California Real Estate Legal Questions

Yes, you should tell him the lot has been sold. You are under no legal obligation to do so, but there is no reason not to, and not telling him may prolong the issue.  Can he make trouble for you? Probably not, but even if he can, there probably is nothing you can do now to protect against that. You've already sold the lot.  Anyone can sue anyone for anything, The real question is how long they can prolong such a lawsuit. Contracts involving the sale of real property are required to be in writing. There are exceptions. The exceptions require reasonable reliance on some statement or action by you. The most common one is accepting a cash deposit, which you did not do. If you were involved in the sale of his house, that might be a weak spot, but still, is it reasonable for him to rely on such involvement in the absence of a signed agreement or at least something in writing?  To answer your question, a lawyer would need to review all your correspondence and emails with the other guy, and interview you about all your conversations with him, and the same for any real estate agents or brokers who were involved. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

First, get an estimate of the cost of repairing the roof and making it right, from a really good roofing company. That's the amount of your damages. If it is less than $10,000.00, you can sue to recover that amount in small claims court. If it's more but close to that amount, you might want to still sue in small claims court and give up the rest. Just prove the full amount, so that the court will be less likely to reduce the judgment any more. In small claims court, you will want to sue the sellers and the bad roofer. Your lawyer will need to know more before deciding whether or not to add the real estate brokerage and any of the real estate agents.  If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

Whether or not you can divide the property will depending upon the local land use and development regulations.  I suggest that you discuss your situation with the applicable planning department and/or a local surveyor who processes parcel maps (minor land divisions.) You should also discuss this with your tax advisor as there may be tax consequences.... Read More

You could start with letters and request meetings with the college and with your City Council members. The city could make them reopen the path. Otherwise, your only other course is to sue the college. The key to winning will be to get as many people as possible to sign declarations under penalty of perjury that they regularly and frequently used the path for at least five years. in theory, even one is enough, but the more the better. Lawsuits are expensive. I would suggest starting with a budget of $20,000.00, but be prepared to spend $50,000.00 or more. The college has that to spend, of course. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    ... Read More

I'm notn sure anyone specializes in suing HOAs, but I have experience dealing with them and know that area of law. A lawsuit takes at least a year. Even arbitration could take months. Most legal remedies involve paying money as compensation. You should do the repairs, document the defects and damage and the causes of the damage and the repairs required and the work done and the costs of that work, thoroughly. Lots of pictures. Lots of written descriptions to go with the pictures. And then tender the claim to the HOA and its insurance company. The CC&Rs for HOAs include an internal grievance procedure and require mediation. Most also require arbitration or judicial reference in lieu of a court trial. You could try using the internal grievance procedure, but even if you persuaced the HOA to take responsibility, you would lose control of the timing and quality of the repairs. Do the work and bill them for it.  If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

Do you have a written lease? If you do, then you can stay until the end of your lease.  If you don't have a lease, then you can stay until the new owner tells you to leave. It might take you a while to find replacement housing. So start looking now. Find out how much the unpaid taxes are. Maybe you can bid at the auction and buy the property. You know the condition of the property and what it might really be worth better than anyone. You still owe the rent. The landord might get the taxes paid in time to stop the sale. He might sell the property to someone else who will payoff the taxes. Lots of things could happen. If the landlord is planning to walk away and just let the county sell his property that cheap, then he's not likely to spend money to evict you for not paying the rent. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

It is possible that if a real estate attorney researched the history of the real estate title for your property and your neighbor's, he might find that you actually are legally entitled to an access easement. It's not likely, but it's possible.  A faster, surer and more likely solution is that your neighbor would grant the easement, if someone paid him for it. He might not want to ask, and he might not have any idea how much to ask for.  Could he selll you and the other neighbor who needs an easement, a couple of acres to accommodate the new driveway? What's the current market value of an acre? If he's not going to sell you the land and just the easement, maybe the price for the easement only, could be 1/4, 1/3 or even 1/2 of the price for the land. If he won't talk to you, maybe someone you know he likes and trusts could ask him. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

