REAL ESTATE SERVICES
Homeowners Association Law
Homeowners Association Law relates to the creation and enforcement of organizations and their rules that manage community associations and help to maintain their appearance and value. Most homeowners associations and condominiums are made up of a common residential asset managed through a chosen Board of Directors. Membership is mandatory upon the purchase of real estate situated in the association. State laws, local bylaws, and organizational rules all relate to the management of the community.
Most homeowners associations and condominiums are corporations formed by a real estate developer for the purpose of marketing, managing, and selling homes and lots in a residential subdivision. After reaching a certain threshold of sales, the developer relinquishes its control of the association to its members. All members must pay fees and conform to the restrictions of the association regardless of whether they have actual knowledge of these rules and fees or not.
The homeowners association provides services, regulates activities, levees assessments, and may impose fines. Legal action of the homeowners association for the non-payment of assessments may be enforced through the threat and levying of fines and/or a lien on your home. If the assessments are not paid, the homeowners association may have the right to sell your home.
Landlord Tenant and Unlawful Detainer Law
Landlord Tenant and Unlawful Detainer Laws regulate the relationship between one who owns real property and those to whom he or she gives certain rights of use and possession.
Many jurisdictions vary widely in their application of Landlord Tenant Law based on the type of tenant. A residential tenant is one who seeks to take up personal occupancy in the premises for purposes of using it as a home. A commercial tenant is usually a business that takes up possession of the property for purposes of carrying on some form of commercial, retail, or industrial pursuit. Given the different values associated with each type of tenancy, the laws vary to meet these interests. For example, residential tenancies are usually given more protections against unannounced entry by the landlord (to protect privacy), greater habitability requirements (to ensure one can actually live in the property), and more protections against wrongful taking of deposits. Commercial tenancies, on the other hand, are granted more protections against activities that would harm a business interest or impede its operations, but have fewer considerations for privacy and habitability.
In either type of tenancy, the usual tools for a landlord to enforce its right to collect rent is through the use of evictions. An eviction is a legal proceeding, usually with an expedited procedural calendar, that allows a landlord to put a tenant on notice of the failure to pay, file a lawsuit, and obtain a court order requiring the tenant to vacate the premises, often within a matter of weeks. Most states also provide a mechanism for recovering unpaid rent from the tenant in the event of a default, including, in some instances, rent that would have been due through the end of the lease term.
Unlawful Detainer refers to the act of retaining possession of property without a legal right. It ordinarily refers to the conduct of a tenant who is in possession of an apartment or leased property and refuses to leave the premises upon the expiration or termination of the lease. Typically, the landlord wishes to evict the tenant for not paying rent or for endangering the safety of the other tenants or the landlord’s property.
Property owners need an attorney they can trust that is well-versed in the legal procedures necessary to protect their property and, in some instances, source of income.
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