David Waldon Pickard III's Answers

I've been asking my neighbor for 5 years to help with cost of replacing a mutual fence. 45 yr old fence, fallen three times.

If the fence is in such bad shape that it is falling down, visit the Community Development Department in your City Hall and ask to speak with someone from Code Enforcement. File a complaint with Code Enforcement, and make sure you claim the fence poses a safety hazard. Code Enorcement will visit the property, and if the fence is in falling down condition, they will likely issue an order to replace or substantially repair it. Hopefully the fence is right on the property line. In that case,...

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Can my howeowners association prevent me from parking in my own driveway or force me to park my car(s) in the garage?

The answer to this question depends on the language in your CC&R's. Read the CC&R's, and if this requirement is spelled out there, then it is enforceable and they can tow car(s) from your driveway. If the CC&R's are silent on this subject, or if the paragraph addressing cars reads differently, then you have a different situation. I suggest you take your CC&R's to a qualified attorney so he can read the language and give you a proper conclusion.

If a person signs a lease agreement and then doesnt move in, are they still liable for the rent until rented? if so for how long

If it is a true lease agreement, the tenant is responsible for the rent until the term of the lease expires. But, then, your question talks about "rent" and implies your willingness to forgive the "lease" if the tenant returns the keys. So, the question is whether your document was a signed lease, or a rental agreement. If it was a standard form rental agreement, there typically would some language about the parties' right to terminate the agreement and, therefore, the rental payments. However,...