r/Legaladvice + r/JustnoHOA - WHY AM I STILL BEING REPORTED?!

g'day there guys it - main man Marky back at it again with our slash legal advice now if you love this video like I love you I want you to sit back relax Chuck a like on the video prone on the barbie and enjoy the contents posted by user favored the bold titled ten years ago I co-signed for a friend so he could get a federal education loan recently he has started becoming a delinquent with payments is there anything I can do like it says on the tin it hasn't reached a point where anything has been forced on me yet but I got a letter saying that he was fifteen days late then a couple weeks after the federal loan service called me and this is the first time they've done that the guy in question won't answer my texts anymore probably because I've made it clear he's not my friend anymore and I'm ticked is there any point at which I can take legal action against him he's probably only thirty days late at this points but I guess I'm actually worrying more about the future I know he has a job because he's a nurse so if they needed to garnish someone's wages I assume it would be his but is it possible I could be garnished as well also since we aren't really in contact anymore I have no idea if he still does have a job though I assume he would be getting unemployment if he lost his job and that at least could be garnished too right also I realized now I should never ever cosign for anyone and I never will again I was a youthful thirty year old at the time having come from a very sheltered home to my first job in the big city at that time really I lived at home until age 29 and he was one of my very first boyfriends we had already broken up by the time he asked for me to co-sign and he had assured me he would pay off the loan within a year because he was getting an inheritance for his grandmother's death and I knew he owned a house because he had inherited it from her I don't know if all of that was lies or if he just decided to use the money for something else when he got it whatever the case if I had known I'd still be on the hook ten years later there's no way I would have done it even as a naive thirty year old I live in Dallas Texas USA by co-signing you take full responsibility for the loan if the primary party him is unable to pay ask about a cosigner release refinancing the loan without you on it while there's no harm in asking the odds of getting either are so close to zero it's not even funny even in the unlikely scenario when the former friend would release Opie the bank would not accept removing a person that can pay to only leave a person that cannot pay responsible for the remaining loan balance unfortunately odds are that Opie may be stuck making the loan payments and their only remedy is to sue their former friend for the money they're out which given the person is already in financial trouble is unlikely to help much my cosigner is dead and the loan company is still being in us about the cosigner release I haven't missed a payments in nine years sorry to hear about your loss any idea why the bank is still hoping a deceased person may help pay your loan probably just keeping an option open so they can go after the estate's assets if they need to while theoretically possible it seems highly impractical since the loan is being paid and the estate will be settled leaving the lender with no recourse until owed payer that paid faithfully for nine years suddenly defaults but yes I can see how a lender would like a few more months of cosigner availability and Opie replies to this okay this is actually what I was asking about can I sue him if I have to pay the answer seems to be yes sir that's a positive he'll I was finally able to get him to respond to my texts today by threatening to call his job if he didn't respond he claims that he's looking into getting me off the loan and that he's working with fedloan to adjust his payments so that he can handle them impossible to tell if any of this is true but knowing I can sue him if I have to pay anything is a comfort can I use his texts to me about trying to get me off the loan as evidence that I shouldn't be responsible for the loan in small claims courts I'm not sure how much I care about the credit being affected currently my credit is not great because of my own mistakes a couple of years ago but I've been faithful the last two years trying to rebuild it and any missed payments don't help that cause but I can't say how much harm he's doing to someone with only fair credit right now the only way to get you off the loan if it's a federal loan which I'm guessing is a federal grant at the PLUS loan is if he consolidates thankfully there's no credit check for those so there's absolutely no reason he will be denied he can do it online at studentaid.gov you can help convince him to do it by telling him it will also lower his payments which it will do to the longer turn they will give him master bro says it is not only his loan by co-signing it it is your loan as well you are thirty days late on a loan you are passed you on a loan your credit will suffer if you do not pay the loan off your wages can be garnished this is what co-signing alone means you can pay the loan amounts and then sue him in small claims courts if there was some kind of agreement that he was going to take care of the loan simply not paying the loan because he said he would is not an option and will cause you to defaults people lie as you learned since I'm sorry that you have to deal with this but legally there is not much you can do other than pay your loan payments and sue your former friend for that money updates ten years ago I co-signed for a friend so he could get a federal education loan recently he started becoming delinquent with payments is there anything I can do and in case anyone wanted an updates I thought I'd share what happened is to my surprise he actually finally did get me off the loan by refinancing I was so sure he would never let me off the hook I actually tried getting him to come with me on Judge Judy because the producers pay a judgment if you win that turned out to be unnecessary why he chose this particular moments to finally get me off the thing why he didn't get my name off of there the first few times I mentioned it over a decade of time I have no idea I'm going to assume that insulting him and threatening to put in a complaint with a nursing board and his job did the trick fYI I did call fedloan to make sure he wasn't lying to me about it and the loan is already showing paid off on my credit reports may I never cross this motherf Ricker's path again location Dallas Texas posted by user Taylor gbbr titled neighbors reports my car to be towed every day despite having a permits sir I recently came back in college and I couldn't get a parking decal from my property managers office since they're closed I live in Fort Lauderdale however I was able to get into contact with someone and was given an online permit to prove that my car can legally park there this is an official permit that I paid for that doesn't expire until July 1st however my car gets towed every 2:00 a.m. and I have to pay the driver $60.00 every morning despite showing him my decal he says that although the decal is official the head of my HOA who lives in my neighborhood keeps reporting my car to get it towed and once he gets the order I have to pay him to get my car back as much as I hate to be this person I'm the only black person in my community and he has made it clear that he doesn't like my family living there and had always given us a hard time since he moved in three years ago my family has lived here for over 23 years is there anything I can do legally about this Thank You Duke beekeepers kid says read through the comments to glean your response first thing is the HOA must and in writing authorized the tour of a vehicle parked on the property without permission if a sign is posted the authorization must be made in writing if the tow truck driver doesn't have this on him when the car is hooked up it is theft additionally any rebate from the towing company to the property owner or agents is prohibited as per Broward Country rules 1 if you have a permit and the tow truck driver is attached to the car it is theft call the police and get a police report for every instance if the tow truck driver passes the blame to the head of the H away then have the H away guy charged as well but most importantly press for charges on the tow truck driver as a person the tow truck driver will talk to his people and his associates in the industry make sure he understands he's stealing the vehicle under the excuse the HOA once it's the permit implies permission and with that he cannot lawfully take the car to file a complaint about the towing company by calling this number or texting this number both the county complaint lines 3 reach out to all board of the HOA members and explained the he has made it clear that he doesn't like my fan living there and had always given us a hard time since he moved in three years ago with a video recorder in their face then mentioned that the federal courts in Reeves versus Carol's burg found that a condo or H away couldn't sit idly by while one of its owners was being attacked on the basis of her race this means the Association cannot ignore the problem while you're chatting with the HOA make sure it is understood that if the head of the HOA is going to continue with his harassing or retaliatory behaviors the HOA will be liable as he is acting as and for the HOA five get an attorney and have them take the H away and the tow company to court for illegally telling your car someone else asks how many days has this happened and how much money have you been forced to pay total people who know more than me ken Opie sue the HOA or the guy harassing them to get that money back Taylor gbbr says this happened five times so far and for a total of $300 small claims court will help recover that money but you need to first put a stop to this guy having your car towed you need to have whoever you spoke with regarding the parking permit / whoever is in charge of parking to speak with the towing company and let them know to ignore that dude get your money back from the HOA president in small claims not the tow driver since he called and he told the tow company to ignore your permits not only is the tow guy just doing his job aka not in the wrong but by having the HOA pay you make the president lose HOA money which you can then get the other Association members to harass him about at the next HOA meeting try to see if anyone else has the same permit situation is you but are not getting reported this will help build your case not a legal expert in any way but I would see if this could be filed as harassment also contact the person you used for the online permits towing company do have rules that they have to follow see with your city if his actions are legal did you ask the HOA not the tow truck driver why your car was towed despite into having a permits I'd have to ask my mother as I don't know much but I'll see if she did how would he know you the permit if it's not on your car and you haven't spoken to him about it last time I got towed I had the permit on the car but they still attempted to tow it I just don't think the tow driver cans it all about the permits they got called out and they want their money it's the guy reporting the car that needs to be spoken to that's what I figured I already have a bone to pick with that guy so I'm gonna go and talk to him about it today about all of this I assumed there is a printed-out copy on the dashboard if nots that's something that still should have been communicated between the person giving an online copy and the person reporting the car they should be in contact with each other our property manager simply said that they will know not to tow your car without the printed permit being on its I see now that it's clearly not the case feliks golden has a really good response here and says if this person is the president of the HOA or at least a board member he is in for a world of hurt ER and possibly the Association as a whole what you're describing is potentially a violation of the Fair Housing Act a federal law that among other things prevents discrimination on the basis of race color sex family status etc in housing among the various items that would qualify is the limiting of privileges services or facilities of a dwelling repeatedly having neutered could be considered denying you of a privilege afforded to you by living there and having a permits this could possibly be considered harassment instead or in addition to the depriving of privileges the property manager / management company works for the Association and in Florida a property manager must have an LCA M licensed licensed community association manager they can lose their license for allowing the association or members of the board to commit violations like this also when vehicles are towed at the request of the Association the tow truck driver must fill out paperwork with the details get the signature of a person from the Association authorized to order the tow and submit that to the police have they been doing this for every turn if they haven't this is highly illegal the amounts they are charging is actually low it is less than half of what they are allowed to buy Broward County's schedule of maximum tow fees and I don't know any tire company that doesn't want to charge as much as they are allowed if they have been submitting the paperwork to the police or at least have a copy of its you need to get a hold of those copies to see if this neighbor has signed it if it's all about the paperwork if there is no signature it's an illegal tow if he has signed it then that puts the association on the hook for potential discrimination I doubt the rest of the board members the property manager and especially all the other homeowners want to be associated with this type of claim and I would hope nots the Association is earned by all the homeowners and elect the board to run it on their behalf they generally don't like when board members cost them money on lawsuits but lawsuits can get expensive associations should have insurance to cover legal fees for actions by the board members and employees but if the action itself was not simply an error performed in good faith or an omission especially if malicious intent or illegal action is involved those policies may not necessarily apply and the Association would have to pay for the cost of defending that action and the individual board members can also be sued directly gets and keep together any copies of any paperwork including emails and other items from the property manager as well as toe slips and receipts print out everything that may only exist electronically speak to the property manager about the first also keep in mind that if you file an FHA complaints any retaliation is also considered a violation of the Act now RP does several edits that says edits thanks all for the help everyone I have no idea how to contact HOA or the property manager as my mother deals with them and every time the car was getting tired except the last time she was the one to catch them and pay I will be contacting the HOA with her when she gets home and will try and contact the property manager my neighbor is a dick and I will also be speaking to him personally when I get home if legal action needs to be taken we will definitely do sir thank you edits talks to the property manager and they said they rescinded my permits I asked them why and they said that they aren't doing theirs anymore I told them they never gave me any indication of that and they said they did not plan on giving me any notice at its final updates thank you everyone I honestly could not have expected to get this much help as of what happens next we plan on taking legal action mainly to get our money back and because it seems that what may have happened with the permits wasn't strictly legal I still need to talk personally with the HOA guy who conveniently doesn't answer his door when I knock but he has two big-ass dogs and will have to walk them eventually it seems the HOA tends to suck especially in South Florida thank you or wherever so flow is posted by user lesbi honest um punny titled I was filmed without my consent during a sex act by my ex his new girlfriend posted those videos online and by entire Instagram followers list got the video how to proceed so I'm using my sister's accounts to post this she understands reddit's I don't she will be checking for the