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Ok well you own a house Not the kind of person legal aid was designed for The legal aid I worked with didn’t even do real property law anyway so. (Other than foreclosures obv which isn’t real property law really as it’s mostly statutory)
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Jul 15, 2019 21:22
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have you considered taking a second mortgage and turning your house into a law degree?
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Jul 15, 2019 21:25
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You need to first get an attorney to figure out if the covenants are real and if whatever organization was formed correctly using the proper legal enchantment or ritual. Its entirely plausible guy noticed the poo poo in the deed and decided he loving hates chicken guy enough to spend the $$$ to have a lawyer draft some bullshit to push you around.
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Jul 15, 2019 21:25
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Here's a bit of inspirational reading for you, OP https://www.nytimes.com/2019/06/23/world/europe/france-rural-urban-rooster.html
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Jul 15, 2019 21:28
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Hypothetically I do no think it would be impossible for a person to revive a dormant hoa in order to restrict certain property uses through hoa powers.
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Jul 15, 2019 21:31
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EwokEntourage posted:have you considered taking a second mortgage and turning your house into a law degree? Holy poo poo 
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Jul 15, 2019 21:35
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Ask your attorney about laches ! If the HOA hasn't been enforced for a long time then it may be either void or voidable. Again all depends on the specific documents and your local jurisdiction's law but seriously yeah this is well past the point at which you need to talk to an attorney in your area.
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Jul 15, 2019 21:35
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Hieronymous Alloy posted:Ask your attorney about laches ! the other thing is that if this guy doesn't have money and the guy complaining does, the actual law may not be relevant unless it's so very clear that filing a lawsuit would be sanctionable
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Jul 15, 2019 21:51
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Yeah, I'd really rather not go to court if I can avoid it. My options are either figure out something to I can just tell his lawyer to kick rocks, or roll over and get rid of everything.
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Jul 15, 2019 21:53
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Ghostnuke posted:Yeah, I'd really rather not go to court if I can avoid it. My options are either figure out something to I can just tell his lawyer to kick rocks, or roll over and get rid of everything. Get a lawyer and have them tell his lawyer to kick rocks. If it doesn't go to court it probably won't be that expensive. If the neighbor figures out you will just roll over then you can expect to get called out on your paint colors next.
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Jul 15, 2019 22:00
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I mean it's also plausible the neighbor really did form an hoa or there was an existing one that was missed and this is entirely legal.
Hub Cat fucked around with this message at 06:26 on Jul 16, 2019 |
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Jul 15, 2019 22:09
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I'm still waiting to hear back from the title company as to why they think there is no CR. Some new info I dug up though: 1) this dude isn't even part of my covenant! (if it is still active) He's part of the next one over. I'm in XXXXX #4 and he's XXXXX #3. I'm hoping that'll help if it comes to court. 2) I checked with some of my lawyer friends in town and nobody has even heard of this lady representing the neighbor. Did some digging and she's like 70 years old and has no physical practice. The neighbor is an older guy as well, so I'm guessing she's a friend of his and just wrote up that letter as a favor. 3) checked with some neighbors and a lot of them were not even given a copy of the CR when they bought. 4) as mentioned 100 times above, I don't think we're going to figure out if it's active without getting some lawyers to argue in front of a judge So my plan as of now is to just do nothing basically. If I call their bluff I've got a 50/50 shot of getting out of this for free without lifting a finger, there's no point in me spending money on a lawyer yet until they actually do something. While I'm waiting for the blade to fall, I'm going to print up some letters to stuff in everyone's mail box to try and get a majority to agree to disband, just in case. Definitely going to name and shame this guy in the letter. Ghostnuke fucked around with this message at 14:38 on Jul 16, 2019 |
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Jul 16, 2019 13:35
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Ghostnuke posted:I'm still waiting to hear back from the title company as to why they think there is no CR. The HOA names are enough to google your location (if you're in a city with a man's first name) if you care about someone finding that out. And it looks like chickens require permits where you are - are you alright with "the man"?
