Archived
Does a "As-Is" seller have the duty to disclose a water leak and re-plumbing with no required permits or inspection?
Mercedes's answer
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Answered on November 16, 2015
YES - the Seller must disclose all known defects that are not readily observable by a Buyer. If the Purchase Contract used in the sale was the...
Archived
We have two openings in our HOA Board. Only two candidates applied.
Mercedes's answer
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Answered on November 14, 2015
The two candidates would take office as other prior elected Board Members. The Bylaws should address this issue. If the Annual Meeting is in...
Archived
Curative Statute of Limitations
Mercedes's answer
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Answered on November 14, 2015
Your question is fact specific. Depending on when the last deed was recorded, you may need to file a quiet title action. Quiet title actions are...
Are HOA pre-litigation settlements entitled to recovery of attorney's fees?
Mercedes's answer
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Answered on November 14, 2015
You mentioned a mediator and settlement. If the dispute with the homeowner was settled, then depending on the settlement agreement, you may not be...
Archived
Can a newly elected HOA Board obtain legal files on homeowners from the prior Board's attorney? What case law/statute applies?
Mercedes's answer
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Answered on February 01, 2015
Yes the new Board is entitled to the records. The attorney represents the Association. As the client, the Association is entitled to the legal...
Archived
Am i entitled to compensation on HOA from my condo for loud noise 24/7?
Mercedes's answer
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Answered on February 01, 2015
You should advise the condo association as soon as possible in writing of the severe impact on your unit from the noise. If there are strict rules...
Archived
Re: real estate disclosure
Mercedes's answer
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Answered on February 01, 2015
If the owners of the home knew of the material defects and failed to disclose them to you prior to your purchase, then you have a case. The key is...
Archived
Writ of possession was issued 01/30/2015. We are the former property owners. On Mon. 2/2/14 Were going to file a emergency stay
Mercedes's answer
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Answered on February 01, 2015
In your question, you state that you are the "former property owners." If you are the owners, you want the tenants out and possession. You would...
Archived
I filed an eviction with the courts: counts I and II. The tenants left after being served by the Sheriff. What happens now?
Mercedes's answer
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Answered on February 01, 2015
Provided the tenant was served with a 5-day summons for the eviction and 20-day summons for the damages, if they did not respond to the eviction...
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