post for updates for me I live in Canada they ex and his new girlfriend live in the US right now I have filed a police report in Canada but I don't know what else I can do to get this to stop and to have them charged the Canadian police don't seem to have many answers for me any advice would be helpful before they hide the evidence take as many screen shots as you can including any messages regarding the video between you and the other two parties you need to prove your case do you know what state they live in / posted from different states have different rules that might help you Indiana Indiana allows civil action for revenge porn I would try to find a revenge porn attorney if there aren't any specialized attorneys in the area call around reputable personal injury firms to get a consult on your case keep records of everything and do not contact your ex or is girlfriend moving forward also contact the police posting revenge porn is a misdemeanor if it's her second offense it's a felony I'm sorry that happens here are some resources for you while you pursue legal recourse they may also help you gain ideas the cyber civil rights initiative is five a lead Organization for victims of non-consensual pornography they offered her a 24/7 crisis line referrals to prayer burner and lo bono attorneys image removal guides tech policy work information about state and international law around NCP research on NCP etc the without my consent is similar to cyber civil rights initiative although they have now been folded into CCRI they offer a helpful something can be done guide for survivors of NCP and cool army is similar to the above but they also offer an online support group for NCP survivors posting revenge porn and making secret recordings of intimate acts that were made without your consent as strong grounds to pursue criminal and civil cases I read that he is now in Indiana but these acts have now been explicitly made illegal in many jurisdictions around the world since the postings were done on a social media site that social media site can be held responsible for being a party you can safely bring lawsuits against not only your ex and his current girlfriend but also seek damages from the medium that enabled these acts it's only a matter of retaining lawyers and filing cases your expenses will be covered and you will most likely win substantial amounts in compensation I would try and download the copy from any site you've seen it on they may be metadata in the file pointing to the exact location of upload or source say if it was an iPhone or geolocation time and date stamps for exact confirmation then I would contact the site administrator to see if they can take it down and provide any further info updates thank you all for the advice so far I totally understand why this was locked thank you for the explanation mods posted by user cavalry medic titled z-- WV hospital refusing wife to see newborn this is medicine and malpractice my wife went into labor at two thousand sixth of June 2020 it was a very difficult labor and ended with us almost losing the baby and having an emergency c-section which was terrible enough on its own after she came out of recovery from the c-section they are refusing us to access to the baby 12 hours later we still haven't seen her the aunts letting us see her because my wife is an employee of the hospital in the IDI and they want her to have a covered test before either of us are allowed to see the baby I'm not allowed to leave the recovery room at all to go anywhere no one is able to provide us any policy or any documentation that states that a non symptomatic mom has to be isolated from the infants until results are back now other mothers on the floor have been tested for covered or isolated from their infants also our infant has been isolated and not in the standard nursery my wife is extremely distraught she's already having nightmares because the c-section was so traumatic and now she is feeling inadequate and afraid the baby won't bond with her we are already in contact with her PhD a.m. to get therapy lined up do we have any legal recourse to ensure that this doesn't happen to anyone else sorry if this seems like incoherent rambling I'm still speaking from emotion so my logic may be shaky this is highly abnormal is the infant showing symptoms of covert you can start by talking to the hospital Ombudsman to try to get to the bottom of the issue but no the hospital cannot refuse you access to your child without a court order is the infant in the NICU does the child need ongoing medical care if he cannot work things out at the hospital you can consider leaving no one is symptomatic it was only prompted because my wife is an RN in the ER she's only treated to positive kerbed patients and that was over four weeks ago and she was wearing full PPE baby has not been in the NICU or any special monitoring they told us our only option was to sign out AMA but that left us in a hard place because it can compromise insurance payments I was also not allowed out of the room to do anything either I was not tested and it was not required that I be tested I guess I'm frustrated more than anything what happened to us is over and done I just really don't want anyone else to have to deal with this leaving AMA does not compromise insurance payments which is a common myth at all you can leave when you like and insurance will pay for bills up until the time you leave thank you for that information does this still apply if there is a complication after they leave the AMA there if a person leaves AMA and ends up back in the hospital for a complication related to the care they refused when they left AMA can insurance deny those further claims no no they can't people do stupid things all the time to hurt themselves those claims aren't denied neither is leaving the hospital before being discharged or waiting too long to go to the hospital or doctor and having a condition get much worse than it should or would have someone else says this sounds like some hospital administration garbage call you're obtained right now and tell him or her the situation that should get it sorted out if this happened to my patients I would be a firestorm on the phone other avenues are to demand to speak with a charge nurse social worker hospital administration the patient advocate or Ombudsman demand to see the policy they're referring to call the police and tell them your child is being withheld from you demand to speak to the on-call pediatrician demand to speak to the hospital legal department or risk management departments all of the above options have ways of being reached on the weekend and in an emergency and now updates we have possession of the baby now baby is latching and feeding however I don't want to just let this go I am 100% not okay with the way we were treated and I'm not just going to let it go because we have her now looking forward to see any further updates but there's your update for this one guys posted by user free Nexus titles in need of help 17 female being forced to stay with my dad for a month due to court order the judge refuses to listen to me or my little brother 14 and just doing everything in favor of my dad this is in Colorado so my parents divorced two to three years ago and it was pretty nasty and stressful divorce my dad is verbally abusive and has been physically and I hope only just to me it would be torture to me if he had done this to my brothers and sexually abusive in the past despite the efforts of me and my little brother sending multiple letters to the judge and begging my mum constantly to fight harder for us to stop going to his house the judge that works in the case keeps filing in my dad's favor according to my mum he yelled at her in courts and told her she was stupid for filing to restrict parenting time against my dad which she had done because my younger brother and I requested it's my dad has been lying in courts saying that my younger brother and I love it at his house and we're always excited to go however my dad refuses to get us basic everyday necessities toiletries clothes etc that he has been caught ordered to get for us he also ignores us all the time and provides no entertainments a couple of weeks ago he made us go over to his house for the weekend and alas he ignored us again I was stressed the entire weekend and when I found out that he was making no plans to return us to our mum I flipped he had told the police who had followed my mum to his house but he wasn't planning on returning us to the 15th and my mom hadn't been replying to his messages so he just went through with it without asking for an agreement I became overly stressed because I never even wanted to be there in the first place and there was some yelling back and forth it ended while my dad was on the phone with the police and my dad just pushed me into a flight of stairs and threw buckets that originally had my stuff in it at me he was holding me down and when he had pulled back his fists like he was going to punch me I pushed him away with my feet he told the police that I had assaulted him and he wanted to press charges to throw me in jail I had a panic attack in my room from the stress police didn't press charges but he had to return me to my mum's house until the next court dates which was yesterday the court is giving him a month of makeup time starting today and made an order saying that my brother and I are not allowed to testify in courts the cops have also told me to stop calling them because they think it's a waste of their time I'm afraid that my father is going to harm me and my little brother and make efforts to keep us away from a mum for as long as possible he also says rude things about my mum almost all the time and I don't want him to alienate my little brother what can i havnt een year-old do called Child Protective Services today you are being physically abused pushed to get yourself and your brother a guardian ad litem they will represent your interests in coins one of their first actions should be petitioning for a new judge since you're in Colorado here is the hotline information for the CPS you need to call and give information give dates if you can and if you took pictures of anything like bruises or have texts of verbal abuse mention that too you don't have to tell your dad that you called even if you reveal your identity when you make this call CPS has to keep the information confidential CPS is better equipped to deal with child abuse if something new happens after the interview year you can call again you've got some good advice here already but I wanted to ask have you been documenting the abuse at all photos of lack of supplies bruises journals kept documenting all the abuse if you haven't been writing down what's been happening I suggest starting now do you know the neighbors at your dad's would they have heard any of these attacks against you and vouch for you definitely start with a call to CPS I'm sorry you're dealing with this I only know one of the neighbors and it's an elderly woman who doesn't take too kindly to my dad I have pictures of some of the injuries that I've gotten and many recordings of my dad but the judge doesn't want to look at it good this is what CPS needs call them and tell them that you've been hurt in the past and that you don't feel safe and now updates so today I didn't have to go to his house he has a court order saying he has to pick up both me and my brother at the same time however despite this he tried to drag off just my little brother he grabbed him by the wrist and started physically dragging him I hit him once and he let go of my brother and started attacking me I have bruising my upper abdominal area from him punching me luckily we have security footage and I was sent to the ER to make sure I didn't have internal bleeding the hospital called CPS and my mom is going to call CPS and file for another motion to restrict parenting time submitting a copy of my discharge papers as evidence house we're about to close on flooded help hi I need some advice here my spouse and I are supposed to in a house on Monday Texas USA but now the house has flood damage because the seller hired incompetent people to move his washer and dryer which caused a massive flood in the house it damaged flooring in the laundry room entry and living room the seller ripped the baseboards as they were also flood damaged I should mention that we got a text from our realtor that said the seller wants to know if he can start taking out the flooring to which we said no because we wanted the flooring company we would hire to do that he did it anyway and he damaged a tile on the fireplace in the process additionally the seller had an estimate done for the new floors since the flood ruined them and has only agreed to give us $4,000 but the estimate is for over $5000 my spouse and I are feeling really stressed about all of this and we think we should back out because this house is not the same one we put an offer on because of the flood damage we would never have put an offer on this house in its current condition can we back out and still get our earnest money back did my time later chumps says yay you haven't closed so this is the sellers problem right now you need to talk to your realtor and find out how they are going to mitigate the damages the move is caused you should be able to walk away or push back the closing dates unless the seller fixes the problems to a reasonable level of satisfaction this could include pulling back and drying all the carpets etc talk to your realtor they have your interests in mind if we really need it contact the Texas Bar Association for a real estate referral the realtor does not have our interests in mind she has been unhelpful and seems to care about nothing but getting the sale she's honestly terrible my problem is I would have never put an offer on this house in this condition and I'm not comfortable signing until I have a licensed and bonded flood inspection reports done by the seller which I do not have right now if the realtor won't push the date back I am backing out and not signing but I don't want to lose my earnest money then don't close on the house don't sign anything talk to that agents manager if you need to here's a Texas bylaws thing you can check this and see if the realtor has any complaints against them as well the site wouldn't work for me unfortunately says it's having an issue connecting to the database so I can't check but that would have been great info to have if you haven't already try opening it in a few browsers on a laptop or desktop computer some of the taxes gov and related sites still work best in Internet Explorer of all things have a consultation with a real property attorney to review the contract they should be able to tell you exactly what steps to take to get your earnest money back and the money you spend for a consultation will be worth avoiding any missteps then fire your realtor and get one with your interests in mind but we're supposed to sign tomorrow don't sign why would you even be thinking about signing right now the flooding is the sellers problem as soon as you sign it becomes 100% yours you can always postpone the signing until you have time to fire your realtor and consult an attorney I'm saying I don't have time to get a lawyer then make time she can't physically grab your hand and make you sign don't get pushed over by this chat with a lawyer ASAP to see what you can do and if that means you don't sign yet then let that be their problem follow your lawyer's advice call several lawyers at 8 a.m. tomorrow morning and find the first willing to give an initial free 15 minute phone consultation follow their advice Robbie Thoreau says source I'm a licensed realtor good news you've not closed on the property nearly all contracts and use these days are developed in consultation and with the approval of the National Association of Realtors as such there will be a clause likely an inspection area of your contract saying the house must be delivered in the same or better condition as it was when the contract was agreed on please make sure read and highlight this section on your contract and take it to your Realtors supervising broker this is the person who was more or less the boss of your realtor ie their license is hung in and held by this office the house has been damaged you should be able to be released from the contract if the broker still refuses contact to the local area Board of Realtors and take this to the board presidents you should also contact an attorney who specializes in real estate law you can also