Residential Real Estate Legal Questions

The fact that they moved the camera to be able to see into your house is deeply troubling. Have you documented this with police reports or any notices? Is the neighbor a renter or owner? While they have an absolute right to film anything affecting their home, NOTHING gives them the right to spy on you. Either way, an action for trespass or nuisance could be made against them but the police are the first line of defense in dealing with this. please answer the questions above so we can see the next steps forward.  ... Read More

You should hire an attorney to begin collections against non-paying members. In extreme cases, you can even foreclose on the property. It begins with sending proper notices. In most cases the HOA Agreement provides for the homeowner to have to pay the legal fees of the HOA in collecting or foreclosing on the property. If you are located in SE Michigan, feel free to be in touch. 248-353-5555... Read More

HOA's can run a surplus. The only limit is the reasonableness of the surpluse, if it is too excessive, a court might order the HOA to either lower its dues or refund back the overage it is keeping. Hard to prove but not impossible, the reasonableness will be seen in light of historical expenditures and the amount of cash being held. If your lien gets large enough and, after warnings, the HOA can foreclose on the property. You can still redeem after the foreclosure but all you will be doing is paying the HOA's lawyers a lot of money to collect from you.... Read More

Go to the California Registration & Tiling website and enter the mobile DecalNumber and see if this is within their authority. If yes, you can complete the registration change by filling out the online form. You will need the original registration and original certificate of title (and have a scannable version for upload as well). If there are any taxes outstanding, you must pay the taxes and get a certificate of tax clearance to also upload before you can submit your application.... Read More

The right to be able to do this depends on what the deeds and any Association documents say. Your group will want to have a real estate attorney (like me!) look at the relevant documents and advise your group if you have the legal ability to get an injunction enjoining the developer from doing this. The fact the current owners purchased their homes with the 55+ limit is key to asserting your rights here. I doubt you can succeed without legal counsel. Good luck to you and please be in touch if I can be of further assistance.... Read More

Forming an HOA requires the assistance of legal counsel. You will want the homeowners not the developer to draft the HOA Agreement. After 20 years the homeowners will want controling input on the rules under which they live. Also, after 20 years, to form the HOA will require close to unanimous consent from the fellow owners as the statute of limitations may apply. If our firm can be of assistance, please be in touch.... Read More

Condos are allowed to set bylaws. One would expect that, if the car got a flat tire or was unable to start that there woud be some grace period but many condo associations treat their fine system as a fundraiser and can be overly aggressive in fining residents. Always try to work it out with letters and attending a meeting or speaking to a board member.... Read More

Several thousand dollars sounds REALLY high. You always have a right to an accounting. Were the fines imposed during your lease term, or not? If they weren't, the owner has to pay, not you . Your lease will spell out your rights and who pays what. Don't rely on the property managers' accounting, make sure it is verified with the association.... Read More

Dear Lisa, It is hard for a roof to leak and the owner not know it. You have no real cause of action against the inspector because your damages are limited to the amount you paid them. Proving fraud on the broker is not easy. You definitely need to retain legal counsel to have any hope of recovering damages. Obviously, if it is a repair, that can be somewhat expensive, a new roof is very expensive. I hope this helps. Gilbert Borman... Read More

You are entitled to a Warranty Deed. While a quit claim transfers possession, a Warranty Deed gives the buyer title insurance and believe me, you want title insurance. Send the seller a note confirming the down payment and demand you close at a title company. demand an inspection with a right to cancel if the home fails inspection (or require the seller to fix). You can hire legal counsel to perfect your rights, the first question is if there is even an enforceable contract for sale.... Read More

your landlord sounds like a peach technically, the failure to provide water is serious violation of the lease and you are not obligated to pay rent until the issue is fixed and, if you give him warning, you can arrange to fix it yourself and deduct from rent (but you better be sure about the quality of the work!). the following questions as about other specific violations of Michigan law? did he give you receipt for your security deposit? did he tell you where he deposited the security deposit or give you proof of bond? is the property required to be registered as a rental where you live? if so, is it properly registered? each of these question go to whether the landlord has failed to comply with Michigan law.... Read More

Based on your facts you may have a claim against the contractor. You may be able to sue him for breach of contract, negligence, violations of NY General Business law, etc. I strongly suggest that you speak with an attorney to assist you with suing the contractor. Keep in mind that you need to move quickly. ... Read More

You have a very strong case for nuisance.  You can sue the tenant for her behavior and the landlord for not providing quiet enjoyment of the property as required by the lease. Please use your cell phone document the abuse. You need evidence. A few photos of different men coming over will establish the situation. Start with a letter to the Landlord cataloging the conditions at the property and tell him that if he fails to cure the situation within 14 days, you send him a notice of breach of the contract for lease. If they refuse to correct the situation, then you need to hire counsel and sue. Michigan law provides for attorney fees for certain situations.... Read More

Potentially, yes, liability might be found, given the cost of paint and signs is cheap compared to a destroyed car, it would make sense to do simple warnings.   If the association was my client, I would tell them the cost of the deductible from the first claim would be cheaper than paint and signage.... Read More