Damage to a unit owners rug and ceiling from a sprinkler system was covered by the master insurance policy and a check cut minus the policy deductible, the unit owner now wants the HOA to pay him the deductible from the reserves?
Always refer to the condominium documents - usually the Master Deed and Declaration of Trust - governing the operation of the Condominium and, in particular, how insurance claims are to be handled. If they are unclear, it may make sense to have them reviewed by an attorney for clarification.See question
I owe the IRS approximately $70,000. They considered the debt uncollectible but have a lien against my property. I am in arrears approximately $111, 000 on my property worth about $230,000.
The presence of an IRS lien will not prevent foreclosure by your lender/mortgagee if you default under the note. If your lender forecloses its interest in the property, it will be required to notify the IRS so that the IRS will have an opportunity to protect any interest it may still have in the property if it holds a lien junior to the mortgage. Where it appears there is equity in your property, the IRS could still potentially redeem the property after foreclosure and sell the property to recapture some or all of the taxes you owe. If the tax lien were senior to the mortgage, that would be another story and the mortgagee's rights would be subject to the tax lien.See question
Its been difficult to find an attorney to work in my behalf pro bono or a reduced rate im realizing doesnt always mean affordable for the average working class individual in this economy.
Legal matters can be very complex and real estate, in particular, are typically very tricky and there's a lot at stake. That's why the educational requirements for lawyers are so demanding. I don't recommend you go it alone. My office regularly provides free consultations. Feel free to give me a call at (781) 548-9999 or check out my website www.dicarlolegal.com for more info. Best of luck to you if you decide to go it alone.See question
How should the deed be written?
You should have an attorney review the deed to confirm whether or not it matches your understanding of who currently holds title to it. If your mother holds it as a tenant in common with her children then there could be implications. Even if she deeded it outright to her children there could be implications as MassHealth has a look-back period for determining long term care eligibility. If the home was transferred too recently, she could be disqualified for eligibility for a certain period of time. If your mother is going into a long-term care facility, you should consult with an elder law attorney to determine how to handle her assets, if any. Best of luck to you and your family.See question
My name is Leon. My condominium trustee wants to enter my unit to inspect water consumption of my toilets. He says we changed our condo bylaw that we have to have 1.6 GPF toilets. I have 2 toilets in my condo. My toilet is 1.6 GPF. My 2nd toilet i...
Always, always refer to your condominium documents (master deed, declaration of trust, by-laws, rules and regulations, any amendments, etc.) to determine what your rights and obligations are. These will inform you about how and when a trustee may enter your unit and what prior action they must take, if any, to obtain your permission to enter. Also, you should familiarize yourself with your obligations with respect to the replacement of the toilet with a low-flow model. Were time constraints given for the upgrade? Are unit owners required to provide proof of the upgrade to the trustees? Are fines permissible with respect to a failure to complete the upgrade? Replacement of a toilet is typically not a major project, but the services of a licensed plumber should be utilized so as to prevent any damage to your unit or to any of the common elements. I suppose abandonment of the higher volume toilet in a sense complies, particularly if the water serving it is shut off, but the trustees may not agree and may have specified what actions are necessary for compliance including the complete replacement of the toilet by a licensed plumber and proof of same. Pardon the pun, but don't flush your hard earned money down the drain by failing to comply and being fined for it. If the trustees have to enforce the regulations against you in court, this could cost you even more. That's not to say that you may not have a valid claim against them and that they are not using the situation to gain access to your unit and perhaps, as you say, harass you.
Also, just a friendly FYI, I recommend that you don't use your real name (if you did) in these kinds of posts. You don't want to sacrifice your anonymity and elevate what already sounds like an intense situation. You never know who is reading them! Best of luck to you!See question
Just to give some background. Tenant had already owed 3 months back rent and at the time, we had a pending eviction case in Housing Court however she moved out prior to the date of the case. Long story short, the tenant did not show up at court o...
Caution must be used when dealing with security deposits - even if the tenant owes you rent. Massachusetts General Laws Chapter 186, section 15B deals with the handling of security deposits. A landlord forfeits the right to keep any portion of a security deposit if (s)he: "(a) fails to deposit such funds in an account as required by subsection (3); (b) fails to furnish to the tenant within thirty days after the termination of the occupancy the itemized list of damages, if any, in compliance with the provisions of this section; (c) uses in any lease signed by the tenant any provision which conflicts with any provision of this section and attempts to enforce such provision or attempts to obtain from the tenant or prospective tenant a waiver of any provision of this section; (d) fails to transfer such security deposit to his successor in interest or to otherwise comply with the provisions of subsection (5) after he has succeeded to an interest in residential real property; or, (e) fails to return to the tenant the security deposit or balance thereof to which the tenant is entitled after deducting therefrom any sums in accordance with the provisions of this section, together with any interest thereon, within thirty days after termination of the tenancy."