lodge a complaint with the NA are the National Association of Realtors and their state equivalents I found it it's in the possession clause says exactly that seller gives buyer the property in present condition it's not in the condition we signed for in April so we appear to have a condition to walk and get our earnest money back but where we're at we think that if we get all the documentation of the repairs the seller did on the flooring and get a flood inspection report done we would be comfortable signing but all that is not going to happen by tomorrow which is why we need an extension fantastic I would contact the agents broker immediately explain the situation and ask them to send you an extension to sign if they refuse them you're well within your rights to walk she says she needs a couple hours so I guess she's working on that or knowing her she's busy trying to find a way to say no and try to force us into signing she has been the worst that's unfortunate I hate this side of Realty it's one of the reasons people see many of us as nothing more than used-car salesmen keep putting pressure on her and see her broker on any emails also it's not a bad idea to screenshot your texts best of luck definitely and thank you there's a good reason they only text and email her I do not trust her at all she has been so dishonest and she even yelled at me when she was frustrated that I was mad at the seller wouldn't give us more money to repair the flaws but I can't fire her at this point in the process yes you do have power talk to the broker her boss as the other poster has instructed you to and deal with them here on out algebra lover hang I said that intentionally wrong says make sure you get an independent inspector in there to be certain repairs were completed you need someone with a moisture meter to check the flooring wall etc it should be someone with experience in water damage remediation a friend was a seller in a situation like yours in their case they had to move out and a pipe burst two days before selling their insurance company covered the repairs updates I sincerely appreciate everyone's help and inputs I've never bought a house before so this flooding incident has stressed me out quite a lot I found the clause in our contract that states that the house must remain in present condition at the time of signing so I feel confident that we could back out if necessary and retain our earnest money additionally our realtor after days of us asking just now sent us the repair report from Stanley Steamer and it looks really good it was about $2,500 of repair and drying work done over three days so we're now feeling confidence that things were taking care of correctly and once we get the new floors in it will be okay I truly appreciate everyone's help still hate our realtor oh my god I would too posted by user chu chi minh titled x' rental agreement signed and deposit cents for 2-bedroom apartments just found out one of the bedrooms is locked by the owners hello reddit's I'm moving to a new city Alberta next month and will be renting a condo two weeks ago I signed the lease for a condo management company without going in person or sending a video of the place which was a big mistake because of covert 19 today I finally got the chance to video chat with the current tenants and found out that one of the bedrooms is locked by the owners and not available for use the original ad stated two bedrooms and I have emails with a condo management company that shows the ad however I realize now that the number of bedrooms is not stated anywhere on the lease agreements only the address of the suite is on there does this mean I have legal rights to the entire place I've reached out to the person at the condo management company and she says she's looking into it and it was her first time hearing this but I feel like they'll just chalk it up to inaccurate advertisements one of my options any advice would be much appreciated I'm moving in a month so hopefully there's enough time to sort this out thanks in advance duck diver says talk to the management company about either having the room made available or getting out of your lease too much hassle to deal with that the lease by giving the address and presumably by its language allows you access to the entire property but busting down the door and then moving all their stuff out is going to be a massive problem and the wrong move what a hassle just talk to the management company and see if that room isn't available for use you will not take possession of the units and will take action for breach the easiest remedy will be cancelling the lease it's unlikely the management company even knows of this so is this a 3-bedroom apartment and you'll only have access to two of them or was it advertised as two bedrooms but one is not available I'm not a lawyer but I've read here that in Canada it's a lot easier to evict a roommate than a tenant the owner / landlord could be reserving a bedroom for themselves because of this but if you need two bedrooms and the place functionally has only one it seems to me grounds to void the lease it's a two-bedroom apartment and only one is available but I still get my deposit there if I avoid the lease not a lawyer if they don't provide the whole apartment they are the ones breaking the lease unless the lease says otherwise renting a unit at an address means the whole units call the PT DRS on Tuesday and ask it's a service offered by the provincial government to mediate disagreements between landlords and tenants in my opinion you entered into the apartment expecting a two-bedroom Apartments meaning you expect to have two bedrooms the owner only intends for one bedroom to be available clearly there's no meeting of the minds and the contract should be voided you are entitled to your deposit back you may have to go through our TDRs to get them to return the deposit updates the condo manager got back to me apparently the owners are over and won't be able to open the locks room the unit was intended to only have one bedroom by the owners but the condo manager didn't know until today they have offered to give me my deposit back thanks everyone posted by user lollipop titles can my landlord make us pay $67 fee to pay rent online California Los Angeles area we have lived in this apartment complex going on the 4th year and it was recently sold to another company we received a letter stating that we had to pay online from this month on which is wonderful as its way easier than dropping it off however that is the only way we are allowed to pay and we are just now finding out that they're charging a $67 fee to do so as you can imagine rent is already astronomical is this legal can they actually force us to pay this way and pay online can we make them give us an address so we can mail it or drop it off we've been trying to contact the management company for 3 days first because the website doesn't even work and then because of the fee and they are not answering anything we can do apology is if this is a stupid question thanks LA on all of those systems that I have used if you pay with a card it charges you a ridiculous fee if you add your bank accounts and pay that way it is free have you checked that hey you were totally right thank you doing it by e check is free but the debt card is $67 we've been on the phone with the company for like 30 minutes Lowell major shout-out to you otherwise we would have been losing that extra sixty seven dollars every month I owe you a round of beers thank you so much you might consider creating a separate bank accounts to which you transfer the rent every month from your main account that way the landlord doesn't have access to all your money just that one bit of rent each month with the direct link to your account you're giving them very easy access to it it's not unheard of for them to try to take the rent money outs on the due date without you knowing until the money is gone we are going to open a different account to this week for this thanks so much well I'm not worried about them taking the rent out on the due dates I definitely do not want them to have access to the entire checking accounts we do plan to buy soon and when we leave I don't want them deciding they can just take out whatever they'd like during the moving out process I've never paid rent online before so this is totally new thank you very much for your insight if you are under an existing lease and it does not allow for charges like this then it comes out of your rents so if your rent is 1,200 you take out the service charge from that while opt figured it out in addition California requires a fee free form of payment I didn't know that got any links just for the future reference for my friends that might be in a similar situation thank you so much most Google results return covert related but this has stuff about how they must allow an option other than cash slash electronic and if you guys can find that one now I wish you the best of luck great article and it addresses exactly this issue thank you they also say that we did have a lease for the first year and then the last few years have been technically month-to-month and it's already been addressed but they put an update anyway update it's free if you're using an actual checking accounts and not the card associated with the checking accounts thanks to that user you saved us a grip of money thank you posted by user got a bumble my dude titles child-custody slash ICWA can I prevent the adoption of my infant nephew and have him placed in my custody hello all I would like to know if it would be possible to obtain custody of my deceased sister's infant child and prevent his adoption through the Indian Child Welfare Act for clarification my husband family and I are active members of the Kiowa tribe in Oklahoma and live within the tribal jurisdiction we regularly participates in events and have a member involved in governments two years ago my 14 year old sister ran away from home and earlier this month her boyfriend informed us that she had passed away from covert related pneumonia he also told us that he was putting her one-year-old baby boy up for adoption from the way he referred to my nephew it sounded as though he was not the biological father of the baby my husband our extended families and I would like to raise our nephew within our culture after two centuries of our native children being stolen and sold to white families or put into foster care and from what I understand the Indian Child Welfare Act is supposed to protect our right to retain our children however we may not be able to afford a lawyer for a drawn-out custody battle and I would like some opinions on whether it is likely we could win custody if ICWA could help and if certain information could push the odds in our favor thank you edits our tribe is federally recognized and my nephew qualifies as a member since our parents are full native one quart of blood court or edit number two we took everyone's advice and called my tribes icw program earlier this morning to give a brief rundown of our situation and we have a meeting planned for next two Wednesday we've also reached out to the boyfriend for further clarification my sister had been living with a couple in Oregon for nearly a year so it seems likely the baby was born there but when I asked about custody he became quite nasty and said that my nephew's adoption was already paid for usually Sonny says you and your tribe would have to legally intervene in the case and get in touch with social services start with your tribal governments just to supplement this under ICWA the tribe has the right to intervene at any time much case law interprets this as even after the trial is over the tribe has enormous discretion in these cases the same is not true for Opie as he does not qualify under that ICWA provision this doesn't mean he cannot intervene just that ICWA doesn't give as much to the individuals as two tribes Hopi says someone below mentions that chain of contacts may depend on whether my nephew has been put up for private adoption or taken by the States how would this affect the case ICWA is a federal law that applies to all Indian children regardless of whether they are in custody of a private adoption agency or of CPS and DFP s just to clarify why CWA applies in specific foster care termination or adoption proceedings ICWA does not always apply in all custody cases involving an Indian child's yes your rights when I said all I just meant that the applicability of ICWA isn't connected to particular agencies for example States versus private but I'm glad you chimed in to clarify the Shiba says private and dependency cases are treated the same under ICWA the tribe can intervene at any time and I believe if the child is eligible for enrollments or is an enrolled member of your tribe the tribe would have to be notified about the proceedings if the tribe has not been notified it might invalidate anything they've done legally thus far this is what happens in dependency cases at the very least hopefully your tribe will be willing to claim jurisdiction which they can do even if the cases jurisdiction is in another state bigger you hit the head on the nail the only thing I would supplement is that not only dependency cases will trigger ICWA protections cases like the current one also will require compliance with ICWA why go pants says assuming the boyfriend truthfully discloses the child's tribal affiliation the tribe will be notified of the adoption you need to talk to your tribal representative let them know you want the child the tribe has the right to intervene in the case at any time as long as the tribe agrees the child is an Indian child under the definition laid out under ICWA is your tribe federally recognized because if knights ICWA doesn't apply updates 25th of May I met with our icw representative in Ana donker and he says that we can prepare a case we won't be able to get birth records for a few weeks since all record lobbies near us a closed Judah Cove at 19 also those who asked private messaged me for names and locations to help locate my nephew in Oregon thank you but it would be irresponsible for me to give out that information especially the little information we have is tenuous at best I've been trying to reach the boyfriend for more information about the potential adoption and my nephew's location for the last few days but he has yet to go reply since our last conversation above I'm not sure what to do if he doesn't reply I'll try and keep this post updated but we were warned that we may have a couple long months ahead thank you everyone for your help and our next one I've already covered before but there is an update to it now by user parking spot help one 192 titled condo board is telling me as of June 5th the parking spot I own will be converted into a handicapped spots but there are no other parking spots available is this legal this started back in December I owned a parking spot that is right next to the three existing handicapped spots in my condo building I have paperwork that says I am the owner of the parking spot a five me and my wife inherited this condo from my mother in December apparently a new tenant moved in who requires a handicapped parking spots however our building already does not have enough parking for everyone for roughly a 100 units we have maybe 50 spots tops back then I was asked by the condo board if I was willing to give up my spot for these people who needed a handicapped spots I was ok with it until they explained there were no other available spots instead they wanted me to sign over my parking spot in exchange for nothing apparently in 2022 when the parking garage expansion will take place I will be the first on that list to receive one of the new spots until then apparently I'm [ __ ] out of luck since this is downtown Toronto where parking is extremely limited at that point both me and my wife refused to sign anything in February the condo board yet again tried to get me to sign paperwork and I refused they offered to pay for a spot for me roughly 10 blocks away at another building I told the condo board yet again I am NOT interested they have tried to guilt both me and my wife numerous times about this the tenant who needs the spot has approached me into my wife several times about how we are making her life a living hell in April the condo board during the board meeting thing put a vote asking for people to vote for the conversion of parking spots a five through to a seven to be converted into two handicapped parking spots the motion passed however neither me or the