all the members to agree or is it just a majority that have to agree to become incorporated. Are the members of an unincorporate HOA legally obligated to pay annual dues? We are having issues with some members not paying their dues this year they seem to be misunderstanding their obligation to our... View More 
answered on Feb 27, 2023
The HOA covenants recorded in the county recorder's office require owners to pay their annual assessment. It does not matter whether the association is incorporated or not. The association can place liens on the home of any owner who does not pay. Use the Find a Lawyer tab to retain a local... View More
2003. We are a self managed HOA having 19 homes and for 19 years maintained the common area, provided yearly financial reports, filed our taxes, collected all dues every year, paid all expenses, kept yearly due amounts the same for over 5 years, communicated to homeowners on issues, even filed a... View More
answered on Feb 24, 2023
The HOA should have been incorporated as a non-profit corporation with the Ohio Secretary of State to implement the HOA covenants recorded in the real estate records. Without that, the HOA has been operating as an "unincorporated nonprofit association," which still has legal status as a... View More
My neighbor has a sump pump that drains out into their yard but borders mine. This has created a pond/swamp in the area and is quite large. This swamp makes it impossible to use part of my yard or even trim it. Also my driveway borders up against this area and has cracking and sinking in towards... View More
answered on Feb 21, 2023
Damage from normal water runoff does not give a claim. But if water is redirected or collected to send more runoff, then there can be a claim. Depending on the source of water into the sump, the slope of the land, and where the neighbor directed his sump discharge, you might have a claim for... View More
Fees have not seen an increase since 2017 and in the last 2 years, we will have had a 20% increase based on "budgetary needs". Is it required to have a membership vote to proceed?
answered on Feb 15, 2023
The HOA Declaration of Covenants and Restrictions specifies the process for the HOA to change the amount of the assessment and if a vote is required. Review the HOA Declaration for the requirements and talk to the HOA management company or the HOA board members.
The grantee had no knowledge that an inter vivos gift (by quit claim deed) was made and recorded by his sibling to him.
answered on Feb 8, 2023
If there is no environmental problem, title problem, lien, or other issue attached to the property and also possibly affecting the owner, the owner could just quit claim it back. But if the person whose name is now on record as owner wants that totally removed, it would require a Quiet Title... View More
Our HOA filed the Initial Articles of Incorporation with the Ohio Secretary of State but, I recently found out the Articles were canceled in 2010 as a Notice of Continued Existence was never filed. From what I gather, this is required to be filed every 5 years. Since 2010, I have paid my HOA dues.... View More
answered on Feb 8, 2023
The HOA still exists as an Ohio non-profit corporation unless it was cancelled by the Ohio Secretary of State. Failing to file the Notice of Continued Existence does not officially terminate it, and does not stop the obligation of homeowners to pay HOA assessments and dues. And even if cancelled,... View More
I purchased the home in 6/2022. I wasn’t aware that the gas and electric were separate companies until 9/2022 when the previous owner reached out and wanted reimbursed for paying the gas bill from 6/2022-9/2022. She paid it for three months before saying anything. Do I legally have to pay her back?
answered on Feb 2, 2023
The home sale contract that buyer and seller sign, typically specifies that seller must pay for utilities through the date of the closing of the sale, and afterward the buyer is responsible. You would have to pay only if she sues you, the court finds you liable, and enters a judgment against you... View More
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answered on Jan 17, 2023
If you are getting a divorce, the house is marital property no matter whose names are on the deed, loan, or mortgage.
Your spouse has an interest in the home, even if she paid nothing, and that interest will be divided in the divorce. Use the Find a Lawyer tab to retain a local attorney... View More
My father and mother purchased land in 1963 to build their home and the deed transferred to my mother in 2002 at my fathers death. There is a certificate of transfer on file but there is no volume and page number which the form requires. Can I reference the deed from 1963 that has a volume and page... View More
answered on Jan 17, 2023
If the certificate of transfer was recorded in the county recorder's office, the book/page recording reference will be in their on-line records or in their records. If it was not recorded, it must be recorded now. To be sure your TOD affidavit will be valid, use the Find a Lawyer tab to... View More
My ex-fiancée put zero money into purchasing the home. I sold my house and my credit got this currently. She has only paid half mortgage. Nothing else. No house bills, nothing. I only put her on the deed because we were going to marry. Turns out she used me to leave her parents house and had no... View More
answered on Jan 6, 2023
Once a person is added to the deed to a home, they have to agree to any transfer to remove their name. Without a written agreement with her in which she agreed to pay her share, you can't force her to pay anything on the mortgage or any other bills. You can offer her some amount of money to... View More
My great aunt signed a TOD deed on her home and my mother was the beneficiary. Later my great aunt signed another TOD deed with her neighbor as beneficiary, but then revoked the TOD deed to the neighbor several years later. Is the one to my mother still valid if it was never revoked? What if a... View More
answered on Dec 22, 2022
It depends on how each was worded and if they were properly executed and recorded. They would have to be reviewed by an attorney to give an accurate answer. A properly worded, executed, and recorded TOD affidavit would take precedence over a different designation in a will. Use the Find a Lawyer... View More
My great aunt signed a TOD deed on her home and my mother was the beneficiary. Later my great aunt signed another TOD deed with her neighbor as beneficiary, but then revoked the TOD deed to the neighbor several years later. Is the one to my mother still valid if it was never revoked? What if a... View More
answered on Dec 22, 2022
As a general rule, a new TOD designation affidavit revokes the old TOD designation affidavit , regardless of whether it says so on the new TOD designation affidavit or not.
