Questions answered by Randall M. Lipshutz

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Will todays covenants override a non existant covenant when the deed was signed?

Randall's answer | Answered on January 28, 2015

Unfortunately, the question can't be answered without looking at the documents. Most communities have covenants filed on the deed records before...

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My fiance had a prior marriage and quit claimed his old house to the Ex-wife. If we marry, will I be liable for the house debt?

Randall's answer | Answered on January 27, 2015

You are not on the loan, so you are not personally liable on your fiancé's debt. There are other considerations if the lender were to seek a...

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Do I have rights as a tenant to break my lease upon finding a rat infestation?

Randall's answer | Answered on January 27, 2015

In addition to the prior advice, you might have the right to find temporary alternate housing while the rats are removed and deduct the cost of...

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I am late paying my HOA dues. They are charging me $25 late fee each month. Thought they could only charge late fee once.

Randall's answer | Answered on January 23, 2015

It is likely that the $25 per month late fee exceeds the association's authority under its covenants, and if the HOA is covered by the Property...

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How to handle a dispute between board members

Randall's answer | Answered on January 23, 2015

HOA boards of directors frequently have disagreements between board members, including over whether there is a covenant violation. But in general,...

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Can the HOA Board revoke the "payment plan" option for an individual who is persistently late with payments?

Randall's answer | Answered on January 17, 2015

You have really answered your own question. If the BOD has the authority to offer payment plans, then the BOD can set the terms of those payment...

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Can we the BOD of our HOA charge more than one late fee?

Randall's answer | Answered on January 17, 2015

Do your covenants allow the late fee? That is really the question. Most covenants do permit reasonable late fees. Is $50 as a late fee on a 5...

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Is an HOA Board required to have an attorney draft AND file amended covenants?

Randall's answer | Answered on January 17, 2015

Let me break down the answer into parts. As for filing an amendment, anyone can take the properly executed document down to the courthouse and pay...

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Can an HOA Board restrict the number of accessory buildings an owner can have on his Lot?

Randall's answer | Answered on January 17, 2015

The analysis is not as simple as you think, and the answer is a definite maybe. I'll try to walk you through the factors. An HOA can only...

Archived

Is there a statute of limitation or expiration date for filing a supplementary declaration?

Randall's answer | Answered on January 15, 2015

The answer to your question is document and fact specific, so there is no way to answer on this forum. Generally, an amendment to a declaration is...

Randall M. Lipshutz's Answers (2683)

Will todays covenants override a non existant covenant when the deed was signed?

My fiance had a prior marriage and quit claimed his old house to the Ex-wife. If we marry, will I be liable for the house debt?

Do I have rights as a tenant to break my lease upon finding a rat infestation?

I am late paying my HOA dues. They are charging me $25 late fee each month. Thought they could only charge late fee once.

How to handle a dispute between board members

Can the HOA Board revoke the "payment plan" option for an individual who is persistently late with payments?

Can we the BOD of our HOA charge more than one late fee?

Is an HOA Board required to have an attorney draft AND file amended covenants?

Can an HOA Board restrict the number of accessory buildings an owner can have on his Lot?

Is there a statute of limitation or expiration date for filing a supplementary declaration?