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Jul 16, 2019 14:30
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Devor posted:The HOA names are enough to google your location (if you're in a city with a man's first name) if you care about someone finding that out. meh, I can snip them but I'm not super worried about it. Also you must be looking at the wrong place because chickens are totally legal here with no permits. edit: at least that's what everything I've read has said. what did you find? Ghostnuke fucked around with this message at 14:40 on Jul 16, 2019 |
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Jul 16, 2019 14:37
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Ghostnuke posted:meh, I can snip them but I'm not super worried about it. Also you must be looking at the wrong place because chickens are totally legal here with no permits. Just what comes up when you google the city name and chicken coop. I read it a little too quickly, permitted was just the adjective meaning “allowed” rather than requiring permits. There is a limit of 20 female chickens max, or 1 per 500 sf lot size, whichever is lower.
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Jul 16, 2019 14:47
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HOAs laugh at your silly ordinances
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Jul 16, 2019 14:50
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euphronius posted:HOAs laugh at your silly ordinances I was looking to see if it was one of those wacky places that have a chicken coop bill of rights that invalidates restrictive covenants about chickens. Sort of like how the FCC regulations prevent HOAs from banning satellite dishes. Yes it’s still on the books at the HOA, but no the lawyer said we can’t enforce it. My state has something similar for solar panels - the HOA can’t prevent you from installing solar attached to your house.
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Jul 16, 2019 14:56
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That’s state law tho not ordinances
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Jul 16, 2019 14:59
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Devor posted:I was looking to see if it was one of those wacky places that have a chicken coop bill of rights that invalidates restrictive covenants about chickens. That's pretty cool.
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Jul 16, 2019 16:09
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A friend of mine just got an email from a former apartment complex she lived in stating that after an audit, they found out she didnt pay her "exit fees" totaling $490. She moved out 3 years ago. This obviously feels like bullshit but the amount is small enough that you wouldn't really want to hire a lawyer unless it's a small amount. What's a good course of action? I feel like this has passed a statue of limitations of some sort.
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Jul 17, 2019 02:55
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seiferguy posted:I feel like this has passed a statue of limitations of some sort. I feel the earth is flat
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Jul 17, 2019 04:03
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 UPDATESAfter talking with my realtor, it's looking like she might not have ever had us sign the the page that would have had the attachments to the title  She said that the title company definitely sent it to her, but that she has no record of sending it to us. I checked, and I have no record of receiving it. I'm quite surprised that she's admitting this to me because wouldn't that open her up to all kinds of liability? She's definitely scrambling because she's trying to get the title company to represent us anyway "in the interests of saving their business relationship" or something like that. None of this will change the possible suit from the neighbor but it looks like I might have 1) some help from a lawyer for free OR 2) someone to blame this all on.
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Jul 17, 2019 14:09
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seiferguy posted:A friend of mine just got an email from a former apartment complex she lived in stating that after an audit, they found out she didnt pay her "exit fees" totaling $490. She moved out 3 years ago. This obviously feels like bullshit but the amount is small enough that you wouldn't really want to hire a lawyer unless it's a small amount. What's a good course of action? I feel like this has passed a statue of limitations of some sort. Your local laws may vary and I definitely ANAL but I imagine they were required to deal with this when sorting out her security deposit and can gently caress all the way off.
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Jul 17, 2019 15:35
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Nevvy Z posted:I definitely ANAL Please can we change the name of the thread?
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Jul 17, 2019 15:40
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seiferguy posted:A friend of mine just got an email from a former apartment complex she lived in stating that after an audit, they found out she didnt pay her "exit fees" totaling $490. She moved out 3 years ago. This obviously feels like bullshit but the amount is small enough that you wouldn't really want to hire a lawyer unless it's a small amount. What's a good course of action? I feel like this has passed a statue of limitations of some sort. Lawyer (but not your lawyer) (I don't know if I need to PM a mod and verify or something) but in most jurisdictions, purely "punitive" fines are illegal, as are excessive fines/fees. It depends wildly on where you live, as some localities are very friendly towards tenants in this regard, and others favor the landlord. Your friend can ask for a breakdown, explaining how the complex came to that amount. They should be able to provide an itemized list. Also, the SoL may have indeed actually lapsed: for instance, California's is two years for this sort of thing. I would honestly have to have more info to say what you might be able to do, but starting with a formal business letter to the complex, clearly stating the disagreement with the charges is a place to start. Some templates are available online. Be specific as to why your friend doesn't feel like they should have to pay the charges. Have your friend gather any supporting evidence that might indicate they signed over the apartment and the complex took the keys, signed any other paperwork, etc. Have them send the letter and give a period of time (10 days or so) for the complex to respond. Insist on only corresponding in writing, and document the correspondence. In the end, if your friend is forced to pay, they may be able to recover later. Hope that helps.
