Archived
Can 1 member of a HOA sue the managing agent and another member of the HOA if the corporate status is
Dean's answer
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Answered on June 27, 2016
The following is an attempt to help with the warning that each set of CCRS and ByLaws is unique to the community. In your case I can only provide...
Archived
Can the managing agent of a HOA appoint a President of the HOA withut any board member voting if the CC&Rs require voting
Dean's answer
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Answered on June 18, 2016
In 25 years of HOA practice I have never seen bylaws or CCRs that provide authority to a managing agent to choose officers. Every set of bylaws...
Archived
Voting in HOA
Dean's answer
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Answered on June 09, 2016
They most certainly do NOT have the right or power to do that. This is still America and not some dictatorship where a vote can be compelled! ...
Can I use California law to make a neighbor cut down a tree that is encroaching on my backyard and dropping rotten fruit?
Dean's answer
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Answered on June 07, 2016
Yes; the laws of Private Nuisance protect you. You can either file a small claims action to collect financial damage each time you have to spend...
Archived
What happens when a Century 21 Realtor pressures you to sign an escrow extension after the closing date?
Dean's answer
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Answered on June 07, 2016
I agree with my colleague. Your question cannot be answered directly because there are too many unknowns such as: do you want out of the deal? If...
Archived
If the Declarations of a HOA state that guest and tenants of all condos are subject tot the rules and covenants of the HOA and
Dean's answer
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Answered on May 29, 2016
A guest or renter is not a party to the contract (Declaration/CCRs) between the HOA and the owner and cannot be sued by the HOA for violating the...
Archived
Can Homeowners association go after me personally?
Dean's answer
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Answered on May 22, 2016
Like Mr. Greenbaum I recommend that you seek the advice of a competent real estate attorney. In your particular situation I do not believe that...
Can I sue the HOA for stress? Can I take them to court To make them put up a fence? What can I do to resolve this? Any solutions
Dean's answer
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Answered on May 21, 2016
I am going to have to respectfully disagree with the prior counsels positions. If the parking lot is for residents only then I am going to assume...
Selected as the best answer
Can the HOA force us to convert our garage back, ignoring my Disablity and inability to climb stairs multiple times a day?
Dean's answer
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Answered on May 18, 2016
Mr. Nichols is absolutely right. And in searching for such an attorney start with the broader category of real estate attorneys with HOA...
Archived
I have no idea what my rights are and how to get the Board to act in a more timely manner. I need an attorney?
Dean's answer
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Answered on May 18, 2016
A board "dragging its feet" when physcial damage to property is occuring and safty is at issue is something a qualifiied HOA attorney can certainly...
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