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HOA/New owners want change in covenants

BucksMom — Mon, 20 May 2013 20:30:49 GMT

I live in rural NC; our home is located on a private road adjacent to a county road. There are 31 lots in the HOA owned by 19 individuals [or couples]. Among the 31 lots are 12 homes; the other lots are vacant. The land was platted in 1961 and protective covenants [written by the developer] were filed at the county courthouse. Two home owners are full-time; the other 10 home owners are used as 2d homes.

In 2009 the Home Owners Association incorporated with the State of NC; by-laws were written to accompany the 1961 covenants submitted for incorporation. The State did not want a copy of our by-laws and returned them with the approved incorporation papers. The incorporation papers, 1961 covenants and the by-laws were registered at the county courthouse and all three documents were accepted.

At the time of incorporation we had some new home owners; they received copies of the covenants. Prior to incorporation the by-laws were fully vetted by the home owners; each received a copy of them and we had a long meeting to discuss them. They were accepted by acclamation.

The first paragraph in the covenants reads: "No building shall be erected or placed on said lands which shall be used oroccupied for any purpose except that of a private residence exclusively, with the exception of private garages used in connection with residences constructed on said lands; nor shall any part of such private residences and garages ever be used or occupied for trade or businesses of any kind whatsoever." Three home owners have decided they want to rent their homes; those of us who have lived here a long time or owned lots for a long time do not want this to occur. There are probably enough votes to defeat the proposal but the person who is pushing for the change says the least he will accept is the right to lease his home.

I have accidentally discovered that the realtor who sold all the homes to these three individuals told them the covenants would not hold up in court, None of us is an attorney; our meeting to discuss this is in late August so I am trying to gather some information about this. I do realize I am asking for advice only, not iron-clad info.

TIA

Not Medically Qualified

cb_1811 — Fri, 26 Apr 2013 01:46:45 GMT

I recently posted about my agency giving me a Not Medically Qualified letter stating that I no longer meet the published medical requirements for my position. I had already put in for D/R back in December, 2012 as I knew that I could no longer safely perform my law enforcement duties. Right now, I have a CSA number but my case has not yet been assigned to an OPM case worker.

My director previously stated that the agency would drag its proverbial feet (deliberately) to buy me some time. He retired a couple of weeks ago and the whole feet-dragging thing has apparently retired with him. My supervisor has down-rated me to "not fully successful" and has made noises about removal actions. The new director is now talking about medically terminating me after a 60 day opportunity for "reassignment" per the steps laid out in the Not Medically Qualified letter. Either way, it looks like efforts to remove me are stepping up.

The OPM rep I spoke to in Washington DC told me that there was a large backlog and that it could be a few more months before my case is assigned to a case worker. She told me that she may be able to expedite the assignment to a case worker if I forward the Not Medically Qualified letter to her.
My concern is this: will OPM kick my application for D/R out when they read the language about the possibility of reassignment? My agency certified in December that there were no reassignment opportunities available.

I would really like to try to expedite this thing since I am facing a probable forced removal but I don't want to send OPM any paperwork that might have the unintended consequences of rejecting the application.
Will OPM ignore the 3112 D if they read the language in that letter offering a period for possible reassignment?

I need help understanding my accident

Fredgonz — Tue, 21 May 2013 02:17:13 GMT

Hello all, it's my first post here on the forums. Greetings to all. I found myself in an auto accident where I was making a left at a green light (solid) to go southbound. Traffic was blocking view to the opposite two oncoming lanes, since they too were attempting to make a left hand turn going northbound. As I proceeded to make my left hand turn, I slowly entered the intersection and cautiously kept looking since my view was limited. Mind you my car is low and my vision is limited by a black Chevy suburban. I got past the middle lane and finishing the last lane and my car got struck by a motorcycle (t-boned) which literally appeared out of nowhere. I learned that the biker and his passenger jumped off the bike before impact. My car sustained damages to the frame, holes and dents in the doors, and airbag. Both driver and passenger were taken to the hospital for treatment. the driver seemed to have suffered no damages while thepassenger received some injuries from them jumping the bike. Upon getting estimates, I asked them how fast do they think they were going. All responded with "definitely not 30-35." Most told me they had to be going at lest 45-50mph. Back to the scene, None of us were issued any tickets. I learned now that the opposing party has hired a lawyer. Should I be worried? My policy limits are 100k/300k.

Getting my insurance company to Settle?

joeRamone — Mon, 20 May 2013 23:12:12 GMT

HI there,

I am in Washington State and I was involved in an auto accident which I had accepted liability for a while ago and recently got sued. The other party has sued for my liability limit, but my insurance company denied and have hired a lawyer for me to fight the case.

Is there anything I can do to get my insurance company to just settle within my limit? If it goes to court and goes above the limit will I be liable? Do I have any recourse for a bad faith suit against my insurance company if that happens?

Child Support Reserve

almostthere — Tue, 21 May 2013 00:54:37 GMT

What does this mean in full legal terms. And if child support is reserved, how long is it for and will or can the other parent change this soon after?

Thank You

Order for Custody

almostthere — Tue, 21 May 2013 01:00:18 GMT

Can attorney draft an order for custody and each sign, submit without the parents signing? My attorney went to the office of the other attorney who put a new order in place. They each signed, and my attorney sent me a copy. I thought both parties also have to sign before being accepted by the court?

