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I'm a member in good standing in a non CID HOA. The HOA is ignoring my request for information and documentation I'm entitled to. How can I sue to force action?
answered on May 11, 2024
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1. Only some authorized members of the association are allowed to demand to inspect or receive a copy of the membership list, books, records, or minutes.
When the authorized member makes a demand to inspect or receive a copy of the community... View More 
The main road that leads to my home and the other 4 homes on my HA has a totally different entrance from the rest of my HOA neighborhood community. Actually our main entrance belongs to a different HOA where other 500 homes are part of.
The dues that I pay I don’t get any benefit from it... View More
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answered on May 10, 2024
In this situation, there are a few potential options you can consider:
1. Review your CC&Rs (Covenants, Conditions, and Restrictions) and Bylaws: Carefully read through your HOA's governing documents to see if there are any provisions that address your situation or allow for... View More
The main road that leads to my home and the other 4 homes on my HA has a totally different entrance from the rest of my HOA neighborhood community. Actually our main entrance belongs to a different HOA where other 500 homes are part of.
The dues that I pay I don’t get any benefit from it... View More
answered on May 27, 2024
The rule change may be reversed by the affirmative vote of a majority of a quorum (more than 50%) of the members unless the declaration of bylaws calls for approval by a greater percentage.
A member's request to copy or inspect the membership list solely to call a special vote to... View More
The stipulation was that the seller was NOT to receive the funds without the deed and a clear title policy.
Unbeknownst to me , the court GAVE the seller the funds. I was NEVER notified or given so much as a receipt. I found out 7 months after the court (against its own order) gave the... View More
answered on May 10, 2024
It happens that in the court procedures, there are mistakes, errors, or misconduct by opposing party or court staff.
There can be different approaches to deal with these types of situations:
1. You can file a motion in the current court proceedings to set aside any transference or... View More
The stipulation was that the seller was NOT to receive the funds without the deed and a clear title policy.
Unbeknownst to me , the court GAVE the seller the funds. I was NEVER notified or given so much as a receipt. I found out 7 months after the court (against its own order) gave the... View More
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answered on May 9, 2024
Based on the information provided, it appears that the court may have acted improperly by releasing the funds to the seller without ensuring that the deed and clear title policy were provided to you, as stipulated in the court order. This situation raises several potential legal issues and you may... View More
Assuming that the water from the above hillside has a proper drain system, and water is not running on to the lower hillside property. In the event of a heavier than average rainy season, who is liable for integrity of the slope?
In this particular situation, the property of the slope is... View More
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answered on May 9, 2024
In California, the responsibility for maintaining the stability and integrity of a hillside generally falls on the property owner whose land the hillside is located on. This means that the lower homeowner, who owns the slope, is typically responsible for ensuring the hillside's stability and... View More
Assuming that the water from the above hillside has a proper drain system, and water is not running on to the lower hillside property. In the event of a heavier than average rainy season, who is liable for integrity of the slope?
In this particular situation, the property of the slope is... View More
answered on May 10, 2024
Thank you for your question!
There are different laws applicable for "surface water" vs. "watercourse."
I assume that there is no watercourse here because you did not mention existing of a fixed channel. All the discussion here is for surface water.
The... View More
What is the correct process and what documents/notices do I use in order to evict a former owner from property that I purchased in a tax default sale/auction located in Lassen County, CA? Also am I allowed to dispose of items left on the property as soon as I am notified as winner of... View More
answered on May 9, 2024
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For evicting a tenant, you need to go through the formal legal process of eviction. Self-help of the landlord is prohibited. You cannot throw away the tenant's property as soon as you win the property.
Also, there is a right of redemption... View More
What is the correct process and what documents/notices do I use in order to evict a former owner from property that I purchased in a tax default sale/auction located in Lassen County, CA? Also am I allowed to dispose of items left on the property as soon as I am notified as winner of... View More
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answered on May 9, 2024
In Lassen County, California, when you purchase a property through a tax default sale/auction, you become the new legal owner. However, you must follow the proper eviction process to remove the former owner from the property. Here's a general overview of the process:
1. Serve a 3-Day... View More
I have reason to believe that the person suing me uses fake names in contracts and lawsuits so as not to be held responsible if he loses a lawsuit or is sued.
