The HOA Board thinks that the HOA Board authority to make any rule if the CC&R says they can make rules. I think it means that the rule they are trying to enforce has to be in the CC&R
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answered on May 22, 2023
I am not licensed in your state but I read Idaho Code IC 55-3206(1) and I believe, in essence, it says that if someone is part of a homeowner's association (HOA) in Idaho the HOA cannot fine them unless their ability to do so is clearly written into the Covenants & Restrictions. And, if... View More 
Need to transfer real estate from intestate decedant to the Estate per Personal Representative
answered on Mar 30, 2023
In about 1976, the Idaho Legislature adopted the Uniform Probate Code. It is called a "uniform code" because all 50 states adopted it in some way or another. If you are the eldest son or the surviving descendent, what you'll need to do is to file for a "Small Estate... View More
Now that he's been convicted and incarcerated, do I need a lawyer to get a release or can I do this myself ?
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answered on Mar 2, 2023
Contact the Court Clerk that you put up as the Beneficiary of the Bond. If you made a private mortgage, then you can ask the mortgagee to release, but it may cost you money. Sometimes a Declaratory Judgment Action is needed to remove the Lien.
We sold our home March 2021. We approached the realtor who sold us our home about selling it. We told her the amount we needed to make from it and if she couldn't then we would go another route. She assured us she could. Here is the problem, she neglected to write in our contract that if the... View More
answered on Jan 2, 2023
You are correct in assuming that it IS your written "Listing Agreement," which governs the outcome of your lawsuit. You are unfortunate also, as because you are limited to the "written document," between you and the RE Agent, you will NOT be permitted to offer testimony on what... View More
a water meter installed a few months after they took over. The installer took my heat tape off the water pipe. Last week the installed assembly froze, now the land lord want's me to pay for the repair. The installer did not do quality work as relaiyed to me by the repairing plummer.
answered on Dec 28, 2022
The Idaho law on landlord/lessor law is that the lessor must provide you with water, power and heat. If the new owner wants to do away with the internet due to whatever reason, that's his prerogative. You should speak to the new park manager and document the damage to the assembly and ask... View More
I say purchase price plus equity/ % of contribution to down plus down is equitable
answered on Dec 10, 2022
Idaho has NO MORE common law marriages. Those were abolished more than 10 years ago. So this is more simple that community property law principles or even old, common law principles. Essentially you have a joint ownership situation. The departing partner is absolutely correct. He is owed 50% of... View More
We have a contingency that says, "The sale is contingent upon the seller entering into a contract to purchase a replacement property within 15 calendar days." This was on 10/31/22. Our agent is now saying we must terminate and pay 3% to seller and 3% to buyer. However, isn't this why... View More
answered on Nov 14, 2022
Your agent appears to be relying on a listing agreement that calls for her to be paid her commission even if the buyer she found is precluded from closing due to the contingency in the purchase contract. So there are two different contracts at issue. One is the "listing agreement" with... View More
I am trying to open and in home daycare. I have been approved to apply and just waiting for background check clearance and the inspections. I have also spoke with my city/county about local compliance and within my city and zoning I am permitted to run a family/group daycare residentially and... View More
answered on Oct 24, 2022
The short answer is "NO." If you will permit me to diverge. Idaho Law permits weapons to be carried without a permit, openly. A HOA might want to limit when patrons could carry weapons around. This would be an HOA decision. HOA or Home Owners' Associations, are throwbacks from... View More
Over nine months ago. Now I guess my adjuster quit and they closed my file even though my contractor was communicating back and forth with the adjuster that quit and they want to start over from square one and send a new adjuster over to evaluate the damage. Isn’t there a time limit on how long... View More
answered on Oct 24, 2022
"Bad faith," 2 words that lawyers enjoy bantering about and insurance companies loathe hearing. But, in Idaho, to show "bad faith," you must show that the insurance company's payment or treatment was "intentional" or based on gross negligence. Courts are fair... View More
CC&R Declarant had 'Pending' sale contract but defaulted to another buyer. No reference to original owner (grantor) knowing of CC&R's placed nor 2nd Buyer (dissolved 'Pending' sale agreement). If Title not 'conveyed' and no 'power of attorney'... can these CC&R's be legal?
answered on Mar 30, 2023
Yes. The CC&R's are not dependent upon any, individual sales of the subdivision which is subject to the CC&R's.