people in a six such a seven a budging so far today I received a letter stating that as of June 5th 2020 I will no longer be the owner of parking spot a five I didn't sign any paperwork and have told our condo board to pay off my questions are is this legal can the condo board take away our parking spot that we own and do we have any sort of legal alternatives just to clarify I'm not really trying to be a dick however these new people who moved in bought the unit fully knowing they were not buying a parking spots instead my understanding is they expect the apartment building is to provide them a handicap spot free of charge location to run to Ontario updates condo board is telling me as of June 5th the parking spot iron will be converted into a handicap spots but there are no other parking spots available is this legal thank you for all the advice we ended up talking to a lawyer on Tuesday and we paid him as small amounts to write a nicely worded letter indicating that our condo board had no right to do what they are doing the condo board has more or less agreed that they are in the wrong yeah screw them and will be pursuing other alternatives to create handicapped parking for this new owner today the owner who once the spots came to my door telling me that I need to move my car because as of today it belongs to her I explained to her what the condo board told me and she got very upset for now I am NOT going to move my car because I think she could be more of an issue than my condo board to answer a few questions I did offer the condo board an option to buy my spot for a stupidly high price of $200,000 and a guaranteed spot when they in Cree's parking space they are not interested I do in fact earn this parking spots it is owned by me and deeded to me there is no street parking and stopping in front of our building handicapped spots are actually owned and managed by the building the issue came to heads when the people who bought the condo had a verbal promise that there was available handicapped parking however not long after making that promise another tenant needed a handicapped parking spots due to him being stuck in a wheelchair so the spot ended up going to him the actual owner who is complaining about this actually owns a nine handicap spots however they'd refused to trade it because they have two vehicles their other vehicle is one of those specialized minivans for wheelchairs what are they doing complaining then Jesus finally the owner who has been making all of this fuss has been trying to take the condo board to court over this anyways thank you legal advice for your help why does the owner have two vehicles get rid of one its Ontario Toronto you can't just strong-arm someone out of a spot and then force them to take one ten blocks away dear Lord that is an ungodly amount of walking for one spot and you already earn your own what an [ __ ] actually screw them I don't care if they have a spare they have a specialized for an event that's all you need what's wrong with people s tbx is threatening me with getting sent to prison because I made a mistake on the taxes and may have stupidly or inadvertently committed a crime Florida every time I talk about leaving he says things such as he will crush every aspect of my life or he will make sure I can't be happy he will then text me a bunch of can we stop fighting texts later in the day I feel insane so sorry if this is jumbled in February we gonna w-2s and saw we were going to owe the IRS money first time in my life he then flips out and says he will file for a divorce because why is he going to pay them to be married to me he's a peach what we ended up not filing right away since why should the IRS get our money sooner than necessary fast forward to the height of the pandemic I work in a grocery store my brain is fudging fried between people being terrible and this man blowing up my friend with his insane accusations every day of had me having an affair because we were in a pandemic and my hours are longer as a grocery store employee I go home look at taxes again on the online program we use and it now says we are getting a refund I pick married filing jointly not thinking about it sign the electronic signatures as he has in the past years when he filed our taxes while I was at work I also decided to set up a bank account in my name only for it to be deposited into as this man has 20k at bank accounts that I didn't know about until after I signed a post new portal and I have zero in savings he had also gotten a 50k settlement from a car accident which he put 100 percent down on a new second car for himself I just wanted this money for me and I know it was crappy fast forward he logs into the tax software sees I'm getting a refund and flips when he sees that the money is going into a bank account he didn't know about I offered to give him half once the money comes in to be fair I thought I filed correctly but turns out his income was missing so I immediately corrected the IRS form and sent the money back to the IRS as tbx is telling me no I committed tax fraud as he has me on recording through our monitoring system that I offered to split the money with him attempting to make him an accessory I offered to split the money with him before I realized I made a mistake filing he also tells me I committed identity theft by signing his electronic signature he's signed mine before when he filled our taxes and theft from trying to steal his tax money I don't know what to do as he now lords the recording over my head and tells me he doesn't want our son to see me thrown in prison he is using it as one of his many threats to force me to stay and work on the relationship instead of a band my family sorry if this is jumbled I'm really tired fire away nobody is going to jail over a minor filing error you can relax you should stop communicating with him and start talking to divorce attorneys any issues with assets and tax refunds will be dealt with by the divorce settlement you've already solved the problem you're done there is nothing left to do at least with the taxes the divorce is a different story so it was identity theft or anything to sign electronically I had to put in a number I picked for me and him he is saying it was identity theft etc I am a CPA in the strictest terms you should not have signed for him but he will have an impossible time trying to get anyone to believe that it was identity theft and you corrected the issues this video and signing the document is totally a non-starter and means basically nothing if it was a serious crime more than half of married couples who filed taxes would be getting put in jail he can speculate he can also eat crap get a consultation with a divorce attorney just you and the attorney it shouldn't be expensive if it costs anything at all to have a simple chat with him about the basics and what you want to do to find an attorney contact any local attorney in your area they should be able to lead you to someone relevance or you can reach out to your local bar association for another referral get a divorce attorney let them go through it and they will help stop talking to your ex unless it's specifically about the kiddo might be time to start clicking the married filing separately button on this one as a tax accountant 2 prepares US and Canadian returns for people I can say I wouldn't worry about it at all people make mistakes on forms all the time and sending in adjustments is extremely common you would have to have actual intent to commit fraud and would have to theoretically try to take the money and just keep quiet about it for anything major to happen submitting the adjustment and paying the new balance is the solution to at least that problem so I guess my take on this is it just sounds like domestic violence or escalation to divest violence waiting to happen the husband knows that she's actually done nothing wrong he is just gaslighting her and I believe that I'm using this term correctly and that he's done so much wrong and hid so much from her in the past that he can just use this as leverage to continue to wail on his wife and I don't agree with that at all I personally I think she needs to get away from him or report something here because she seems like in a scary position here update to my soon-to-be ex and threatening me with tax fraud etc Florida so today after a verbal confrontation in my jobs parking lots my managers are going to have trespassing paperwork written up so he can not harass me or intimidate me I love them he called me saying that he put off having me arrested last week what an [ __ ] he also says I went to the police with all of my evidence and you were looking at four felony counts don't know what the fourth one was and I told the police to hold off for your sake because I don't want you to be handcuffed and arrested and humiliated at work the officer gave me a fist bump and told me a gut chip bro I said I'm calling an attorney and hung up on the phone he had what had you gave a fist bump through the phone spoke to my lawyer and he said and a kind redditor has messaged me privately with the same phrase trying to help me that he is just using emotional terrorism and I have to stop responding he said there is no way the police are going to take tax fraud evidence from a citizen to go and arrest a person especially that the tax situation was fixed and the IRS was paid back and the filing was already amended so hopefully that is done thank you everyone who helped to put my mind at ease a lot of people don't understand how hard it is to let go of the fear grip that emotional abusers have on you and how much panic and anxiety it causes absolutely and this was the logical conclusion that this one was going to come to if those conditions were met and I'm very happy that it did coming from me with no legal background besides a lawyer friends it's easy to see he was just being manipulative and that his accusations held no water and I'm there glad that it ended the way it did posted by user resident gain titled estranged husband overdosed after our last court dates being sued for wrongful death Illinois this is as convoluted and embarrassing as the title suggests I'll try to be concise 14th of March 2019 left husband after six years of documented physical abuse time slash date stamped screenshots photo and police reports copies of which I still possess 25th of March 2019 was granted no contact order pending disposition of felony domestic battery complaints 13th of September 2019 petitioned for divorce this case was continued pending disposition of criminal matter 19th of February 20 20 criminals manner was set for trial in April later that day husband takes fatal dose of fentanyl and what is ruled an accidental overdose 8th of March 2020 divorce case is dismissed certificate of death is attached to my position as opposed to his countersuits not sure if this is germane this morning was served a summons to appear in the wrongful death suit his sister is filed against me she is seeking 175 thousand dollars in damages which is coincidentally the amount of debt for which I have been liable had he won the divorce she alleges that I fabricated the abuse for the sole purpose of inflicting emotional harm and with the express intent of causing his relapse and suicide obviously this is all BS obviously I will respond I have a stack of documentation almost two inches thick in my file cabinets as well as digital copies MRIs and cat scans of a fractured orbital sockets discharge paperwork and photographs of second and third degree burns emails and text messages in which he threatens to hurt or kill me photos of ligature marks across my neck my question to you guys how on earth do I go about finding an attorney to represent me and how expensive is this going to be vague ballpark not actuals or anything close I guess I'm trying to figure out how tightly I need to guide my loins for the crapstorm head I literally just pulled myself out of a giant hole that I had to dig to get away from him safely and to get the mental health support that I needed I'm panicking that I will not be able to scrape together enough for a retainer and I'm going to have to fight pro se edits this is in Cook County Illinois added to I haven't turned back from my divorce attorney but I spoke with a friend last night who was a corporate litigator and is going to send me some referrals when I read him the text of her complaints he actually laughed out loud and said while my situation was unfortunate and I do need to retain counsel I shouldn't have anything to worry about because her claims are sir outlandish thanks for all your advice I will give an update once this is resolved don't you just love when the family comes after you as well in courts just to make matters a lot worse it's like it's not good enough that her brother is dead like now the sister has to come out and do it and that is absolutely disgusting you need to find an attorney with a civil practice with bonus points for family law experience if you are represented during the divorce your attorney there can probably refer you based on what you said this is a pretty safe case for you you obviously need to file an answer to avoid a defaults but I would be very surprised if this survives a motion to dismiss you might also check your homeowners policy to see if this accusation of wrongful death is covered and if they have a duty to defend thank you for your response I was being represented pro bono through a non-profit and I don't think qualify for their services anymore I did reach out for referrals there I'm mostly trying to stand my panic that I won't be able to afford representation and I'm going to screw up the paperwork somehow and being found in defaults what little savings I've been able to amass has been wiped out by covered related medical bills did your husband have any assets is there any chance there's money in the estate he ought to be inheriting no he had a hundred and seventy five thousand dollars in premarital students which coincidentally is what she or his estate is seeking and the firm representing her or its is the same firm that was representing him in both matters student debt does not continue after death in most cases and the federally backed student loans after debts private loans are still the responsibility of the estate's bane kill grind says reach out to them they might have an idea of who can help you if they don't have the mandates I did I just feel guilty for bothering now when I make too much money to qualify for their services domestic abuse incidents have skyrocketed since the shelter-in-place order you shouldn't this is what they are for it all matters likely part of their services is giving people advice even when they don't qualify and they likely have a bank of resources that they can easily share with you with little extra efforts not just bonus points for lawyer type it is very important to get a lawyer who specializes in the field your legal case and dispute is in also if he died before you were divorced / the divorce was finalized you may need to look into that estate stuff with a lawyer of course so a state / family lawyer of office who is both so they can check with each other even if you did fabricate the abuse claims there is an extremely tenuous link between you making false allegations against him and him overdosing on drugs he chose to use drugs and the overdose was an accident of his own making I see at most a very casual link between your actions and his death however a wrongful death claim requires more than a casual link that being said some jurisdictions not Illinois allow intentional infliction of emotional distress as a basis for a wrongful death action though the sister would have the burden of proving that you fabricated the claims you will want to consult with a civil defense attorney ASAP I really needed to hear this while I am most certainly not fabricating anything's he was a terrifying drunk as the pauli patched holes in my walls and broken furniture attest I didn't realize until this morning that I've been feeling guilty because she is right that I knew if I left he'd probably end up dead like many drug addicts that's part of why I stayed so long thank you so much for reminding me that I have nothing to feel guilty for and someone else says to that original comments kind of plaintiffs Estates assuming the sister has standing pursuant to a valid appointments by a probate courts and absolutely plead in iie d counts in addition to wrongful death and survivorship counts under Illinois law Illinois permits pleadings in the alternative and one set of