I live in Henry County, GA. Moved into our home, the last home in our subdivision, in early 2000. After moving in, Henry County came out and planted Leyland cypress trees in front of the retention pond. The front of the retention pond run from my ...
I am only guessing as I don't have the plat or any covenants or deeds relating to the retention pond to review, but my first guess would be than Henry County is not responsible for maintaining the retention pond. By 2000 when you moved in, most governments in the area had stopped agreeing to be responsible for retention ponds and the responsibility was shifted elsewhere. In most communities, the shift was to an hOA for the community. IF you have an HOA, start by talking to them. If not, you probably are going to have to get an attorney t review the deed and plat records to advise you of your options.See question
We brought our home in 11/15, and was told from the Lawyer that there was no active HOA's in that community. Our neighbors have been paying HOA's over 5 yrs. (since they built the community) We received a Payment notice for $375. in Jan. 17. We em...
If you bought property with recorded covenants, they will say where the HOA dues are supposed to be spent, at least in general terms. You are entitled to a budget, and you are entitled to review some financial records for the HOA. However, if you are in a mandatory HOA, you normally can't use the failure to get answers to questions as an excuse for not paying the HOA assessments. You could be funding maintenance of an entrance, maintenance of a detention pond, liability insurance,, and any number of other items.
First, get a copy of your HOA covenants from the county deed records if you don't already have them. Second, go the the Secretary of State's website under corporations, search for the name of your HOA, and see if names of officers show up there to contact. Third, ask for information and budgets. If you get to step 3 and there is no response, it may be time to get an attorney involved before you find yourself the defendant in a lawsuit to collect unpaid assessments.See question
We recently had our property surveyed so we'd know where our property lines are. The neighbor sent us a letter disputing our surveyor's property stakes. She has now posted no trespassing signs on the trees on our property. Evidently she is unde...
I think you have answered your own question. If your neighbor is already blocking your driveway, posting no trespass signs on your property, and disputing your survey, the remedy is probably through a court. Property line disputes are resolved every day by agreement with minimal legal assistance, but your post indicates that is highly unlikely to be an option in your case. Take your deed and survey and pictures of what your neighbor has done to a real estate attorney who is able to handle litigation matters as well.See question
I just found out my wages are being garnished and can't find out who is taking the, why so much, and what for. And I really need this to stop because this has caused me to get behind on bills and not take care my family as I should.
You may want to start with a consumer protection attorney. There may or may not be ways to fight the garnishment short of bankruptcy, and those should be considered. No one is going to be able to advise you on your best option without knowing a whole lot more of your financial situation and the judgment on which the garnishment is based.
It is not unusual for an employer to know about a garnishment before the employee. The employee/debtor is entitled to notice, but notice is timely if sent 3 days after service of the garnishment on the employer. As for who is taking the money, you should know if you have a judgment against you, and you will know once you get your copy of the garnishment. If a consumer protection attorney can't assist you to an acceptable resolution, a bankruptcy may be an available alternative.See question
My condo's HOA is requiring each owner to pay a special assessment for roof repair/maintenance. My loss assessment coverage will not cover building maintenance costs. I believe this matter should be handled by the building's master policy. The HOA...
As I don't have your association covenants or the master policy to review, I can only make my best guess.
Unless roof replacement is made necessary by an event - lightning strike, fire, tree falling on roof, etc., there is not likely to be any insurance coverage for the replacement or rep;air. Maintenance issues generally are not covered by a condominium association's insurance policy. That kind of coverage is generally not available. If the association does not have the funds to finance the repair, their choices are usually a loan or a special assessment.
Special assessments have to be levied according to your documents. It is possible that the board can levy the assessments without a homeowner vote, but it is also possible that a homeowner vote would be needed. It depends on your documents.
The provision you mentioned probably goes on to say that the costs that can't be specially assessed are those the association might try to assess against the unit owners in one building say, for a roof, bu trying not to assess the owners of other buildings that don't need an immediate replacement. Such special assessments are often prohibited. But if all owners are being assessed for their share of the roof special assessment, the covenants probably do not block a special assessment. To be sure, one would need to have the covenants in hand to review.
Loss assessment coverage probably doesn't help you either. Again, like the association master policy, for loss assessment coverage to kick in, it generally requires a event to occur, not just the wearing out of the roof.
Hope this helps.See question
Just making sure will is not voided
Your question is not clear, and probably can't be answered anyway without looking at the wills involved. Whatever was in your mother's will doesn't change because your father remarried. However, as a general rule an existing will is voided by marriage. There are exceptions that might apply, but that can only be determined by a probate attorney reviewing both your mother's and your father's original wills. Your mother's death does not bar your father from making a new will. If you are concerned, take the wills to a good probate attorney for a consultation.See question
My HOA is requesting back payments but they are adding excessive fees. I originally agreed to pay, a certain amount and then was told to wait for their attorney to contact me. They never did. Now a new firm is trying to enforce their fees, back ...
There is not enough information in your post to determine if you have a claim against the HOA. It is unlikely, but that doesn't mean they are entitled to all the amounts they are claiming. You have defenses against the HOA, but most likely not a claim against them. Your HOA documents may provide otherwise, but that is unlikely as well.
As for the claims for improper amounts, you may have a claim against the new attorney for violations of debt collection laws. You can't and should not try to post enough information on this web site for that kind of evaluation to be made, but if you think you might have a claim, contact a consumer protection attorney or an attorney experienced in fighting with HOAs.See question
6 units within hoa are circumventing electric meters, they've tapped into some county lines (so, the county is losing) - turned some in yrs ago, was harassed with coordination. Occurring again.. The hoa seems to be aware and helped in the past ...
First, this really doesn't sound like an HOA issue. While some individuals who do work for the HOA may be involved, you haven't indicated that the HOA as an entity is benefiting. If what you are describing is theft, it is the individuals who are liable, not the HOA.
Second, it is unclear to whom you turned in the people before. If the electric lines belong to Georgia Power, contact Georgia Power. You could also contact the DA or solicitor in your area with proof that the individuals are stealing services from the county that the county is having to pay for.
If the electric lines being tapped are ones that the HOA is paying for, then a different approach might be warranted.See question
Work in Alabama. Own a property in Marietta, GA. Property has been unoccupied for several years. I drive to Marietta every 3 weeks or so to trim bushes, mow lawn, etc. A neighbor complained to the county about "odors" and I think about the gen...
First, the county is not going to take your property and bulldoze the house without notice to you. If the property was not being taken care of, the county could condemn the building and bulldoze it, but only after notice, due process, and you having a time to correct code violations that could be used to condemn the property. Your best bet is to hire an attorney or a property manager to communicate directly with the county to be sure there are not code violations that have been cited and need to be corrected. If you are concerned about the neighbor coming back onto the property, you may want to have an attorney sent a written notice to the neighbor about trespassing.See question
I am being sued by a private student loan collection agency. How do I change my court date?
There are all kinds of court dates in litigation, and you don't indicate what type of date your are trying to change. Some can be modified by agreement between the parties. Some require court approval. Whatever kind of date you are dealing with , your best bet is to take the suit papers to an attorney immediately so that you can get advice on your time deadlines, and that is probably the best option whether you end up hiring the attorney to appear in court for your or not. The attorneys for the plaintiff are certain to do their best to get a judgment as fast as possible, and once they do, your options become far more limited.See question