No, not unless there is more to the story. It is not unusual for a lender to agree to postpone a foreclosure sale for a short time in exchange for a payment of some negotiated amount of money. I would expect it would have to be at least enough to cover the interest for the period of the postponement. It is theoretically possible that a lender might agree to a cancel a foreclosure in exchange for a single payment, especially if the payment were large and the lender needed the money, for example, to get the property taxes paid by April 10 or the income taxes paid by April 15. Even if something like that happened, the payment alone won't stop the foreclosure sale. Only the lender or a court judge can stop the sale. If you had such a deal with the lender, and the lender was moving forward with the sale in breach of the agreement, you would have to go to court to ask a judge to stop the sale. It will take a lawyer at least a day or two to put the paperwork together, and the lender and the trustee must be given at least a day's notice that the lawyer is going to court. So if you want to go to court, hire a lawyer right now. Don't wait. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

File a claim with your insurance company. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

You only get to sue the seller once. If you have already sued him and won, you can't sue him again.  In order to advise you about the escrow cancellation instructions, a lawyer would need to read them. A hold harmless in favor of the escrow company is common and appropriate. The hold harmless should not cover the seller. The hold harmless will include a long list of people it covers. Some categories might inlcude the seller. Most commercially printed purchase and sale agreements which contain a mediation clause do not require a separate signature for the mediation clause. Those clauses are enforceable. Typically, if you don't ask for or agree to mediation before filing a lawsuite, you lose the right to recover your legal fees and expenses. In negotiations, that means you are at risk of having to reimburse the other side for their legal fees, but they are not at risk of paying yours. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

There is clearly a lot more to the story. I have never seen a situation where the homeowner buys the windows and the HOA installs them. Windows get replaced rarely. If they need to be replaced, it is usually either the unit owner's responsibility or the HOA's, not both. The first thing your attorney will need to do is review the contract, any change orders or amendments, and all the correspondence and emails leading up to the contract and after the contract, and listen to your version of what has happpened. Too often lawyers find that the written contract does not accurately represent the understanding of the parties. So it is not just a matter of reading the contract.  The lawyer will also want to review your CC&Rs, any amendments, and any Rules the HOA has adopted. If a letter and a phone call to the HOA don't work, your CC&Rs provide a grievance procedure. If they don't, then they need updating. The Davis Sterling Act requires such procedures. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

In rent-control cities, it is not unusual for landlords to pay tenants to leave. If you believe they plan to move, anyway, then you might try calling their bluff. When they retire, lots of people move to less expensive communities. If they have offered to move in exchange for a payment and you refuse, they'll just keep living there. Figure out how much you could really rent the apartment for. Not a guess. Find out what the rent is for comparable units in your neighborhood which have been newly rented recently. How much more money would you make if you could lease this unit for that rent for one year, two years or three years? Maybe it's worth a year or two of the increased rent in order to get these tenants out and a new tenant in, paying the higher rent. No, rent control laws do not differentiate between poor, well-off and rich tenants. Your taxes go up only 1% per year, pursuant to Proposition XIII. I am not an expert on rent control. If your insurance premiums have really gone up faster than the approved rent increases, then you might be able to petition the rent control board for an additional increase. If the process is not simple enough to do yourself, the increase might not be worth enough to pay an attorney to do it for you. If you appreciate this free advice, please remember to refer me to your friends and acquaintances with problems or questions. Referrals are till our best source of new clients. Dana Sack  ... Read More

Steve, You probably cannot win such a lawsuit. The HOA Board is given very broad discretion in deciding how to spend its assessment revenues on maintenance, repairs and replacements. If you sue and lose, you will have to reimburse the HOA for all of its attorney fees and expenses. It would be cheaper for you to get the HOA's permission to repair the landscaping and utility door yourself. I recommend lobbying a couple of friendly HOA Board members. If they refuse to talk to you, their is a procedure in your CC&Rs for discussing member grievances. It requires the HOA Board to direct a Board Member to meet with you, hear you out, and try ot negotiate a solution or compromise. If that doesn't work, then start working on electing more responsible members ot the HOA Board. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