facts need not to be the basis for another common negligence can serve as the basis for the WD claims plaintiff doesn't need to win at the pleading stage just plead a series of facts that could win consult with an attorney ASAP and edited for clarity for reference her rationale is that in addition to fabricating the abuse because I knew he had a history of drug abuse and suicidal threats and attempts I should have known that he would intentionally overdose if I left him and took our dog I'm sort of paraphrasing but the complaint specifically asserts that claim all right how ridiculous is that claim you can't just know for a fact that someone is going to overdose if you escaped abuse what is she living in Fantasyland what do I know I'm a dog says well I know if we can trust his legal advice but definitely seek out someone you can look up legal aid clinics is she being represented by an attorney litigating in Cook County is a different animal than anywhere else be sure to talk to an attorney before you file anything with the courts with the coronavirus orders in place the judges are incredibly liberal right now with the extensions but they usually are anyways this case sounds like BS but depending on if she is represented in my experience judges are reluctant to dismiss cases filed by reputable attorneys even if they seem like total BS if she is representing herself then it is much more likely that you get in and out with a simple motion to dismiss I am NOT giving you legal advice here just my experience practicing in Cook County she is being represented I thought it was the same firm that defended him but further research indicates it's a bankruptcy firm update sister-in-law suing 4wd after X's OD Cook County Illinois I was initially going to wait to update until I had completely resolved the matter but with court postponed until July I figured I'd go ahead in my original post I did not mention that I work for a synagogue and him in the process of becoming a rabbi because it did not feel germane at the time however an entire congregation learned of my situation in real-time because the process server rang my doorbell in the middle of me reading Torah during Shabbat services on zoom' by Saturday nights I had received several offers of pro bono representation interestingly because I refused to admit the unmasked stranger demanding entry to my residence he left the summons without me signing for it so there are now three distinct grounds for dismissal my attorney is also pursuing sanctions against her counselor I cannot adequately express my gratitude to those of you who commented on my original post you armed my prefrontal cortex with adequate ammunition to keep Miami delle amygdala at bay I suppose thank you will have to suffice stay safe be well and best wishes to you all now that is our slash I am very smart if I ever saw it posted by user sue what do we have here titled right-of-way through property WV I'm posting this on behalf of my dad who lives in West Virginia great song that one for some background in 2009 he bought a piece of property that's about 90 odd acres the land was relatively undeveloped save for a couple logging roads at the front entrance the land is roughly a trapezoidal shape with the most narrow portion being up against the road for about 100 yards the only clear entrance is there as the other three sides border on other properties when purchasing the property my dad had the survey updated and gathered a local terrain map after a lot of digging my dad found the owners of the surrounding properties four in total and contacted them to let them know about the purchase and the updated property lines the surveyors or who thoroughly marked everything with stinks and orange tags two of the properties are pretty much vacant or used for ATV trails the other two have homes on them over the years my dad has slowly worked on clearing ATV trails and whatnot and actually built a home that was finished in 2018 while clearing brush in 2015 ish he found a deer feeder and a game camera in an old hay field in the North corner he duct-taped signs to both saying to remove the feeder and camera or he will destroy them both the feeder and camera were moved about 20 yards but still within my dad's property since they were there my dad trashed the deer feeder it was a plastic homemade setup and pitched the camera a few weeks after the owner of the camera and a feeder a neighbor named John threatened my cousin with a handgun my cousin was there with permission from my dad in blaze orange riding the cleared trails on his ATV cousin called the cops for trespassing and the threats the cops removed to John and he spent the night in jail since then things have been extremely sour with John and his son who live on the adjacent property despite this we have evidence that John has been on and used my dad's property until my dad formally moved on the property in 2018 now to the meat of the problem John contacted my father informing him that he John will be filing for a right of way through the property once his home is built according to the information my dad had from the purchase John owns the property parallel to my dad's with access to the road while digging around my dad found that John separated his property in two last year early 2019 and saw the lower portion the piece adjacent to the road to his son does John have a leg to stand on my dad map get it guys my dad mapped out that right-of-way trail in the road would cut off the hay field and join to his private driveway 50 yards from his my dad's home he's done all this to have the privacy and seclusion and now someone is trying to put up a road right through the almost middle does West Virginia even have a right-of-way law for private property edits to link to head's lands that's right guys there's Microsoft Paint document here of the land what does it mean it looks like a weird kite to me there's got a question mark there I don't know what any of this is this is the Lang splits there doesn't make any sense to me but nonetheless I'm gonna keep it in the background the black at the bottom is the existing highway purple shape is dad's land with the dot being his home the red is roughly his private driveway blue is John's land with the green being the new lower portion to the Sun large blue circle is roughly John's build sites pink is owned with a home we don't know how big or where their access is the yellow and orange on the side of the ATV properties added to dad is now also concerned about his gait at the head of the property where the driveway meets the road it is a cattle gate that is locked with chained and padlocked John has already had the foundation done on his building sites given that he didn't come through the property to do this does that help my dad in any way not a lawyer but currently landlocked myself your dad is going to need an attorney if there was never a road or any recorded easement for John on your dad's title and John had access to his property via a road then split its leaving no access he landlocked himself a judge would most likely make him put the easement on his son's property where the former road and accesses your dad needs to keep the lock on his driveway gates and never let John use it's or he risks setting a precedent for a further easements the fact that he didn't need access to build his home is a strong argument in his favor but this is not DIY territory I'm not a lawyer I've had to deal with access into easements etc into my rural community John has no claim on your land the sale to his son should have included in easements to the landlocked portion presumably this is how he is accessing his land now of course he may try may be worth the peace of mind to have a law incentive a nice letter advising him to work out access issues with his son as you cannot help it's been a while since I've had property but if I remember correctly a landowner can actually land lock himself and doesn't acquire an easement by necessity over land he has conveyed to a third party if he had conveyed the lands log property to his son then the son would have quite an easement by necessity yes he should have included in easements but he didn't so he doesn't get a free one this doesn't actually bear on Opie's question since the landlocked pro states the division of Opie's dad's lands from John's and I'm gonna read this one just because I can can you go to your paint app and draw a picture of the layouts then upload to Inger and Link no need to make it pretty or anything we have a lot of love for crappie mspaint pictures here don't we ever I'm having a bit of trouble picturing the relative positions of the properties and where he would like the right-of-way is the light John lives on completely surrounded by other lights with no road access after selling half to his son how does he access the land now are the Lots developed with houses is there an accident right of way on the Assessors map like the logging trails added a pic a lot of it is guessed because I'm in Texas and going off pure memory in terms of property lines and maps to our knowledge John's new property has no other access the Lots are not heavily developed it's a one house per several acres sort of set up he doesn't need to access it now considering there is narrow home there at presents from what we gather he is still living in the sons home on the lower Lots I do not know about the Assessors map thanks that helps make a lot of sense of its I really like your choice of color and texture it really brings out the life in the picture I am seriously disappointed in the lack of excitement over your crappy mspaint but I digress congratulations to John he's officially an idiot absent an extant right-of-way and the fact he split his own property that had road access and landlocked and undeveloped Lots he screwed himself there is an extraordinarily low chance that he would prevail in court fighting to obtain use of your father's Lots I use extraordinarily low here because haha no isn't a very professional way to phrase it and technically there is always some chance of factors we don't know here to surface on top of the fact that it's generally not possible to decide to develop a landlocked property and decide that it and Jason's Lots has to give up land for access in a situation like this the expensive litigation that one would almost assuredly lose just for Speights is one of those don't cut off your nose when you're mad at your face type things in your father's position I'd probably just ignore him until he actually serves your father with a lawsuit trying to force the matter since it will cost him 10 K at least to retain an attorney willing to do it I put the chance of that happening in there ha ha no range of possibility as well but you never know most of us here wouldn't be employed if there weren't so many dim-witted and splenetic people out there best of luck they also saved from the RP there is no extant right of way on the Assessors map dad says logging was done but was limited to just the property using the main entrance and didn't expend more than 75 yards into the yard most of the overgrown ATV trails were done by locals and the adjacent ATV property the only Road on the survey at the time of purchase is now the private drive and I hope this fulfilled everything you guys were looking for there is not an update to this one but you got a crappy m/s painting out of it so give yourself a pat on the back we deserve this it was beautiful Thank You America titles HOA parking wars so I moved into a small gated townhouse community a year ago less than 40 units I never had issues with the HOA until two months ago when a new board was elected apparently they want to collect the vehicle information make model license plates and earn it info for all the cars in the neighborhood once we provide this information they'll give us decals for our cars so they can identify people who live in the neighborhood for guests will be provided with two guest parking hangtags and if you want more than two then you have to pay $25 per hangtag the guest parking hangtags will show the address of owners there is ample guest parking in the community however the board members feel that there are owners parking in the guest parking spots too often but like I said there is ample guest parking and I've seen this happen rarely the board also said the decals will help stop tailgating at the gate even though the decals have no ability to open the gates I'm assuming they think neighbors will prevent a car from entering if they don't see the neighborhood decal there is nothing in the CCR's and bylaws that required this information to be provided and rules about parking are clearly spelled out and includes nothing about this new policy quote unquote there was also no community variance on this issue and most owners have said that they feel like it's unnecessary I'm not even sure how they plan on storing our personal information once it's collected yeah just store it in some overseas account see maybe maybe sell a few tidbits here and there that sounds logical I don't feel like I need to identify myself or my vehicles in order to drive through my neighborhood and park at my house I also don't need the H away policing my guests and knowing each individual that comes to my home by listing out info on the hangtags lastly it's baffling that they placed a limit on the number of guests hangtags and requiring us to pay if we want more can they legally enforce this even though it's not in the bylaws considering the behavior of the board members I feel like this will lead to profiling and policing every car that comes into the neighborhood sounds like 1984 if you ask me they can try it all comes down to how far you're willing to challenge them I'm not a lawyer but based on what you've written without a vote to establish new rules and bylaws they likely would lose in courts go back and read all the bylaws and rules see if they went through procedure to create a new rule requiring this if so then you have to comply if not pointed out and notify everyone in the community and tell them outright you will not comply then be on the lookout for them to try to get it through properly yep I double-checked and they didn't go through the procedure the president stopped by my house yesterday to try and get my information and I told him we do not plan on complying once so what happens when you have a birthday party this is insane I know people complain in my neighborhood about cars parking and they're part of the street put up fliers on your neighbor's doors tell them that there was no rule according to your other comments and ask them to question the security of this information who will have access to it what stops a hacker from looking at it I had the exact same thoughts if I have a party that basically saying that I would need to buy hang tags for each additional guest vehicle why should we be forced to pay for my guest parking spots that are free to use on a first-come first-served basis I'm not even sure what they're using the money for once it's collected it's insane they can have uber just have them dropped off at the gate so they can walk the rest of the way sod off Myrtle get out of here definitely raise a stink obviously we're missing information but their proposed solution wouldn't actually fix anything what this almost sounds like is a local towing company contacted them to work out a deal car isn't sticky door tagged it gets tired type of thing you know the real question is why owners parking in guest parking do they earn spots suck do they have more cars than spots if they've got a badger in their ass that is the problem to solve our old condo association required our cars make model and tag numbers etc and we had resident stickers in our cars it wasn't too bad really since we did have towing and it saved you from getting your car towed by assets who delighted in finding a car that didn't have stickers or the Guest Pass displayed sir I definitely agree with your thoughts that someone is ramping up for hiring a towing company to troll the neighborhood no other reason to collect all that data suddenly without a tow truck what other reason do they have to know I didn't even think of this you probably right each owner has a driveway that can accommodate two cars I'm not sure why some choose to park in the visited spots but at most it's two to three people doing this in the neighborhood and honestly isn't a problem from my perspective I live in an apartment complex that required you to put down your information on your application they had a Terry service that