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HOA fee from $400 raised to $600 in 5 years, also there is special assessment fee $10100 is coming , is HOA charge too much ?
Frank's answer
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Answered on January 07, 2011
Yes, it is legal provided the HOA board is following the CC&Rs and Bylaws. In fact, HOA boards are required to impose regular and special...
Archived
Prior to filing an action for collectioin of association assessments in Superior Court, does HOA have to submit to ADR?
Frank's answer
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Answered on January 07, 2011
It depends on how much over the small claims limit. The HOA can waive the difference and still go to small claims court.
Or the HOA can go to...
Archived
What is the Statue of Limitations?
Frank's answer
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Answered on January 07, 2011
Yes, you can still sue the plummer in small claims court. You are not barred by the statute of limitations I agree with Attorney Corman's response.
Archived
Does homeowner's asscociation have to offer ADR before filing a small claims action to collect assessment?
Frank's answer
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Answered on January 07, 2011
No, ADR is not required prior to going to Small Claims court. (California Civil Code §1369.520(c).)
However, in Superior Court, neither...
Archived
My last landlord keep over 3/4 of my deposit. My deposit was $3000.00, the landlord gave me back $810.00. Do I need a lawyer?
Frank's answer
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Answered on January 07, 2011
No, you can easily pursue this claim in small claims court. For the law on security deposits,...
Archived
Tenant plans to pay rent on the13th. after she pays the rent can i give her a 30 day notice?
Frank's answer
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Answered on January 07, 2011
Assuming she is a month-to-month tenant and not on a lease, and assuming she has not been a tenant for more than 12 months, and assuming she is not...
Archived
Can someone "allege" to be a victim of domestic violence to break a lease even though its not true?
Frank's answer
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Answered on January 07, 2011
Yes, Civil Code section 1946.7 does not require that there be a finding of domestic violence, only that there be a police report showing that...
Archived
I just learned a week ago that i am a defendant in a civil suit that is nearing it's completion. i cannot afford a lawyer.
Frank's answer
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Answered on January 07, 2011
There are insufficient facts in your answer to know the exact status of the proceedings or the nature of the "court date" next week. If a default...
Archived
I provided a service, (built a new boat dock), and have been paid nothing towards time & labor. Customer refuses to pay.
Frank's answer
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Answered on January 07, 2011
You can try to pursue the customer/owner in small claims court, but if you provided services which required a contractor's license, the customer...
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Archived
Does principle of stare decisis supersede new law ?
Frank's answer
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Answered on January 07, 2011
No, the principle of stare decisis would rarely supersede new California state law which is directly on point. However, it depends upon the...
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