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Jul 17, 2019 22:55
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Yes. We need a scanned copy of your bar card.
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Jul 17, 2019 23:12
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and you're behind on your dues
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Jul 17, 2019 23:25
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You need to be jumped into the SA bar. Please report to https://forums.somethingawful.com/showthread.php?threadid=3865334 Bring documentation of: Bar card, LSAT score(s), law school, debt load, current employment and salary, a current substance abuse evaluation, marital status plus names and genders of misters/mistresses, vacation homes, similarities to fictional serial killers, your favorite musical theatre character and which computer games you've done spreadsheets for. And T_______________needs to know if you're Jewish or not. joat mon fucked around with this message at 23:36 on Jul 17, 2019 |
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Jul 17, 2019 23:31
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Kimsemus posted:Lawyer (but not your lawyer) (I don't know if I need to PM a mod and verify or something) but in most jurisdictions, purely "punitive" fines are illegal, as are excessive fines/fees. It depends wildly on where you live, as some localities are very friendly towards tenants in this regard, and others favor the landlord. Friend, in these here parts we don't take kindly to nosy out-of-towners just walking in here and helping people.
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Jul 18, 2019 00:08
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Can an employer in Texas force an employee to share their tips with other employees? When is a tip yours vs something the company has any say over?
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Jul 18, 2019 00:55
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Atticus_1354 posted:Can an employer in Texas force an employee to share their tips with other employees? When is a tip yours vs something the company has any say over? https://twc.texas.gov/news/efte/tip_pooling.html That should give you a good starting place.
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Jul 18, 2019 01:09
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Atticus_1354 posted:Can an employer in Texas force an employee to share their tips with other employees? When is a tip yours vs something the company has any say over? Are you really getting pissy about tipping out?
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Jul 18, 2019 01:14
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Atticus_1354 posted:Can an employer in Texas force an employee to share their tips with other employees? When is a tip yours vs something the company has any say over? Short answer: it depends.
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Jul 18, 2019 01:21
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Atticus_1354 posted:Can an employer in Texas force an employee to share their tips with other employees? When is a tip yours vs something the company has any say over? Generally, if tipped employees are paid over minimum wage, tips can be pooled among all non management staff. If tipped employees are paid less than minimum, tips can be pooled only among tipped employees and the tips up until the employee reaches minimum wage can't be pooled.
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Jul 18, 2019 01:23
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Thanatosian posted:Are you really getting pissy about tipping out? I think that is a highly fact-specific question that hinges on whether the loving management is trying to horn in on the tips for the people actually doing work
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Jul 18, 2019 01:25
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Devor posted:I think that is a highly fact-specific question that hinges on whether the loving management is trying to horn in on the tips for the people actually doing work This was actually how I read the question too, since that happens a TON here for some reason, because they know the job market is hard and people are willing to grin and bear it.
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Jul 18, 2019 01:29
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Devor posted:I think that is a highly fact-specific question that hinges on whether the loving management is trying to horn in on the tips for the people actually doing work
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Jul 18, 2019 01:41
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Yeah it’s like Cattle Doctrine or something
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Jul 18, 2019 01:44
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Shootout at the Golden Corral.
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Jul 18, 2019 01:49
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Mr. Nice! posted:https://twc.texas.gov/news/efte/tip_pooling.html Thanks I have passed that along. Thanatosian posted:Are you really getting pissy about tipping out? Well no since I'm not working for tips. But the friend of a friend is more worried about non working coworkers. Tipping out isnt the same as tip pooling.
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Jul 18, 2019 02:00
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