would come through every night at midnight with a flashlight and their lights off with a spotter walking in front of the truck as they slowly idled down the parking lots and they would turn every single car that wasn't on the list my wife and I started running out there at nights and walking in front of them yelling at people screaming really loud that they going to tear your car they're going to tow your car oh my god that is so scummy of them but is that legal does anyone know if that's actually legal I have personal experience that I believe relates my HOA does what it wants until you sue them because they know the cost of a lawsuit deters many people in my case I'm trying to get them to correct an Americans with Disabilities Act violation although I am NOT disabled I would just have liked them to correct it before the HOA got sued since they wouldn't I sued them it does affect my units don't put a reminder on this though we're in the early stages the courts are closed and it normally takes about two years to get it adjusted anyway I have yet to see a plaintiff lose a lawsuit involving an ad a violation there just to clarify the guest parking is on their land and the streets are private not public rights because they don't get to say who can park on public streets there are just parking spots in various parts of the neighborhood some in near the mailbox area and there are some at the end of a few rows of townhouses I'm assuming it's public since they just spots in the neighborhood I'm not for sure though but all the spaces are clearly marked as guest parking posted by user Danny balls 79 titled can my HOA fined me for the time I didn't have my pet registered as a support animal my girlfriend and I've recently moved to a new condo with our two cats my HOA does not allow pets and the penalty is a $100 fine per day for each pet I plan on getting an ESA letter for my dog soon but my cats have been here for three to four months now without any registration if they ever find out can my HOA fined me for those three to four months during which my pets were not registered as emotional support animals not sure if this was the right place to post but any helpful guidance is appreciated if they've got proof probably yes but also you should get clarification that ESA s are allowed there's a world of difference between ESA s and service animals both in terms of training / responsibilities and legal protections I've done some research and from what I gather an ESA letter from a doctor should cover most legal issues with the landlord or HOA apparently there's some exceptions but if you've got a letter saying your pet is prescribed then you're technically protected under the Fair Housing Act and some other acts that I forgot law you're definitely right though and I will clarify with my HOA I just hope they don't decide to dig any deeper on the matter posted by user free-range feral titles looking for loopholes the HOA is controlled by the developer the bylaws registered with the state of Florida state that the owner of each lot is allowed one vote however the covenants not registered with the states declare that each undeveloped Lots earned by the developer is granted ten votes per I found conflicting info online some say that discrepancies between the bylaws and covenants err on the side of the covenants some say that the documents filled with a state are the final role which document is the supreme documents additionally we've discovered that beardy meetings as directed in both documents and the Bo D have not been advertised to residents and the beer D has made rulings on issues without the required notification or an amendment to the documents are we in the right to disregard Bo D decisions if the meeting was held without the required notification any board decision made at non properly noticed meeting need to post signage at least 48 hours in advance a 100% not valid as for the developer it would be helpful if he posted a snippet of the area that says they have ten votes per Lots that doesn't make sense to me I would need to read it rule of thumb for hierarchy is Dec articles by laws rules and regs I've seen the number of votes per Lots by the developer my last neighborhood had four per Lots until they opened phase two which went up to eight per lights then phase three in the final fourth phase was sixteen votes per Lots it basically maintains their control until they get to like the high ninety percent of the Lots sold off then they basically had done anyway right that's the current status the undeveloped lots are awarded additional votes in this situation the bylaws state the developer gets one vote per lights while the covenants award 10 votes per undeveloped lights I'm searching for a statute that declares which documents supersedes the other if the covenants rule supreme then the developer has granted 10 votes per Lots while if the bylaws rule supreme then the developer only has one vote per lights gotcha I missed that points I would think the bylaws superseded the covenants since it is the governing documents but I'm not a lawyer posted by user eight-bit curda titled HOA is trying to force us to put down unnecessary gravel in the front of our yards TL DR at the end we have an HOA in Arizona that is suddenly forcing us to put gravel in our front yard it started last year when suddenly new management came in they immediately started sending us letters about a non-compliance of their property specifications we had multiple emails back and forth because there is plenty of gravel in our yard they keep telling us that we need more gravel and that the handbook says that well how is it that for the 19 years of this house existing the previous owners into us never had any notices or issues with the HOA with gravel it's been the same thing as it was when the house was built in 2000 but as soon as the new management comes in they start penalizing us for not having enough gravel through their emails it kept getting clearer that they are really just trying to suck as much cash out of their residents as much as possible we've been charged seventy five dollars already because of it and worse they are pushing it even more during coronavirus where we are during quarantine and are trying to pull the funds together to survive regularly let alone afford a $1,500 cost in buying more gravel for our property they know that Corona is impacting all the families in our neighborhood and they are taking advantage of it by pushing fees on us we know it's not just us as all of our neighbors have also told us about the sudden new letters coming in about missing gravel or any other bullcrap that they seem to fit to scam us with what is our recourse for this and to not have to pay the fees or put down the gravel they can't seem to understand that we need at least a year to gather the funds we don't want to pursue lawyers because the costs but if we do is there a high chance that we have a good case against the HOA who is benefiting from these added demands the home owners association should be representing you and your neighbors and be comprised of a cross-section of homeowners in your neighborhood does the HOA president own the gravel company HOAs usually hold annual meetings did you attend the last one and what were the budgetary needs if you pay HOA fees it should cover basic common area maintenance if they're nickel and diming over fees for minor things maybe there's a bigger expense they're trying to find but they're not telling you about or maybe management is pocketing a commission for fines over violations the people that are benefiting are the ones forcing us to get gravel I'd be really suspicious of a relationship between any members of the HOA board and the company that provides and spreads that gravel also I find it very hard to believe that even the most stringent HOA actually quantified in their regulations how much gravel exactly is acceptable I would push back every time an email riding or some kind of written record to be provided with the clause of the HOA rules you're exactly violating prior to paying any find one in Doubt's spend the money you would have paid in fees and gravel on one well worded notice from a lawyer on an official letterhead of a law firm worked wonders for me RP doesn't really describe the contents of the letter summer monsoons are usually strong enough in Arizona to wash away gravel from yards those only occur a few times a year but a few times a year times 19 may result in a less than uniform allocation of gravel across the publicly visible yard and could also result in patches of dirt and gravel or just gravel sitting on top of dirt when the bylaws require an inch or two of gravel I too would be suspicious of whether a relationship with the gravel and landscaping company exists nonetheless an HOA is made up of homeowners have they been holding public meetings have you gone to any of these meetings have you voted in any HR way elections when you refer to management are you referring to a company hired by the HOA the meetings are public but very hard to get to they make it purposefully difficult to see how to participate why do HOAs even exist I've never heard of them outside of the US it seems madness to me to sign up to an organization into which you must pay money to be told how to decorate your own property if you're in a condo HOA isn't necessary for the administration and upkeep of commonly owned property in hypothesis it makes the neighborhood more attractive and thus raises property values this hypothesis has been disproven but few HOA members realize that they're intended to prevent terms in a neighborhood from falling into disrepair by having everyone adhere to the same rules in my experience many of those rules aren't quantitative and instead qualitative and subjective combine the vagueness with militaristic minded busybodies who think they will the position of influence and the result is an overbearing hand case in points my HOA attempted to force me to repaint our exterior simply because other homeowners decided to repaint theirs with different colors than they had originally their letter included the statute they claimed I was in violation of I replied using their statutes and the subjective words it employed to my benefits I never heard another peep about my paint posted by user gilligan's syrup titled Iowa my dad's house is serviced by a community well that is now owned by an HOA they want him to join the HOA to keep using the well does he have any defense my father owns a house in an area with a community well back in the 90s when he bought the land and had the house built the neighborhood was all supposed to be developed my father knew someone involved in the plans and bought a plots as soon as the opportunity came up meanwhile the well was put in by a well service and the way the contract worked the well service earns all the wells and lines however there was some drama with the development company and the rest of the development didn't end up happening at the time they eventually sold it all to a difference development company and that new company developed the block as an HOA neighborhood they asked my dad to join he said no it was never really an issue again until recently after the new area was developed the well company has always managed the well and bills people directly they pay a very small amount that covers the cost of maintaining the well as well extremely cheap dammit why is that funny apparently the well supervisor recently wanted to get out of the well biz but not a lot of well services want to earn the well well well well they want to service them on contracts but don't want to be the actual owners these days so they sold the well back to the HOA who now owns it and tied a new company to do the maintenance now here is a failure on our part my dad received notice in the mail about this from the HOA however they have sent him mail in the past that was not relevant to him so he thought the recent mailings were crap and ignored it so apparently there were three community meetings held about this that he did not attend they've left him voicemails but he admits that he listens to the first two seconds thought it was political spam and ignored it now they have finally gotten in touch with him that since the well is owned by the HOA they are treating it as an HOA benefits and they can't give those benefits to non-members they told him they understand that he doesn't want to be held to HOA covenants just to keep getting the same water he always heads but since the HOA is taking on the burden of the well they need to be fair to members and not have someone who isn't paying for HOA benefits receiving them it sounded exactly as slimy as it reads they are offering him a special allowance to join the HOA but not to be held to those covenants such as house colors and fences and all those other things but so he can use the well I don't know if they're being slimy and pulling a fast one without a legal basis or if my father should be legitimately concerned should he get a lawyer he should absolutely get a lawyer unfortunately that's all we can tell you you know water use rats are complicated and there's simply no way we can even begin to guess what legal options exist for your father here I will say that it's worth bracing for the possibility your father will need to drill his own well if he decides against joining the HOA the fact they sent multiple mailings and called strongly suggests they've already gone through the entire administrative process of what is in essence taking ownership and control of a water source there are notification requirements involved the letters would have informed him of his rights as to the method and process of how to intervene in a matter that would have required the HOA to continue providing water if I am correct in guessing this then his right to appeal or seek remedy may be considerably limited again this is 100 percent need an attorney territory we can't be of much use here I'm afraid best of luck angry stapler says just to chime in not an expert on legal specifics but I am a hydrogeologist typically installing wells will cost you 4 K Plus as it depends on the depth of the aqua fire from the ground surface forty to sixty dollars per foot drills also if wells are privately owned they may have rights to that aquifer from my understanding it's typically enforced by a minimum spacing between your new wells and theirs depending on your property you might not be able to even install a well based off its proximity I would defiantly look into it though as laws a difference between different provinces and States each says I'd expect more but I'd absolutely defer to you on that one I briefly looked into Iowa well depth average since so many people were suggesting just drill a new well so I could try to explain to them why that's not such an easy solution they seem to on average run 300 to 500 foot at an average cost on the higher end of the range although there are wells approaching 3,000 plus feet in some areas there is some at 100 feets which would be great assuming it's kosher to drill in Opie's land and so on I paid $8,000 for a well in 1995 ish and that was fun for what it's worth when there's a proximal well that withdraws or mid she really alters cost of water service they were usually statutory limitations placed on the well owner from enforcing restraint against someone who needs access this is one of those things that makes questions like Opie is impossible for us to get into as they're almost violently fact dependent not a lawyer but depending on the area even if they sent letters and cold it might not be enough to serve the required papers Opie's dad has no link with the HOA and a history of them trying to convince him to join so for the sake of his well being well being her he had no reason to open letters it might not be an excuse in every jurisdiction but an attorney could check if there is a requirement for these papers to be served by a process server or at least to be sent in registered mail once again the best bet would be contacting a lawyer about this I am a lawyer and there isn't a personal service requirements nor requirements to send satisfied mail for an administrative process of this nature in any jurisdiction that I am aware of the father not belonging to the HOA isn't relative to that effect not opening mail is not an excuse to not know what a letter contains I brought it up as it seems clear that the HOA made numerous attempts to communicate with the homeowner here which suggests that they've long since applied for and were approved of the transfer of