Residential Real Estate Legal Questions

A "reasonable" amount of time.  Send her a letter letting her know that if she does not come to pick her stuff up, you will throw it out in a "reasonable" amount of time.  I think reasonable is 30-60 days.  Send the letter by certified mail so you have proof that you tried to reach her, and make a copy of it.  I recommend having an attorney send the letter.  I have written more on the effectiveness of letters from attorneys here: https://tpf.legal/demand-letter... Read More

Consider contacting an attorney and showing him or her your HOA rules and Covenants so they can review it themselves.  HOA's can be a pain to deal with, so I highly recommend having an attorney send them a letter and talk and negotiate with them on your behalf.  I have written on the effectiveness of demand letters here: https://tpf.legal/demand-letter... Read More

Maybe.  You always have the right to dispute and to challenge your landlord's bills, and if you do so, the burden is on your landlord to show why you owe the bill.  This can be done by comparing and contrasting the conditions of the property to how it was before and after you left.  And even so, your landlord can only charge for damages beyond ordinary wear and tear.  I think you should consider contacting an attorney to send a demand letter dispute the bill on your behalf.  Demand letters to landlords can be very effective.  I have written in much more detail on landlord/tenant demand letters at the following link: https://tpf.legal/demand-letter... Read More

If your uncle conveyed the property to your father in a deed identifying the uncle as grantor and your father as grantee, your father may have good title to the property.  Your question implies you have found a title defect but does not indicate a reason for that. You should obtain a title insurance commitment if your father is selling the property.  It will identify the title holder and any exceptions to title.  If it identifies your dad as the title holder with no exception relating to your uncle, you may not have a problem. If it identifies your uncle as title holder, then you will need an attorney to look at the document from your uncle to your dad and see where the problem arose and, based on that, what can be done to fix it. Randy Schipper... Read More

The answers to your questions will turn on the provisions of your master deed and the Michigan Condominium Act.  The master deed allocates responsibility for common elements. The association is responsible for general common elements but limited common elements, a category that usually included decks, are handled differently in different master deeds.  The master deed could have unit owners responsible for maintenance, repair and replacement of decks while giving the association substantial say in when and what has to be done. Two key points of the condo act: an association must have a reserve fund (although the minimum level is just 10% of the current annual budget), and mrr responsibilities allocated to the association cannot be shifted to unit owners without an amendment to the master deed with 2/3 approval of the members and of the first mortgage holders. A vote at an association meeting would not be effective for that. Randy Schipper... Read More

You are right.  You need to bring a coverage lawsuit against the insurance company.  If the matter is large enough, there are firms that do this on contingency.  Otherwise, you will need to pay a lawyer yourself.    I hope you had an adjuster at the time to prove the damages and the cause.... Read More

Good morning. The board of a condominium association must act in accordance with the applicable statute (i.e. 183A) and the condominium documents.  If the board is acting in violation of the same then you have a number of options.  First you could organize other like minded unit owners and remove and replace the board.  There may be a grievance process in the condominium documents that could help you.  Or you could file a complaint in court. Please feel free to contact me to discuss in more detail if and as needed. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com Tel: 401.490.0994 / Fax: 401.490.0945 *Our attorneys are admitted in RI, MA, CT and US District Court - RI and MA Nothing contained in this email shall be considered legal advise or establish an attorney – client relationship and no such relationship shall be established without a Client Legal Services Agreement signed by you and us. ... Read More

If you are current in payment, then there is nothing you can do.  I am not sure what you want to do.  If possible, try to refinance.  Rates are very low now.  If you are in default, you can get a modification of terms if you meet certain guidelines.  Speak to the bank about your options.... Read More