People sue in small claims court, without attorney fees, for excess cleaning charges and other deductions from tenant deposits, all the time. You probably would not be the only one the court hears at your session. You can sue for up to $10,000.00 in small claims court. Most class-action lawsuits are handled on a contingent fee basis, where the attorney does not get paid until the end, and then receives a percentage of what is collected. We are not set up to handle cases that way. We charge by the hour, bill monthly, and expect to be paid each month for the work done the month before.  There may not be enough money involved for a class-action to be economical. There are a lot of procedural hurdles, starting out with certifying the class and that a class-action is appropriate. These are expensive motions. If 40 units turn over every year and the lawsuit went back 4 years, which is probably as far back as the law woudl allow, 160 units X $500.00 each is only $80,000.00. You might find it difficult to find an attorney willing to take a case that small on a contingent-fee basis. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

Yes, the American Rule is that in a lawsuit, each side pays its own attorney fees, unless there is a contract or statute which allows attorney fees to the prevailing party. In California, Civil Code 1717 provides that if there is a contract which says one side is entitled to recover its attorney fees, then the prevailing party is entitled to recover its attorney fees from the non-prevailing party. It makes all one-sided attorney fees clauses reciprocal. You can ask, but the landlord does not have to agree. Even if it says only the landlord can recover attorney fees, if you win, the landlord will have to pay your attorney fees. If that is acceptable to you, then you can leave the issue alone. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

Sam is correct about partition. You also have another choice, an action for an accounting. Tenants-in-common have a right to their percentage shares of the income from a property rented to others. The owner collecting the rents can deduct reasonable expenses, but must account for the revenues collected and spent and pay you your share. This remedy is also available if you own the property as a corporation, limited partnership or limited liability company, but the right to distributions might be more complicated. An advantage of an accounting is that it does not result in selling the property or one of you buying out the other. The disadvantage is that you still both own the property together. Dana Sack  ... Read More

How long have you lived there? Some people do eventually pay off their 30 year loans. Lenders and loan brokers have been pushing 15 year and 20 year loans by offering lower interest rates. Maybe you had one of those. Ask the title company to look again. Do you remember when you last took out a loan on your home? If so, tell the title company. That might help. Missed payments can hurt your credit rating, raising the interest rate on your next loan or even making a new loan unavailable. If you appreciate this free advice, please remember to refer any of your friends or family who need assistance. Referrals are still our best source of new business. Do you have a living trust to avoid probate? Everyone should have one. Probate is expensive, takes too long, annoying, and unnecessary.  Please let me know if you would like to talk about it. Dana Sack... Read More

It is not the escrow company's fault.  There are a lot of questions a lawyer will need to ask and documents she or he will need to review before he or she will know how to answer your question. Are you partners in an actual partnership or just co-owners of the property? If you're partners, do you have a written partnership agreement? What does it say, if anything? If you are just co-owners and not partners, then the other owner is not liable for the loan and has not suffered any harm. If you fail to make payments and the lender forecloses, then there will be a lot of harm. If your co-owner forces the sale of the property and your share of the price is not enough to payoff the loan, then you will need to pay it off using your share PLUS additional cash of your own. As long as the other owner gets his share, he has not been damaged. He can force the sale of the property by "partition," unless you have a written agreement waiving that right. As you can see, this is complicated. You need to hire a lawyer. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

To rent a room on a short term rental via AirBnB or HomeAway, the terms of the rental are set by the platform. They are available on AirBnB and HomeAway's websites. If you are talking about leasing a house or apartment and then renting a room in it or all of it to others via AirBnB or HomeAway, AirBnB and HomeAway don't ask to see your lease. Most landlords include language in their leases that prohibit such subletting. If the landlord evicts you, that eviction will show up on your credit record. After that, some landlords will refuse to rent to you. I have heard anecdotal stories of employers who won't hire someone who has been evicted.  If you are thinking of leasing a home or apartment and using part of it or all of it for short-term rentals, I recommend discussing this with the landlord in advance and work out what the landlord will and will not allow. For example, if I were the landlord, I might allow you to rent a room, as long as you were also present. That way you would be there to inhibit, deter and stop any bad behavior, like smoking or loud noise.  If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

