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Cheryl Rivera Smith

Cheryl Smith’s Answers

5,749 total


  • How do you stop the development of an apartment building being developed on top of existing parking garage that's nonconforming?

    The existing parking garage is 20 years old and includes more than 200 parking spaces that are non-compliant based on length, width, and located too close to support columns. The garage includes driving aisles that are 4' too narrow and two-way tu...

    Cheryl’s Answer

    I would make an appointment with a city planner to make sure that your facts are correct. If this development adversely impacts you, contact a real estate litigator and file a lawsuit. Best of luck.

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  • Does our Texas Homeowner's Association need to incorporate?

    I was recently elected as the head of a small HOA in East Texas (only 5 homes). We've been an unincorporated HOA since formation in 1985. Is there any compelling reason to incorporate? Does the immunity from liability provided to officers and dir...

    Cheryl’s Answer

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    Anyone could be sued. Incorporating won't shelter any of you from a suit if one is filed and you are also named individually. There is no blanket assurance by law that removes liability. What I would do is purchase a small directors and officers insurance policy.

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  • Auction purchase of house, adjacent land owner threatens to sue for use of easement.

    I purchased an house in Clyde Texas thru an action. The house sits on 1 acre and access is thru an easement thru a couple other parcels that states the easement goes to successors. one of the owners is threatening to sue if I use the easement and ...

    Cheryl’s Answer

    Easements run with the land, meaning you probably own an easement. You need a title search to see the status of access. He can't hold you hostage and I would call the police and file a complaint because of the threat.

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  • Auction purchase of house, adjacent land owner threatens to sue for use of easement.

    I purchased an house in Clyde Texas thru an action. The house sits on 1 acre and access is thru an easement thru a couple other parcels that states the easement goes to successors. one of the owners is threatening to sue if I use the easement and ...

    Cheryl’s Answer

    Easements run with the land, meaning you probably own an easement. You need a title search to see the status of access. He can't hold you hostage and I would call the police and file a complaint because of the threat.

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  • How does a Life Estate section affect a Quit Claim Deed?

    I'm drawing up a Quit Claim Deed in order to add my wife's name to the deed on our home. How will including a Life Estate section affect my adding her to the Deed? The language in the clause seems to only include the rights of the Guarantor. How d...

    Cheryl’s Answer

    First of all, we typically don't use Quit Claim Deeds in Texas to convey because it does not provide insurable title. Who has the life estate? Who is the remainderman? You can only convey what you own. If you are the owner of the life estate, then you will be conveying your wife a portion of your life estate. It may be better to have an attorney help you with this, it shouldn't cost more than a couple hundred dollars.

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  • Who is responsible for water damage?

    Tenants used shower in the upstairs bathroom, even though it was leaking prior to shower head; actually shower head got lose and half of water was spraying directly onto the tiles, as it was affixed to the wall. So much water was pouring down the ...

    Cheryl’s Answer

    It depends. If the landlord was notified of the problem, and did notthing to fix it, there may be shared liability. If the tenant should have known that the shower head was causing the leak and continued to allow the flooding, then tenant failed to mitigate. It really doesn't matter who is at fault, it is the landlord's responsibility to make sure you have a safe and dry premises.

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  • Do I have a right to revoke a notice to vacate given by the apartment management company?

    My daughter threw several items over our balcony. Other tenants complained and management gave me a notice to vacate by the end of July. But she agreed not terminate lease if it did not happen again. My daughter has ADHD & I'm seeking professional...

    Cheryl’s Answer

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    There is no right to revoke, but you can defend yourself at the eviction hearing. It might be helpful if your daughter moves and no longer poses a threat to the neighbors. Someone could have been injured by her actions. Talk to the manager to see if there is anything you can that will allow you to stay.

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  • My agent is not showing my home and I have recorded the "so called showings" do I need to contact an attorney?

    After the divorce I got the house it is located in an other city from where I reside my agent has not been showing my home and I have proof! I am certain she wants my home to go into foreclosure I need help?

    Cheryl’s Answer

    I certainly hope not! The agent may have a sponsoring broker. If that is the case, go up the chain and ask for a report of all efforts made, a showing report, and check out your house on Realtor.com. If it is in MLS, you should be able to google the address and find it.

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  • I bought a house in Kingsville TX about 2years ago and the builder hasn't certificated the roof.

    i bought a house in Kingsville TX about 2years ago and the builder hasn't certificated the roof. The area the house is in required by insurance.

    Cheryl’s Answer

    If the builder does not want to cooperate, you may need an attorney to write a demand letter. If not cooperative then, you might need a lawsuit. Wish I had better news. I have re-classified this question as construction, so maybe another attorney will have a better idea. Good luck.

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  • Does a HOA Board have the right to tell me to cut my vines that grow above the fence into the neighbor's trees next door?

    The neighbor did not complain; she will probably like the vines growing as she planted trees and bushes all along the fence so the nosy people in the upper floors cannot peer into her yard. The bylaws says the Board cannot dictate what I plant in...

    Cheryl’s Answer

    I agree with Mr. Russell. They may also have Rules and Regulations that aren't recorded and might be enforcible. You'll need to review these documents and ascertain the answer for yourself. Best of luck.

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