Neighboring owner is selling us 4.6 acres that attaches to our property.
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answered on Nov 23, 2022
If there is a Lien against the real property, then it remains despite any number of conveyances. It is not released because the lot becomes part of a larger tract.
I believe they are not assessing dues properly, misappropriating funds, in breach of contract for performance, and paying a bookkeeper that is incompetent inflated and unreported compensation.
answered on Oct 11, 2022
I really enjoy questions like this because I champion the rights of home owners in an HOA. An HOA is kind of like being in the mafia, but instead of being a "soldier," treated with some respect, you're treated with disrespect and ridicule. You should get a copy of the HOA's... View More
Party A excavates his lot in preparation for building a home. He violates state law by not providing written notice required by statute to Party B about intent to excavate, and remove lateral supporting soil at their mutual property line. After the damage is done, Party A sends Party B a letter... View More
answered on Mar 14, 2022
I think your question involves malpractice? If so, you should first consult the Idaho Rules of Professional Conduct: https://isb.idaho.gov/bar-counsel/irpc/ Look first at the lawyer's B's duty to his clients. Then look at the lawyer's B's duties when working with 3rd... View More
My step sister and I inherited a home (50/50) from our father, I want to sell my half. She lives in the home. She agrees with selling, but it's 2 years now and hasn't done anything moving forward. I just want my share of inheritance. What are my options?
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answered on Mar 14, 2022
Hire a competent ID attorney to do one or the other: draft a Deed with proper Derivation of Title Clause and you sell your tenancy in common interest for an agreed price actually paid over; or file suit for a Partition Sale.
How can i tell if my realtor/brokerage i was using is going after me? I have signed termination papers, a few months ago. And now they are bringing stuff up into my personal life as if they are coming after me.
answered on Mar 14, 2022
Okay, correct me if my recitation of facts is incorrect: you worked for a realtor? You quit, a few months ago? They are "coming after you," for something? And, they are using facts from your personal life to "come after you?" If these facts are correct, then this is my... View More
no leans on home and HOA approves of the shed and was built not knowing city requirements. it's only 5 ft longer and has existed for about 5 years with no issues in the backyard. Was built with boundary guidelines i.e. clearances from home and property line are fine. no plumming only has... View More
answered on Mar 1, 2022
You can always sell your home, to anyone you want to sell to. . . as long as the fact that your shop is not within the CC&R guidelines, or city "set back, boundary" restrictions. This would be a BAD fact to omit if you are selling your home. Because, whether you have the City coming... View More
If a real estate deal falls through, can the realtors you have say things to people about you? I had a real estate deal fall through and the realtor is saying horrible things about me now to a big social network we are all part of.
answered on Mar 1, 2022
While this is not per se illegal, it is unwise. By disclosing information on social media, the RE officer can "defame" you; that is, if the RE agent discloses her "opinion" of you, that's not objectionable, except to you personally. Every human being is judged, based on... View More
My home for 75000 with it still in my name. Prior to this I had it sold until landlord interfered and realtor eventually had to pull away because of his interface and she became scared of him and I have emails stating this. What can I do ? Cuz no one in my small town will help me.
answered on Feb 17, 2022
Let me make sure I understand your facts:
1. You owned a manufactured home and leased the land underneath it?
2. You offered to sell your M home but the ex landlord interfered with the sale of it and now the realtor you had won't list your property because she is now afraid... View More
A friend offered my family to live in his house because he is always on the road. We have now lived in said homes for 5 years and he offered on multiple occasions to sell us the home for 90k. We finally agreed, no that we are 3 weeks from closing he is saying that his ex wife will not re-sign the... View More
answered on Feb 17, 2022
Very interesting situation for sure. Here's what the law will say:
1. He had the right to sell you the property. Real property is "unique," that is, money won't remedy a breach. It's the only property on earth that you can actually force the sale of, as long as... View More
Is this normal or legal? Example. We have 8000 cleaning bill at the end for a 4000 sq ft home. Many line items have ended in results over going over without knowing any price of the worked that was performed until the bank draws. No estimates or nothing.
answered on Dec 27, 2021
Of course that can happen and often does. Do you need to be in on EVERY decision the General Contractor does, or did you hire him to make decisions about WHO to hire to do different parts of the project? Did you pay the General Contractor or does you contract with the GC, say that "despite... View More
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