If you have failed to comply with the statutory requirements for security deposits, you not only forfeit your right to the security deposit, but could also be subject to trebled damages and attorney's fees and court costs depending on the nature of the violation. I know that this is harsh in light of the fact that tenant failed to pay you rent, but security deposits are never considered the landlord's property until certain steps are followed. You need to make sure that you followed those steps before making a claim to the funds. I recommend that you have an attorney analyze the situation so that you can determine your best course of action. Best of luck to you!See question
Recently terminated a lease with multi site national apartment complex with this location being in MA. I paid an additional $50 per dog (2 dogs) per month. I just received the breakdown of charges against my security and I am responsible for rep...
You should refer to your rental agreements and communications with the landlord to determine what the monthly fee is meant to cover and also ask your landlord directly. Some landlords charge pet rent. Keep in mind that any upfront pet fees you paid at the inception of your tenancy are prohibited. The law specifies what a landlord can and cannot collect from a tenant up front. And, security deposits are dealt strictly by Mass. law. Your landlord must follow certain requirements before they can deduct for anything. It may be helpful for you to contact a landlord / tenant law attorney to determine whether or not your rights have been violated. Best of luck to you!See question
Condo board treasurer cashed my check but is now telling me and the rest of the board and other condo owners I never sent a payment and they are going to start foreclosure. This woman is completely nuts as she is out to destroy me, she doesn't ev...
Officers and trustees of condominiums owe a fiduciary responsibility to unit owners meaning that they must take care and act responsibility with respect to trust funds. In your case, knowing what you now know, I recommend that you keep a copy of everything you remit to your association and, where caution permits, send things by certified mail return receipt requested, keep an accounting of all monies remitted and, furthermore, request an accounting for your unit so you can determine what funds have been credited to your account and what funds are being claimed as being in arrears. Then go to your bank and request proof of checks cleared from your account for condo-related expenses. You must be proactive in your approach so as to save yourself time and money if and when your situation gets to court. It may be time to engage an attorney who can craft a proper demand letter that will not only get the attention of your treasurer, but put them on notice that any improper actions taken by them will not be permitted and are being documented. Fraud is not only improper, but illegal. Best of luck to you!See question
This paragraph is quoted from condo by laws in Massachusetts, I want to know what the wording of it means. I totally have my opinion but want to know yours. "Subject to provisions made in the Declaration for the protection of mortgagees, Thes...
Because you reference the Worcester County Registry of Deeds, I suspect you are pulling this language from condominium documents and not from the Massachusetts General Laws. This language, while also detailing, in part, how the bylaws may be amended, protects those provisions in condominium documents dealing with the rights of lenders/mortgage holders from being amended at the whim of unit owners and/or trustees or developers. It basically carves mortgagee-related provisions out of the Declaration of Trust and shelters them from unilateral amendment. Nowadays, because of the strict requirements of lenders, condominium documents, for practical purposes, must include language protecting the rights of lenders. Otherwise, Fannie Mae, etc. would not insurer or give out loans for condominium purchases. Because the language you are quoting doesn't specify what % of unit owners is required to amend the by-laws, I suggest that you review the rest of the document for more info on this part.
If you are purchasing a condominium or contemplating embarking on litigation involving your condo, I strongly urge you to consult an attorney first so that they can review the condominium documents, which tend to be very complicated.See question
The property in question came from parents estate but was not sold with the estate. So basically, all 5 now own a 1/5th share in the property. There is a legitimate offer (slightly over market value) on the table to sell. Does there need to be ...
However you and your siblings reach on agreement to sell is up to you, but ultimately the purchase and sale agreement and the deed transferring the property to the buyer will need to be signed by all of the owners. You cannot compel them to sell the property or sign the deed short of court intervention. One way to force a sale is by filing a partition to partition, but this is costly and very time consuming. The buyer would likely walk rather than await a court order forcing the sale. One way to appeal to any siblings not interested in selling is by providing them with clear evidence of why it would be in their interest, financial and otherwise, to sell. Providing them with data verifying that the purchase price is fair and reflects the market value for the property would be helpful. But you this data needs to be objective data, such as a broker's comparative market analysis, and not just opinion. Also, you should detail for them the continued expenses they will incur if the home is not sold (taxes, insurance, maintenance, repairs and other expenses). Finally, owning an asset with others makes them susceptible to lawsuits and other potential liability. Best of luck to you and your family!See question