usage rights from shared to privates that's a bell that can't be unrung and important to realize it's unlikely they'd put as much effort as they did into doing it without a really needing to or be making sure the law and requirements for notification process is followed to a tee people ignoring response requests of this nature are thorns in the side of the entities trying to complete the transfer and they will send someone to your house to let you know hey last opportunity here because of the expense of litigation when someone claims to have not been notified I'm not saying that it's impossible that notification requirements weren't met but it's almost assuredly not a failure of delivery all mate Bob Scott says realistically that special allowance sounds like a reasonable proposal the covenants and such of the main reason people don't want to join HOAs if they are letting him continue to have water without having to be subject to all of those restrictions that's a good thing let's say that the old well company sold to a new well company who just jacked up the prices why would that be any different that said private water systems are frequently regulated by the state and the state may dictate what rates are allowed to be so if the new rates are significantly higher than the old ones he might want to hire a lawyer to look into that or the thin edge of the wedge unless Opie's dad gets a decent lawyer to carefully negotiate that and its limits I foresee some a whole HOA board using it as a tool for harassment also I seriously doubt that they'd extend that allowance to the next owner of the house if it's put up for a sale unless Opie's dad's lawyer makes sure that's part of the deal sorry for the word salad guys I just thought that was all really interesting information if you guys do want more comments do tell me down below because there is so many more that I could read that is all amazing information updates my dad's house is serviced by a community well that is now owned by an HOA Heil I wanted to update on the outcome of this sorry it's honestly a pretty boring outcome no cool courtroom outbursts at all sadly it turns out that there were just some liars and it was never actually a legal problem in the first place my dad was just the victim of the HOA trying to scam him here is my original thread the summary is that my dad lives in a house served by a community well that is next to an HOA but my dad is not a part of it the HOA told my dad that they now are in the well and that he needs to join the H away and effectively pay them $800 a month to use the well service plus the actual water bill on top of it he did end up getting a lawyer to see him ASAP the lawyer told him the first thing he needed to do was get records of ownership for the well and try to get his hands on the details of the sale however after a couple of days he said he was having issues getting up-to-date records and was waiting to hear back from a contact at the county because he wasn't sure if kovat had delayed records filings or then my dad got a surprise a water bill from the original well-serviced are right on time for their three times a year billing obviously that's odd considering he's been told that they don't own the well anymore and he called them up it turns out who has just lied to the well servicer was never looking to get out of the well business permanently but rather was looking to contract out the day-to-day testing services of the well to another company because many of the wells they service now require more testing than they did years ago and they no longer have the manpower to do all of it themselves but they were not selling the well simply hiring an independent contractor to drive around and do well stuff all day during that time the HOA had asked them to attend an HOA meeting so residents could ask questions about things like filtration and they mentioned it at the meeting to let residents know that they would be seeing a new person going around doing testing and wanted to let them know because the testing involves taking samples from individual properties and they didn't want anyone to be freaked out so when the HOA told my dad they now owned the well they were just plain lying when the HOA said they had a new company doing the servicing they were half truthful a new company was doing the testing but the HOA had nothing to do with it the contract is between the original well servicer and the individual guy their contracting out to the original well servicer also told my dad that the HOA had reached out and informed them around the same time they were contacting my dad that they were taking over handling billing and that the well services should build the HOA for all properties and the HOA would then included in the HOA dues billing to streamline things for residents claiming that it would make their residents lives easier if only they had to keep track of one bill and not multiple however the HOA actually has no authority to just declare this and the well servicer just outright told them no they will continue to build individual properties the timing of this coincides with when they started contacting my dad so they were just trying to pull a fast one on everyone the well servicer is confident that the HOA has zero legal authority over the wealth situation and says they respected the HOA in an organizational capacity like calling meetings so residents could ask questions and were professionally annoyed with them trying to insert themselves into billing but they were not aware that the HOA was claiming to earn the well they told my dad that he should not give the HOA any money for water servicing or except water servicing related information from them in any way so going back arounds to the lawyer my dad got an appointment with the lawyer to tell him all this and the lawyer had his own news that matched up entirely the reason he wasn't finding up-to-date records following the supposin sale was because he doesn't believe a legitimate sale has happened he thinks my dad was just getting scammed so all in all my dad will continue to use the well as he always has he's pretty angry that he had to spend a bunch of money to find out what he already knew that this HOA is made of dicks but we are definitely breathing a sigh of relief meanwhile as for the HOA my father's lawyer has suggested that there may be room for legal action against the HOA reps for what was basically fraudulent claims my father doesn't want to spend the money pursuing it at this time but the well servicer did ask for copies of everything he received from the HOA because they want to review it with their own lawyer thanks to everyone who gave advice we're grateful for its and also for the fact that we didn't have to use most of it haha but I will add that it was good advice nonetheless even if it was wide soup white pasta word ravioli time for you guys to see what Marquis is up to in the outro screen never ever again will I ever live somewhere that's managed by an HOA so this is the second complex we've lived at over the years that's been managed by an H away we're renters fortunately so we can eventually leave and move to a non HOA managed residence in the future with relative ease but these are the things that bothered me the most about this particular HOA the complex we live in is a 100 home PUD beautiful park-like grounds but very provincial suburban neighbors we don't like this aspect that's managed by an HOA comprised of board members who are homeowners here but it's mainly managed by an off-site corporate HOA representative who really sucks who hasn't out of sight out of mind attitude she doesn't live young so to her it's just another job often times it's hard to get a response from her as she manages other places and is overextended we have known the HOA to be essentially ineffective and very slow to action currently the HOA isn't setting the tone for safety in the time of kovat at this complex while we understand that they can't enforce calm a squaring and social distancing ordinances they could send out notifications as it stands now there isn't much social distancing being practiced and kids from different households hang out together for hours unmasked sad kids also seem to not receive any guidance from parents so they will not move out of the way on the public pathways when they see someone coming it seems to be a universal truth that HOAs are inefficient bureaucratic entities that take more than they give and that is certainly the case with the one we have to deal with the current issue is that they want to prune the trees months earlier than they normally would right in the middle of baby bird season we've noticed that they currently use a tree trimming service that is really bad at their job and butchers the hell out of trees I'm a tree person and this really irks me in other words they went with the lowest bidder which is very typical as renters we've not been able to find any type of satisfactory recourse regarding the village alcoholic that lives across the field from us he likes to play frisbee golf along the pathway which runs right next to the side of our house and as he gets more drunk he sounds like a deranged crackhead yelling and screaming I am not exaggerating since he is a longtime homeowner and his friends with the people on the board they look the other way and have probably tossed out legitimate complaints against him being a major nuisance of course I'm sure that if someone carried on like that outside of their living room there would be hell to pay the HOA this has to deal with being based on an inefficient bureaucratic model is unable to adapt to changing circumstances and is by definition exclusionary as they won't let long-term renters like one of us to sit on the board even if you have the ability to provide helpful excellent feedback to help make the community better for everyone thus it is undemocratic we are still here because of the financial reasons which isn't an uncommon scenario for most people these days but I swear that this will be the last time I ever deal with an HOA I really don't think it's HOA territory to enforce any kind of covert restrictions except maybe close the community gym and pool it's definitely not their responsibility to manage residents who drink too much call the cops for that vetting a tree groomer is something they should do attend the meetings and voice your displeasure really it just sounds like you want to more strict and controlling H away I'll pass as long as they pay the bills and keep the Common Spaces from falling apart I'm happy they have no business telling my kids they can't play outside with their friends beautiful park-like grounds but very provincial suburban neighbors we don't like this aspect can't help but loll at this after reading the quranic' list of complaints rights if the park-like grounds are so beautiful then their landscaping company is probably doing a pretty good job already Opie is picky about his trees being good at mowing and weed eating is not the same as being a trained arborist who knows how to trim each different kind of tree to maximize its health and beauty just like knowing how to give a dog a bath doesn't magically teach you not to shave dogs with under coats because it messes them up when they grow back this is a new one for this sub you're basically complaining that the HOA isn't militant enough for your liking they're allowing children of different households to play together this person is like the exact opposite of everything people in a sub hate about HOAs I think we found sidewalk Susan oh my god if you just looked it up on YouTube it's that woman I know if he can even call her that at this point just spraying down the chalk on the sidewalk no happiness no fun go away these are not HOA issues the management company and Boyd can only enforce the HOA rules if someone is causing a disturbance for being drunk then call the police they also have no authority to enforce social distancing is this the kind of control you really want an HOA to have yeah if the person was being loud the police wouldn't even come to my age away private roads and stuff you know they would just say to complain to the HOA sounds like a police department issue then police fire and ambulances have 100% access to private roads and have a special code to get into gated communities if the police refused to enforce the rules regarding public disturbances how in the world is HOA board comprised of private citizens supposed to enforce it and would you really want the HOA to have that kind of power in your life they already have a huge impact on daily life why give them more power an HOA of 100 homes doesn't need an on-site manager and likely can't afford one a manager should never live in a community that she manages it's a terrible conflict of interests and people would be knocking on her door 24/7 HOAs are always slow to action getting anything done takes meetings and discussions and more meetings and two months of back and forth questions and a meeting to vote on whatever was finally agreed to after the back-and-forth you're drunk neighbor has nothing to do with you being a renter HOAs can only employs civil remedies they might be able to send a letter to your neighbor maybe find him if your documents allow fines that is and maybe even file a lawsuit it's time-consuming and very expensive but they can't make him stop drinking and going outside any more than grocery stores can make people put their carts back this is an inconsiderate world any public drunkenness is a police matter anyway as a renter you are not a member of the Association the governing documents may not allow non-members to serve on the board amending the governing documents is only slightly less difficult than amending the Constitution so yes it's hard for HOAs to adapt why not make it suggestion about the tree how do you know they went with the lowest bidder and even if they did that may be what the majority of the Jews paying owners which you were not once very good questions for Karen or sidewalk Susan as we're now applying to her she didn't respond to anything so gah why are you ignoring us sidewalk Susan are you scared are you scared of me sidewalk Susan unexposed is by user paleontologists okay fifty sixty titles property manager kicked out my contractors what would you do I'll elaborate on the subject line my first homeowner experience has been at a condominium association and it's been one hell of a nightmare I've been through it all started as the clueless one who had no idea what he was signing up for been disgusted with the state of things ran for the board to change it got on the board so the same issue continued and when I stood up against them lost my board seats finally I've realized there is no saving the place and moved out prepping the place for sale my condo is a townhome in a complex with many traditional condominiums in a high-rise we are all held to the same rules despite the fact that townhome units are much easier to access and we share the same parking area with assigned parking spaces for each units my unit suffered some water damage due to the negligence of the condo association but my attorney just couldn't do anything about it or so it seems the case has been sitting for over a year it seems my best course of action was to move out and have some internal repairs made unfortunately for me covert 19 came into play and the board and property manager found a new opportunity to make up crap per our bylaws in channel works in a condo is permitted so long as we have adequate insurance for the contractors the contractors can't work in ele at the 9:00 a.m. or later than 5:00 p.m. all work on Sundays as long as the work is internal to a units the architectural board has no say unfortunately the current board seems to ignore this and their lackeys do as well as the covert 19 crisis started it was announced that no contractors would be allowed in at the time I couldn't get any contractors willing to work sir no big deal I finally got some with the adequate insurance and they allow the men sort of now we're expected to submit everything through a portal wait back for approval and there's a waiting list no more than three units at a time can have contractors working on them none of this is in the bylaws my attorney even pointed out that health and safety as a power slash responsibility of the HOA is a slippery slope they shouldn't want to be involved in but they are also keep in mind what I said about rules applying to the whole complex that don't make sense for all units people can enter and leave my unit without