No. You cannot kick her out. Only the sheriff can do that. You must complete the eviction lawsuit. AFTER you get a judgment, then you can get a Writ of Possession which you take to the sheriff. You'll need to be there with someone who can open the door and replace the locks. These are tricky lawsuits. The law protects residents from losing their homes. Even the slightest technical mistake can result in the landlord having to start the whole 2-3 month process all over again. Even lawyers get caught missing a small detail. I don't recommend trying to do this yourself. If the tenant's possessions are still there, you can't just throw them away. You must post and mail a Notice of Abandonment and wait two weeks. You can move them to a secure storage place, but if the tenant does not claim them, then you will have paid to move them to the storage space, a month of rent for the storage space, and then the cost of either selling the property or hauling it to the transfer station. It might be cheaper to move the stuff into one room while you clean and repair the others, and wait the two weeks. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

You need to have a lawyer go through the contract, any amendments, the correspondence and emails, and the facts. Most real estate contract are long, with lots of conditions and deadlines. Sometimes a knowledgeable real estate lawyer may spot a defect or loophole. However, a court might not consider a minor breach to be sufficiently significant to justify forfeiting the buyer's right to buy the house. Courts often refuse to enforce a breach which is not material. Most real estate contracts include an attorney fees provision. So if you lose, you not only have paid your own attorney, but you're going to reimburse the other side for their legal fees. Double-or-nothing.  These cases are always complicated. You should see a lawyer. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

Negligence is probably not the standard a court would apply. Decisions of the HOA by its Board of Directors are governed by the "business judgement rule." Under that standard, HOA boards are allowed wide latitude in deciding what is the appropriate action, even if that action later turns out to be incorrect. This makes these tough cases. I would be happy to discuss this matter with you. Dana Sack  ... Read More

When is your next Board election? Convince some people you trust to run to be on the Board. The owners' best protection against bad board members is to elect good ones. It's not too soon to start recruiting and campaigning. Same for campaigning to remove any bad board members. Convince owners that one or more of them need to be removed, before you start an open public campaign to do so. Board meetings must be conducted live. They cannot be conducted by email or in writing. The board can approve resolutions by unanimous written consent, but such consent must be unanimous. If anyone wants to attend by phone, the system must allow everyone at the meeting to hear and speak to everyone on the phone, and must allow everyone on the phone to hear and speak to everyone at the meeting and everyone ele how is on the phone. Notice of the time and place of the meeting must be given. There must be a physical place, even if only one person and a phone are there, and it must be a place where everyone may attend. The place cannot be someone's unit with a phone, and not allow others to attend there. All business and decisions must be conducted at open meetings or by unanimous consent. The law does not allow any other procedures, except closed meetings regarding personnel issues, confidential negotiations and litigation, but even closed meetings mus be open to every director. If the other Board members are not complying, you might want to pay a lawyer to attend your next meeting. Preparing for it, getting there, and attending, will probably cost at least $1000.00. Dana Sack... Read More

It is possible that your own insurance or yoru tenant's insurance is supposed to pay you for the reparis and cleanup, and it is up to that insurance company to try to collect from the HOA, the upstairs neighbor, or their insurance companies, or give up. Don't give up your claim, unless they give you a written explanation of why the claim is not covered. Then you might send  your policy, the claim and the insurance company's rejection letter, to an attorney to make the inxurance company is not wrong. Insurance coverage is very complicated. Just because the insurance company's explanation of why it is not paying might sound reasonable, it is probably not correct. Everyone, including you, probably owes a share of the repair and cleanup costs. It does not sound like it should be 100% on anyone. That includes you, your tenant. the unit upstairs, any tenant there, and the HOA. Don't get in a fight with the HOA, unless there is a lot of money involved and an attorney who knows about HOA law reviews the situation and the documents and advises you that you are right. These are your neighbors. You have to live with them. They can make your life in the property unpleasant. At some point you may want to ask them for something, and you don't want to have burned them over something less important. Do you know any of the members of the HOA's Board of Directors, or do any of them live near you? I would start by telling your story to one or more of the directors.  Sart sending signed letters, not emails, and confirm conversations in signed letters, not emails. You can still scan them and email them as attachments, in order to get them to the recipients faster. Letters will make the Board suspect that you are setting them up for a lawsuit or even that there is a lawyer lurking in the background. Dana Sack... Read More