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James Alan Greer's Answers
- 55 Legal Answers
- 0 Legal Guides
3
Attorney answers:
I own my condo and my HOA has decided to tent for termites. What are my rights?
Dear Condo Owner: 1. It is always well advised to have periodically taken photo or video of your unit contents and belongings (whether for fire, or theft) - do this before you leave; 2. The HOA Management becomes jointly liable - along with the termite tenting company - the moment you relinquish your keys to them, therefore out of caution ask the Management Company to provide a copy of the Liability Insurance policy of the termite Company (if they're reputable they will oblige, and...
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3
Attorney answers:
How do i screen arbitrators?
In order to "screen" lawyers on the List you had been provided from the service provider, you should do the following: 1. Try and get an understanding of the type of practice the arbitrator undertook as an attorney (examples: you'll be able to get a general understanding as to whether the person was "plaintiffs" or "defendants" type of practice. 2. Look at the associations the person belongs in order to glean the same proclivity. 3. Then, research the law firm - try and find out if there...
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3
Attorney answers:
Can my HOA make me take down an already existing pathway because I made it concrete?
Dear Condo Owner: My concern is with your having "added concrete sidewalk and concrete steps" without previously obtaining approval from the HOA . Why ? Because typically a Condo Owner (you) are the title owner to only the interior space of your unit (literally, "from the paint on your walls, and inward"). And also typically, the HOA owns the "common areas" (including the exterior walkway where you provided said improvements). Therefore, if you are in a typical HOA situation, you've...
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4
Attorney answers:
We purchased a home and the sellers/family failed to disclose important info on the disclosers, we felt this was deliberate.
PLEASE NOTE: There are a few legal doctrines that you should be VERY concerned about (these include, among other, Prescriptive Easement and Easement by Necessity). The longer you allow the neighbor to continue to "encroach" the greater their rights are to pursue their expanded fence line permanently. Therefore, I would advise seeking counsel. Next, I would advise you to respectfully demand that the fence line be placed back on the surveyed boundary. "Legal Action" (as asked) may...
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2
Attorney answers:
How long do I have to wait for property to be considered abandoned?
If you are planning on selling the contents then I'd caution you to make sure you "preserve the evidence" in case the owner returns to reclaim the property; what this means is take thorough photos of the contents (better yet, photos and a video). Then, also keep copies of receipts of any of the sales transactions. If you are intending to keep any of the contents for your own use, then in addition to the above steps to preserve the evidence you may also want to try and have an "appraiser"...
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3
Attorney answers:
I signed a contract with a real estate company to find a tenant lease premium $40000 plus six year rent at $32000 per annum.
In addition to the other counsels' comments, it would seem to me that there should be SOME reasonable deduction to the $8000 fee, based on the fact that you didn't achieve the lease premium. An attorney experienced in real estate law (I have 25 years in the field) would want to examine the following in order to properly guide you: 1. Your agreement with the Real Estate Company that was hired to find the tenant (paying particular attention to the parameters of how they should be paid and a...
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3
Attorney answers:
I sold one of two properties i own to a third party which had utilities jointly serving both.
It would appear that you MAY be able to lodge a claim against the Buyer, but there are a few issues/concerns: 1. What are your "damages" for not having utilities ? (i.e. did your second property have a renter or was it unoccupied). If you lost rent, and can "prove" this, then the lost rents may be recoverable. The other area of damages may be the costs to have to re-connect your services (see below). 2. Is six weeks a "reasonable time" to repair the utilities ? (i.e. reasonable would be...
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2
Attorney answers:
What are Property Owners' Collective Maintenance Responsibilities for a Street in Unincorporated San Mateo County CA?
If there are no CC&R'S for your neighborhood, and the County has not agreed to provide maintenance (both of which conditions seem likely under your described facts), then the neighbors should get together and form a MAINTENANCE AGREEMENT. This is basically a contract, signed by all property owners, it is recorded and therefore "runs with the land" (this means that if a property owners sells/transfers, the Agreement is binding upon subsequent owners). After you perform your research, your...
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3
Attorney answers:
Is a contract still valid if a contractor put the wrong address on the contract?
I am a CA attorney (22 years) specializing solely in construction law (located in Del Mar), and I am also a Licensed California general Contractor. Enforceability: I agree with the previous writer, and won't belabor the point - an address mistake will not render the Construction Contract invalid. HOWEVER, there are several other B&P Codes which contain REQUIRED notices to owner and other writings that indeed can make the contract void or voidable. These laws were in effect "a year ago" as...
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3
Attorney answers:
My HOA has a landscape easement for the back 1/2 acre of my property. How do they (or me) know how close it gets to my house?
After you examine title for the Easement you are well advised to meet with the HOA (Architectural Committee) to discuss their agreeing with the location of your proposed fence. DO NOT merely install it and "hope" the HOA accepts it, as that can result in a demand by the HOA to have you remove the fence and replace any destroyed vegetation (I've seen plenty of those claims, unfortunately). After that, if there is an agreement, hire an attorney to make sure there is a written agreement as to...
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