Therefore, it is very possible that the property will go to the person named in the will.
Having said that,... View More
If I were to be in a partnership LLC, and my partner wants to transfer a property into the company, would that automatically affect his amount of ownership like an initial capital contribution would? Or is there a choice to not give over ownership for the contribution to the company
The... View More
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answered on Dec 22, 2022
This first question is "what does your operating agreement say about it?" If you don't have one, then the question becomes whether this is being transferred for value received, transferred without value, and why the transfer is being made.
If it is being made for value from... View More
Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... View More
answered on Nov 30, 2022
If grandmother, father and mother all have passed away, and their estates were not submitted to the probate court in the county in which each lived, and because they owned real estate, then that is a big mess that will require an attorney to help sort it all out by opening the estate of each with... View More
The other tennant is new and has a lease until July of 2023. If the new owner wants to live in one half are we the one's that will be forced out? Our 13 year old is in special classes in this school district as well as counseling. It took a whole year to set up these badly needed services.... View More
answered on Nov 22, 2022
Without a written lease, a tenant is in a risky position. A month-to-month tenancy can be terminated by either tenant or landlord at the end of any rental period (typically the end of the month) by giving at least 30 days notice in writing to the other. If landlord gives notice, and tenant does... View More
The buyer got a permit and hired a company to move it.
The company came and took the wrong trailer. They brought it back.
Then they called the buyer and told him that the trailer he bought was unsafe to move.
The trailer I sold to buyer is in better shape than the trailer... View More
answered on Nov 18, 2022
He would have to sue you for breach of contract or on some other basis such as fraud, and the judge would determine if you have to return the money. If there is no written contract or anything else in writing to confirm what was agreed between you both, that would make the court case more... View More
I took the keys on Friday November 11th around 3:30 pm and by Saturday the 12th at 11:00 am I told the property manager I wanted out of my lease. I signed a 12 month lease, and the place gives me severe anxiety to be in the unit, I haven’t moved all my belongings in yet, and I have 2 cats... View More
answered on Nov 15, 2022
A tenant can try to negotiate a lease termination with the landlord, but the landlord doesn't have to agree. The tenant wouldn't have a good basis for termination, unless a court finds tenant was not mentally competent to sign a lease. A tenant is not required to move in, but if tenant... View More
1. No notice given about late dues and or gate access being revoked. 2. There are two gates one is automatic which can only be opened by a gate access card or by a key fob whether you're entering or leaving as well. The other gate is chained and locked shut with no keys given to property... View More
answered on Nov 14, 2022
It is very unlikely that a judge would allow that. But you might need a judge to put that in writing. Use the Find a Lawyer tab to retain a local real estate attorney who can review the homeowner documents, contact the board on your behalf to demand access, and file in court if necessary.
Do both owners need to agree or just one? My husband says he is going to give the person written permission. Can I tell the person to leave?
answered on Oct 25, 2022
If you tell the person to leave, and they don't, the local police are not likely to do anything if your spouse says it is ok.
Each co-owner can use the property how they choose. If co-owners can't agree, then they can go to court, and a judge will decide. If unmarried co-owners... View More
But then my realtor told me that if the new home does not appraise for what the offer was
I still have to go through with the sell of my home. That leaves us without a home. Is this so
That I have to go through with the sell.
answered on Apr 18, 2024
Well it sounds like this might be the case, there's really no substitute by for investing in the time of an attorney to actually review the language of the agreement about what you're talking. It's the contract for sale of the home and your agreement with the realtor that's... View More
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