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answered on May 8, 2024
In California, there are a few ways to challenge or require proof of the opposing party's identity in civil litigation:
1. Demurrer: If the plaintiff's identity is not clear from the complaint, the defendant can file a demurrer arguing that the complaint is uncertain or ambiguous.... View More
I have reason to believe that the person suing me uses fake names in contracts and lawsuits so as not to be held responsible if he loses a lawsuit or is sued.
answered on May 25, 2024
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In pleadings (initial responsive documents) or discovery, you can ask for the identity of the past.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you... View More
From the passage below has the realtor performed per the listing agreement simply by bringing together a willing buyer at listing price or, does the seller have to agree to the sale and terms for the agent to earn her commission?
1) If during the Listing Period, or any extension, Broker,... View More
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answered on May 8, 2024
Based on the passage you provided from the California realtor listing agreement, the realtor (broker) is entitled to their commission if they meet the following conditions:
1. During the listing period or any extension of the listing period, the broker, a cooperating broker, the seller, or... View More
From the passage below has the realtor performed per the listing agreement simply by bringing together a willing buyer at listing price or, does the seller have to agree to the sale and terms for the agent to earn her commission?
1) If during the Listing Period, or any extension, Broker,... View More
answered on May 8, 2024
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Each case needs to be evaluated with its own specificity to see if the agent/broker can collect commission after procuring a buyer under listing agreement.
In general it is possible for a broker/agent to recover their compensation fees if... View More
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answered on May 7, 2024
If you have received an FDIC certificate for BMO Bank National Association (Cert #16571), it means that your deposits with this bank are insured by the Federal Deposit Insurance Corporation (FDIC) up to the maximum amount allowed by law, which is currently $250,000 per depositor, per insured bank,... View More
Three elderly Joint Tenants own and live in a home together. They divide all expenses equally. One of the Joint Tenants is struggling with medical bills. The other two Joint Tenants are willing to help financially. Enter a third party who is offering to buy out the interest of the Joint Tenant by... View More
answered on May 7, 2024
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The joint tenants (JT) are legally allowed to sell their property.
There may be some ways to keep the property among the current JT.
1. Life estate:
Is a form of present interest in property that gives the right of use and... View More
Three elderly Joint Tenants own and live in a home together. They divide all expenses equally. One of the Joint Tenants is struggling with medical bills. The other two Joint Tenants are willing to help financially. Enter a third party who is offering to buy out the interest of the Joint Tenant by... View More
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answered on May 7, 2024
There are a few potential ways the two joint tenants could approach this situation to try to preserve their original intent under California law:
1. Loan Agreement: Instead of allowing a third party buyout, the two financially stable joint tenants could enter into a formal loan agreement to... View More
SCENARIO: Two friends purchase an investment home together (JTWROS). Friend A has the necessary funds for the down payment and closing costs, but has poor credit and insufficient income to qualify for a loan. Friend B has excellent credit but very little in the way of savings. After the close of... View More
answered on May 4, 2024
Friend B's options and potential defenses in this scenario would depend on various factors. Here are some potential options and defenses Friend B might consider:
Review the Original Agreement: Friend B should carefully review any agreements or contracts signed at the time of purchasing... View More
SCENARIO: Two friends purchase an investment home together (JTWROS). Friend A has the necessary funds for the down payment and closing costs, but has poor credit and insufficient income to qualify for a loan. Friend B has excellent credit but very little in the way of savings. After the close of... View More
answered on May 6, 2024
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Quiet title action
It is a remedy in the court of equity and it is about fairness. Intention of the parties at the time of obtaining the property is important.
Intention of the parties can be establish by parties testimony, and from facts... View More
SCENARIO: Two friends purchase an investment home together (JTWROS). Friend A has the necessary funds for the down payment and closing costs, but has poor credit and insufficient income to qualify for a loan. Friend B has excellent credit but very little in the way of savings. After the close of... View More
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answered on May 4, 2024
In this scenario, Friend B has several options to defend their ownership interest in the property. Here are some key points and potential defenses:
1. JTWROS (Joint Tenancy with Right of Survivorship): This type of ownership means that both friends have an equal and undivided interest in... View More
1) Tenant is on a month-to-month implied tenancy (for last 5 years) without any lease in Los Angeles County. The landlord (owner) intends to sell the property to a private buyer without listing it in the market for sale, so no showing to anybody. Prospective buyer also does not want to view the... View More
answered on May 7, 2024
Thank you for asking the question!
1. When the buyer assumes the lease:
If you don't want to evict the tenant, you likely do not need to provide notice in regards to selling the property.
However, as part of sale procedure, you need to inspect the property. Then a... View More
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