Archived
Hi, our HOA was never honored & dissolved 9/13/10, the original builder & new neighbors want to start it up again. Can they?
Randall's answer
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Answered on December 20, 2013
The dissolution of the HOA by the Secretary of State is different from whether the HOA can be reactivated. The obligation to pay to the...
Archived
Licensed Real Estate salespersons entered contract as Community managers without a broker. Can homeowner recover contract money?
Randall's answer
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Answered on December 19, 2013
Restitution would be for funds directed improperly from the association's account. If there was no money used improperly, there is nothing for...
Archived
In Georgia, if house is owned by 2 entities, can creditor attach lien? How do you title property to protect other owner?
Randall's answer
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Answered on December 19, 2013
Assuming that title is properly in two entities, and there are some specific requirements for how property must be held in a trust, if there is a...
BOD of HOA created new Bylaws without vote of members and is ignoring request to do it properly.
Randall's answer
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Answered on December 19, 2013
While some HOA boards have the authority to amend bylaws without a membership vote, if that was not in your original bylaws, the board cannot adopt...
Archived
I am being sued by a comply and I don't have any money to pay i need to answer my the 27 of Dec. what should I do?
Randall's answer
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Answered on December 19, 2013
If you don't file an answer, the company can get a judgment against you be default. If you signed the documents and owe the money, the company...
Archived
We bought a house and found out that there were water-related damages and mold that was not disclosed.
Randall's answer
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Answered on December 17, 2013
One of the things you are going to need to check is what questions did you ask the seller. If you didn't ask about water leaks or recent repairs,...
Archived
Can an HOA limit the operating hours of a commercial unit so that no access to the unit is allowed at all outside those hours?
Randall's answer
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Answered on December 12, 2013
I don't know California law, and I don't have your covenants to read, but I would be shocked if the Association had any right to prohibit access to...
Archived
Is it legal in Georgia for an apartment complex to charge 2 late fees in the same month?
Randall's answer
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Answered on December 12, 2013
It largely depends on what your lease says and what you agreed to when you signed the lease. The late fees sound high for an apartment, but if you...
Archived
What can I do if my former homeowners association has filed a civil suit against me following my bankruptcy discharge?
Randall's answer
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Answered on December 12, 2013
Under the bankruptcy code, you would have been discharged from debts prior to the date of filing. The HOA expressly under the bankruptcy code can...
Archived
Can landlord sue me for last 6 months on the lease if she changed the terms in an email?She states emails mean nothing in court.
Randall's answer
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Answered on December 12, 2013
It sounds like the e-mail may have modified the lease. Normally the lease controls, but where the party benefited by a lease provision sends the...
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