stepping foot in an enclosed common area unlike the high-rise units I decided it was best to just get this done without raising a fuss so I got the insurance proof in hand and let the contractors in I'm not living there so they can park in my parking space of course someone noticed the property manager told them to leave or he would tow their vehicle he then made all nicey-nice and said that all I had to do was submit some paperwork he would approve it and they could be let back in he then went on to say he would disable the gate access token that I had given them to ensure that they can't come back I filled out some paperwork but I've not heard a response I highly doubt the prompt turnaround mentioned in the above a conversation will come to pass I've yet to deal with the property manager at this place that isn't a two-faced lying piece of crap but maybe this one won't be I don't have high hopes so what would you do this isn't a can they do this kind of post my own understanding is that they have no right to tell my contractors to leave to tow or threaten to tear cars in my spots I am fully paid up on my Jews and have never been behind or that someone can't be working in my units I also don't think they have a right to disable my access token I've not checked but I strongly suspect all of my tokens are disabled effectively barring me from entry they've done all these things anyway because I guess they know you can't do anything about it except execute a long drawn-out legal battle if you're looking to sell soon that's obviously not something you're going to do if you cannot get in with your token call the cops you still own the place and it's normally illegal to stop you from going into your property first thing is get a lawyer who deals with HOAs regular lawyers get lost in the paperwork I'll consider the cops option but who knows how they will respond in this city as for the attorneys well my attorney claims their firm does deal with HOAs I learned from being on the board and through reading up here and in other places even all HOA attorneys are not created equal the sad fact is a homeowner will almost always be outgunned against an HOA firms that defend HOAs are able to do that and only that so they know that part of the law well there are a few lawyers that are specialized in dealing with HOAs and likely none that make it their entire practice area if you don't want to be outgunned look at big law as an option but it will cost you the major firms have near unlimited resources for which you will pay but you will outgun the HOA if there is a settlement conference the HOA may have one lawyer and a paralegal with big law we can have as many as you can afford sit there and look intimidating it's an expensive strategy which may or may not be the most effective strategy I'm thinking if I had that sort of money I just sell the place to an as is seller and be done with it instead I'll have to consider foreclosure as a pricy option of last resort it is normally illegal to stop you from going into your property this is true you still own your place and barring you from entering your building is illegal unless there are very specific reasons eg unlivable conditions determined by the state's foreclosure natural disaster crime scene restraining orders etc the property is arguably uninhabitable but that's not a position the HOA would want to take the state of the place is due to their lack of maintenance or exterior common element walls well in that case you might also consider a city and county building inspection to be performed a formal one not just a quick look-see but one with full paperwork that is sealed by private notary this will turn the screws a bit for their HOA some good advice here is posted by crimson 7-0 I'm not a lawyer one test your access if it doesn't work call the non-emergency number for the police and advise them you're being unlawfully restricted from gaining entry to your property to advise your contractor that he can park in your space and if anyone attempts to have him towed to call the emergency number write this in a letter and have the contractor tape it to his window with your cellular phone number on the paper for contacts if they tow it is theft the tow truck driver will be personally liable and criminally liable - if he tows the truck 3 record any adult content with the HOA what was said by who and when that property manager is personally liable for restricting your access to the property if he did proving it without recordings video or detailed notes preferably with witnesses is hard if he did restrict your access to the property it gives a weight to your argument that he took it upon himself to cause this problem for you making him personally liable for the situation notice the liable usage if they're going to play dirty so should you go to small claims court and file a suit against any individual involved in the process of blocking gear from maintaining or accessing your property make the suit for the maximum amount allowed in that courts usually between five and twenty thousand dollars this will get their attention and make sure they understand that you are beyond tired of their stupid games once the suits are filed post them to whatever community board is available be it bulletins web page Facebook group whatever so that all residents are aware of the suits and the reason for the suits this is not libel the court case is a public record when they don't bother to show up to court to answer for their stupidity you get a default win what state is this in Georgia where it seems HOAs can do anything they want the owner loses the HOA and crooked management firms when unexposed is by user Heckert all titles how to get rid of an HOA a good friend of mine has about four years ago inherited the house of his grandparents he decided to live there for the time being till he has decided what to do with the house he grew up in it so he did not really want to sell it not even a week after he moved in he got a visit from a neighborhood committee they said they are the three board members of the HOA and to here so he can sign his membership papers they were extremely nosy and rude for example one trying to get into the garage without so much as asking when he stopped him and asked him where he wanted to go he had the audacity to say I need to check your garage if everything is in order I have a right to do this by weekly and denying me access is an offense that will cost a fine he then had enough of their audacity and kicked them out of the house while doing so one of the board members shoved some papers into his face and told him he needed to sign this right now he had been living there a week already and these papers had to be signed before moving in once they were gone he took a look at the papers they were fudging ridiculous and gave the HOA rights that was simply unfreakin real they had for example a right to visit your home bi-weekly and check things like that you do not use the garage for storage don't have gasoline on containers in your garage same goes for gas you had to mow your lawn every week snow had to be shoveled every two hours when it snowed starting at five o'clock in the morning he could not park more than one car on your grounds except inside the garage and a ton of other bullcrap a few days later they came back and asked him why he didn't sign the papers yet they also wanted to check the garage again this time he would not even let them in and told them that he would never become a member of this stupid Club to them that meant a war within a week they had sent him fines north of $1,000 some of them were for denying them access to his home each worth two hundred and fifty dollars my friend simply did not take seriously and used their stupid letters to help fire his grill then came the day where they went extremely too far he came back and one of the board members had broken into his garage stood in it and was writing things down on his notepad but that was not even the worst part he had two beautiful oak trees in front of his house they had been planted by his great-grandparents when they were newlyweds and moved into the house the HOA was in the process of taking them down tree lore tree law they had called a professional crew for this one was already so damaged basically all the twigs were already down that it was just a stump that was left the other one they had just started with he fudging lost it he told the tree crew to stop right there he'll now and explained to them that he was the owner and what they did was highly illegal they had no idea since the board member claimed these trees were in violation of the rules since supposedly too many leaves went into the neighbor's garden he had told them that that was no legal reason to put them down but the board member claimed I had given my ok because the trees were in violation of the rules of the HOA he looked it up later they actually had a bylaw that if a garden produces more than 140 liter sack of leaves within two weeks the garden owner needs to take down the offending trees within two weeks he told them he would overlook them trespassing if they would be witnesses in court for him then he called the cops on the board members for trespassing breaking-and-entering they'd actually used a bolt cutter to get into the garage and he'd always had it closed with a big fudging bike lock after they had tried to get in twice before the trial must have been glorious not only did they have to repay him for the lock and the tree which was worth a crap ton of money north of 50k if I remember rights plus damages for the second tree he had a professional tree person look at it sir all the damage healed properly which alone cost nearly one thousand dollars but these idiots actually thought the trial would have been unfair and tried to find it which probably cost them an additional ten to fifteen thousand dollars in lawyers and court costs all-in-all this trial must have cost them over 120 thousand dollars then he went to civil court and sued them for emotional damage he told them how much the trees meant to him since his great-grandparents had planted them with seeds from the home country he really laid it on as thick as he could plus he felt threatened by the HOA and can hardly sleep because he always feared they'd try to get into his house the court actually bought it and gave him five hundred thousand dollars plus the costs for a state-of-the-art alarm system so he can feel safe again in his own home sir put all together he cost the HOA nearly seven hundred and fifty thousand dollars they had to file for bankruptcy and get a person to check the book so my friend would get his money the best is for last the mediator found out that these three pricks had been defrauding the HOA for well over ten years and we're giving out as many fines as they possibly could so they could use it to bolster their income all three had to sell their houses so they could pay out my friend now he is for most people one of the favorite people living there and he constantly gets invited over for grilling in what nights you see most people never wanted the HOA in the first place but the board member practically forced them to sign the contracts claiming it would not be optional and if they did not sign before moving in it would be a $500 fine only six of the over 50 members actually wanted this HOA and people think that they did get part of the action as rewards for spying out their neighbors to find violations so basically if you don't sign papers agreeing to let the HOA have authority over you they can't find you because they don't have the authority over you rights they said it's mandatory for you to volunteer your signature for this screw that there is something called a deed restriction that can require you to join the h away when buying the house but that would come into play when the house was bought and transferred such restrictions usually only exist when the house is part of a subdivision or an anti way was set up before the house was ever sold assuming the story is accurate there was no deidre story on the property so the HOA had to use hard sale tactics to get people to sign up he says the reason there wasn't one was that he inherited the house a case for which they had no bylaws saying you have to join or join automatically which they had ion cases where you buy a property there guess they meant no cases but ok though I do not really understand how it can be legal to force someone to join for any reason doesn't one of the amendments guarantee freedom of association if there was a deed restriction inheritance would not matter the deed would require membership you don't inherit a house you inherit a deed to a house as for freedom of association you were not required to buy a house with an HOA so buy a different house if you don't want one in cases of inheritance they tell you to just sell the house if you attempted a legal challenge to the deed restriction I guess then his grams was never a member in the first place need to ask him for that detail but as far as I remember it had to do with the fact that he inherited it it's actually a requirement on the seller he signed a contract agreeing that he would only sell to the people who signed the HOA membership contracts as such people who buy the house signed the contract first then the house contracts and now also behold to only sell to others but I have seen that they cannot enforce this when a house is inherited by a last will and Testaments of the previous owner HOA membership is contractual and cannot be willed it does not follow the house or the land unless the HOA actually owns the land and you merely lease the land from them the house itself may be welds but not the land since the person who died didn't own the land then it's a done battle because they can enforce some rules but not others rules pertaining to use of the land fall under regular Landlord and Tenant laws can be enforced but others that don't pertain specifically to the property they live on can't and in regards to the part where they're in there the garage sounds like a good time to clean my shotgun RP says bah ha ha ha ha but no joke looking for illegal firearms was one of the reasons they claimed why they did this plus people stockpiling gasoline and gas in their creating a fire hazard and other ridiculous crap believe me there was so much more bullcrap I did not even mention like demanding that your lawn must always be perfectly watered but you could get fined for consuming too much communal water basically a catch-22 of which they had quite a few to make money there's no way they would be able to tell if someone's guns were legal or not just by looking also how did they expect you to mow your lawns without a gas can to fill the mower with easy put your mower on a trailer which are not allowed to store in your property and tow it to the gas station haha I know I'm aware of how utterly ridiculous their arguments are especially since even these reasons should not grant you a right to get into other people's properties imagine that there are some expensive power tools in there and they're gone when you come home since they left the garage open after they could not close it after breaking the lock g'day there guys outro marquee here just wanted to say thank you so much for watching today's episode I hope you really enjoyed it I hope you enjoyed it as much as I enjoyed making it now with that said we have some special mentions everyone that's signed up for my patreon everyone that's a channel member you guys all know who you are I'm gonna start putting you on screen in the near future sorry I'm very lazy but I do love each and every one of you and you all know that if you want to join there is links down in the description below if you want to be a channel member there's a join button next to subscribe it helps me out immensely also I have a second channel that does memes it's called marquee too it should be on screen here now if you like memes and you want to laugh with me it's some not so politically correct content all the time hope you enjoy it click on the screen subscribe and enjoy the means that's all I have for today and I'll see you in the next episode bye

Channel: Markee

Views: 60,581

Rating: 4.860918 out of 5

Keywords: LegalAdvice, r/legaladvice, r/legal advice, r/legal, legal advice, Markee legal, Markee, Markee Reddit, Markee Legaladvice, Reddit, r/justnohoa, r/fuckhoa, r/hoa, r/aita, hoa, Home owners association, reddit, Markee r/justnohoa, Markee HOA

Id: mGQu9eaQ2dk

Length: 137min 34sec (8254 seconds)

Published: Thu Jun 18 2020