I live in a town home and its time for yr repairs, they sent general time frame about a month and came around and removed my siding from shed then after i called because nothing was being repaired i was told framing underneath was rotten and my responsibility. now in my association manual it says workers have the right to come on to property only after reasonable notice. no one contacted me before this work was done out side of a vague letter saying someone would be around for inspection for the yearly painting and carpentry work. now i have talked to the board and they seem to stand behind this being my responsibility and they are about to finish up for the year which is going to lead to them fining me for the shed and having it painted and charges till the work is done. i want to know can i and against who, the home owners association or the contractors they use, can i file trespassing charges and then take them to small claims court for amount to have repaired??? please help in VA
2007-06-01 10:31:19 · 6 answers · asked by hi people 3 in Business & Finance ➔ Renting & Real Estate
put up signs saying no trespassing if that doesnt work call the police or consult a lawyer
2007-06-01 10:40:23 · answer #1 · answered by Lindz19 2 · 0⤊ 0⤋
I assume you live in a HOA. On your title there will be an easement that allows the HOA to come onto your property. They can make repairs according to the HOA agreement and charge you for it. You cant put up a no trespassing sign....
It doesnt matter, you already signed an agreement that gave an easement to the HOA (Home Owner Association).
You came put up a million signs but if on title they have an easement, you granted it. Thats on you if you want to live there. Check your title and your HOA agreement. Im almost sure you gave rights on your title as well to the HOA.
I know it sucks but look at the bottom of the page somebody had to sign it. If its not your signature sue the hell out of them, if it is.... its what it is.
2007-06-01 11:23:47 · answer #2 · answered by financing_loans 6 · 0⤊ 1⤋
Hmmm, you're SOL. If it was that important to you to know when they would be performing the work, you should have asked. They weren't trespassing because if you live in a townhome you don't own the land, just the residence. Sorry. Maybe they should have told you sooner why they weren't making the repairs, but it's still your responsibility. I'd suggest to stop trying to sue & just pay to have the problem fixed. It'll be cheaper than paying court costs and attorney fees (cuz when you lose, you have to pay their attorney fees too) & you won't waste the court's time. These guys were just trying to do their job. Do the right thing. It can't cost that much money to fix & if you pay them to fix it now, you'll probably avoid paying fees to the HOA.
2007-06-01 10:42:08 · answer #3 · answered by Roland'sMommy 6 · 0⤊ 1⤋
Roll over or hire a lawyer. There will not be much in between. Home owners associations can be your worst nightmare. From personal experience, I know that a good lawyer can scare the ********* out of them. My lawyer loved my case because he became the expert on local real estate.
2007-06-01 10:47:00 · answer #4 · answered by Menehune 7 · 0⤊ 0⤋
You need to do some research, since we don't know the actual terms of HOA rules and regs you agreed to. But for purposes of research here are links that might help you out.
State bar Association: http://www.vba.org/
LAWS: http://leg1.state.va.us/000/src.htm
Small claims court procedures: http://www.courts.state.va.us/pamphlets/small_claims.html
FTC information on hiring a contractor
http://www.ftc.gov/bcp/conline/pubs/services/homeimpv.htm
Laws applicable to Restrictive Covenants all states: http://www.lawchek.com/resources/forms/que/restcoven.htm
Communities Associations Institute (for Home Owner’s Associations) http://www.caionline.org/
Last and most important you really should contact a local real estate attorney to determine if your legal rights have been infringed upon.
Best of luck on your research
2007-06-01 11:21:05 · answer #5 · answered by newmexicorealestateforms 6 · 1⤊ 0⤋
there's a time decrease, maximum in all threat one 365 days for the date of the progression. although because of the fact you have been a customer of your female pal you weren't trespassing. If a police record replaced into no longer made on the time of the progression that's amazingly no longer likely the D.A. will press expenses.
2016-10-09 06:49:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