in public. You'll be pleased to know that as long as everything you have said is true, you cannot be held liable. You have a right to freedom of speach. Just imagine if you couldn't...

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How do you get a court order and what do you need

It is difficult to fully respond to your question because there are 100s of different types of court orders. Usually, you need to make a request for an order. This process is called a motion. Depending on what you are asking the court to do, a brief detailing the legal grounds for the order may be filed. Other motions may be made orally before the court.

BREACH OF CONTRACT

In most courts, there is a scheduling orders that has a deadline to select a jury. If you want to opt for a jury you would filea demand for a trial by jury and pay the jury fee.

Lease termination

Talk to your landlord and attempt to reach a resolution. If you can't reach a settlement, you probably are in litigation.

Reasonable Agreeable Settlement

While I don't have all the facts, $1000 certainly could be reasonable. For example, if you filled out a real estate condition report that did not disclose a lack of heat, your buyers could sue you for fraud. Under some states' laws, a buyer that buys real estate because of an misrepresented condition report is entitled to double or triple damages and attorneys fees. Additionally, if the facts of the transaction are somewhat complex or multiple interpretations, a $1,000 resolution...