The term "proportionate" isn't defined in the act and therefore you would need to look to CC & R's of HOA itself. If it is not defined in the CC & R'rs then it would take the ordinary meaning in an HOA or industry context.

I hope this helps.

Wes

Hi,

You have the same rights as any other tenant who defaults on the lease. You could ask for a copy of the lease. Have you tried to do that?

Basically, if you are defaulting for payment, the Landlord has the right to evict you because you are breaching the contract. If the... View More

You would properly prepare, execute and acknowledge the deed and ancillary transfer forms required by the county clerk and then record them with the county clerk.

The purpose of title insurance is to guarantee you that the property is “free and clear”.

Yes. Your choice. You might want to call first and make certain they didn't leave them by mistake.

The short answer is yes. You can list anything that you own for sale. If you are going to give out seller disclosures, you will need to disclose the fact that there is pending litigation.

From this question, I am not even sure if you are the owner of the property. The answer is, an owner... View More

Great question. While it is true, you are not allowed to take the maximum exclusion amount of $250k you might be eligible for some exclusion amount. In order to qualify for some, the reason you moved (the move has to be 50 miles away or more) has to be due to some unforeseen circumstances such as... View More

The Utah code section you reference is a statute of limitations on written contracts. It says you cannot collect on a debt created through a written contract more than six years after that became do or the most recent payment was made. However, this statute limitations applies to unsecured debts.... View More

There's no easy answer to this question. Association Boards have discretion to determine a reasonable reserve policy. Although it depends upon what the Association's governing documents say, it is usually the Board's right and duty to determine how reserves should be funded. Your... View More

Contract law imposes a duty to mitigate damages. So if you breached the agreement then technically you are responsible to pay rent for the months that you said you would in the contract. However, if the property management company is able to "re-rent" the place quickly then this would... View More

I'm sorry for your loss.

Probate is probably unavailable at this time, due to the length of time since his passing. Instead, you will need to obtain an order determining heirs. Most probate attorneys in the county where he passed would be qualified to help you with that process.... View More

I am not sure if we are talking about two separate agreements. Are you asking if a Real Estate Purchase agreement is valid if the realtor fails to give the client a copy of the representation agreement? If that is the case then yes. The real estate purchase agreement will not be invalidated due... View More

Assuming he won't voluntarily leave when you request him to, you can pursue an unlawful detainer action against him, which is an expedited process which leads to a court order for him to get out. If he doesn't comply with that, law enforcement will assist you in removing him and his... View More

First off, the big difference between LLC's and S Corps are the way that they are taxed and the formalities that have to be observed. They both offer the same liability protection. Some attorneys may argue that LLC's are relatively new and because they are relatively new, the body of... View More

Take a look at the Utah Fit Premises Act, Utah Code 57-22. (You can find it through Google.) Also, check your city's ordinances; some cities provide more protection. Small claims court may be your best and only real option.

All of the parties should be motivated to move this along, assuming the seller wants to sell and the buyer (you) still want to buy. The complexity of resolving this type of dispute varies considerably based upon the type of property involved, and the jurisdiction(s) which have authority. Sometimes... View More

Unfortunately for you, no. Although, sellers will typically provide a "seller's disclosures" they are not legally obligated to do so. If they did provide a "seller's disclosures" and proactively said that they were not aware of any major changes to the neighborhood... View More

In New York at least there is legal recourse for fraud.

Who has title the house? Is it still in your mom's name? If so then you will need to file an action in probate called a determination of heirs (probably as the normal time to probate an estate has probably lapsed) in order to get a personal representative appointed who will then have the... View More

A landlord can serve a 3 day notice to pay or quit the day after the payment is due. If the tenant pays, they get to stay. If they don't then the landlord can start the eviction process.

I hope this helps.

Wes