it depends, for one thing, upon what company was granted the easement. And it would also depend upon when it was created. if, for example, a power company was granted a "utilities easement" in 1920, it is doubtful that the easement would include cable; although it might include...Read more »
So I'm buying this lot that is in a townhouse community. It is privately owned not by association. I called them up and they are planning on finishing devlopment once covid is over. But I would like to know, if they are allowed to build on my lot because it is in their community. But I do own... Read more »
I replaced my privacy fence a couple years ago with a type of fence that was perfectly acceptable at that time. Recently they changed the types of fences that were allowed and sent me a notice that I had to replace my fence with a new type within 30 days. I let them know a few months ago that I... Read more »
Did you get written approval to install the fence? Does the HOA documents require written approval for fences? Sometimes they rely on language which states you need permission for any exterior modification. Depending on how it is worded, some courts will find the language is too broad and vague,...Read more »
I currently live in a private gated community with a H.O.A. The title to my property states i have a rear building setback line of 23ft. I want to reduce this to 15ft. The H.O.A have stated it's my property to do with as i please if i submit architectural plan to the board for review. However... Read more »
Since you are writing from Fla., it is unlikely that a NC attorney will see your post, but even if an NC attorney would see it, he/she would be unlikely to know, off the top of his/her head, what that zoning category means because such zoning code numbers are unique to each local jurisdiction. You...Read more »
Construction project in front of the shopping center where my restaurant is located has been obstructing traffic to the point that during certain times of the day there is 1 lane width of an entrance meant to double as an exit, causing congestion and frustration for all patrons. We are unable to... Read more »
IMO, you are wasting your time complaining about road construction improvements ("progress") not controlled by either your city or your county government. The State of Florida, Department of Transportation has statutory authority to do whatever it thinks needs to be done when improving...Read more »
We have just brought a house in a HOA governed community in Tampa, Florida. We have a 2000 sqf backyard and have planted some Florida approved fruit trees like mango , banana as we wanted home grown food and for religious practices. We got a letter from HOA that we are not allowed to plant fruit... Read more »
The ARB documents/guidelines are valid restrictions adopted by the HOA. Whether or not you can claim a reasonable accommodation for religious practices is a fact-based question that requires the review of a lot of factors, which go beyond the scope of this website and require a review of all of...Read more »
My HOA owns the easement between my house and several neighbors. We all experienced flooding and property damage. We aren't allowed to touch it because they own it, but they refuse to make any repairs to the easement to ensure proper drainage.
It depends on the nature of the easement and who owns the property versus who is the easement holder. An easement holder has rights to use the property for a particular purpose, but does not own the land. For instance, if they have a utility easement, they likely have no responsibility for...Read more »
We are a mandatory HOA with properly recorded CC&R, Articles of Incorportation, and Bylaws. There is nothing listed in the Powers of the Board section that allows the Board, at its discretion, to waive the collection of any mandatory assessments. I was just appointed as treasurer and the... Read more »
If the operating restrictions, bylaws, and articles do not grant the Board such discretion and the HOA members and Board have not established such authority by vote and adoption of said provisions then yes, it is likely that a fiduciary duty to the association is being breached by the members of...Read more »
My property has a private dirt road, which is a right of way easement, for a landlocked property to the North. In 2015, a new property was built, on the lot to the West. The previous home owner gave this new household permission to connect, in exchange for road repairs. Consequently, my dirt... Read more »
If I understand what you're saying, an otherwise landlocked piece of property has a private access easement across your land, which easement is being used by another landowner without your permission. Yes, you may seek an injunction against their use of if, and perhaps require the easement...Read more »
Possibly. Did you know, or would a reasonable person in your shoes have known, that there was a substantial possibility that the tree could fall and damage the boat? If so, was the boat owner more negligent than you when the boat owner put the boat where the tree could fall on it?
Many golfers encroach on private property of homeowners imposing on their privacy and at times damaging property. How can we mitigate that? Fines? Civil Tickets? The course is owned by the City. Thank you.
First thing Monday morning, get on the phone or the internet and find a landlord tenant attorney in your town/county; hire him or her, and tell him/her what you want done. Then let the attorney work his or her magic. if it was me, and my tenant hadn't paid rent in 3 months and opened a flea...Read more »
I am leasing a residential property from a company. Someone made a complaint to the county that i am subletting. The county said i have seven days to fix the issue. I don't have anyone else living there. I receive no rent and all bills are in my name. I have friends stay the night often. How... Read more »
You post is vague as to whether you were issued a code enforcement citation with a fine and/or notice of hearing, or instead just some kind of warning, without any legal consequences at the moment. If you were issued a citation, immediately consult an attorney - meaning call a law office and...Read more »
I have a 125cc dirtbike that cannot go really fast. I live in a pretty laxed equestrian neighborhood. The roads are gravel with no line markings or anything, but isn't rural. I am very confused on the laws in my neighborhood. There is no sign that specifically targets golf carts, but a street... Read more »
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