Atty says Trustee not required to raise rents??

majesty — Mon, 20 May 2013 07:34:14 GMT

According to her attorney the Trustee is required to collect the rent and make repairs but not raise the rents to fair market value (FMV) even though there is no rent control.

All 5 units are the same size 2+1 and when distributed to the beneficiary she discovered the following:

1) 2009: Rents before 1st Trustee who passed away several months later.

#1- $1000,
#2- $1000,
#3- $1000,
#4- $1200,
#5- $1200 and the rents had been raised every year in March for the last 4 years.

2) 2010: First successor becomes trustee Sept 2009, but does not raise rents to FMV at $1200 for #1, #2, and #3. In March 2010, new tenant for #3 starts at $1200 (FMV) However, trustee continues to fail to raise rents for #1 & #2 to FMV.

3) First trustee dies. 2nd trustee takes over in June 2010. He also fails to raise the rents to FMV upon becoming Trustee.

4) In November 2011, he only raises the rent 2% on #1 & #2 instead of FMV, but not the others??. The next month he rents #5 for $1300, the new FMV. Again, he does raise the rents on #1 and #2 which are now 30% below FMV

After distribution of this apt, new owner discovers the low rents for #1 & #2, raises then $1300 with a 60 day notice.

According the NY law, the Trustee is liable. What about CA law? What probate code is revelant.
Does it matter that the apts were also managed by a management company?

Was I wrongfully terminated and discriminated against?

nvega1008 — Mon, 20 May 2013 21:12:08 GMT

I was just fired today and was not given any reason on why I was told I will find out this Friday on why I was terminated. I was hurt on three separate incidents. I was doing inventory off the clock on my day off and a bottle of beer fell on my wrist and cut my wrist, which needed stitches. I was out of work for 3-4 days. My second incident happened while breaking bottles of liquor which one of the small shards slit my eye. We do not have protective goggles for this. My last incident which was this past Friday which I was doing a food delivery and due to a fault bike I was unable to press on the break and I crashed into a car and had to go to the ER due to back pain and had to miss work for another 2 days. The day I came back to work which was today I was told I was fired. Is this wrongful termination? In addition, later in the day I went there to eat like a normal patron and I was told I was not allowed to be in there for any reason unless it was alright with the owner since I was fired.
In addition, they are not compensating me for my time off nor for the injury's I occurred while working for them. Also, it is for a private owned restaurant. Not a corporate or chain of restaurants.

To COnsolidate or Not to Consolidate

HAROKELL — Mon, 20 May 2013 16:18:03 GMT

I have two cases, one in the Court of Appeals and the other still pending in district court. The opposing counsel asked if I would be agreeable to dismissing the Appeals Court case, stating that generally, plaintiffs don't get to have two cases going at the same time, alleging the same claims, and if they were both still pending in district court, they would be consolidated into one case. How should I respond?

Tax Refund Offset Took Too Much. Can I Get It Back?

jpsnyder055 — Mon, 20 May 2013 19:44:16 GMT

At the start of 2012 I found out I had received an overpayment from unemployment (thanks to bad advice from an 'employer' when working as an independent contractor.) Regardless, I found myself saddled with a $4,017 repayment that I had to undertake- all w/out steady employment.

I negotiated terms of $20 per month (more if I could pull it off) & there was no mention (verbally or in writing) of any interest or fees (& yes, I do have terms in writing). I paid as promised, to the tune of $240 for the year of 2012.

I filed my taxes this year knowing nothing of an offset b/c it was never mentioned (verbally or in writing). I just received my DD & my refund was offset by $4498. Add to that the orig $240 I already paid & suddenly the ESC just earned $667 on this deal.

My question is, can I get that money back? I feel kind of robbed considering they deliberately offset my refund by more than the original debt in the first place- irregardless of what I already paid out of pocket. If so, how?

EDD Help with a Second Level Appeal

Q C — Sat, 18 May 2013 02:59:35 GMT

Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4

Hi, was found eligible for Unemployment by the EDD my employer won the First Level Appeal, I voluntarily quit due to Harassment I drive buses and have to get 2 year medal exam for DMV. I passed all the medical tests that Nurse Practitioner gave me, he then told me I have to do a sleep study test even though I did not meet the criteria that my BMI and Blood pressure are normal he only give me 3 Months or I will be lock out of my job with no pay and would not be able to pay for my health insurance after I did the sleep study the same Nurse Practitioner told me that there was not enough data, He then gave me another 3 Months to get more Data after I did that they still would only give we 1 Year and not the 2 Years that I have always received my wife has a chronic health condition so I voluntarily left with my pension that I did pay in to I was afraid if I miss the deadline I would be lockout and get no Pay or Medical and would not be able to take care of my Wife other co-workers have been lockout and they did not get any pay or Medical I have attached the ALJ decision I did see one error in the ALJ Decision she said I was concerned about I would not pass my two year mandatory medical examination but they never gave me 2 year they would only give me 3 months or 1 Year any help in how should appeal would be appreciated

Thanks

"The employer appealed from a determination that held the claimant was not
disqualified for benefits under Unemployment Insurance Code section 1256. The
issue in this case is whether the claimant voluntarily left the most recent work
without good cause.

FINDINGS OF FACTS
The claimant was most recently employed by the above named employer as a
transit operator for almost 33 years,
He voluntarily left the most recent work
under the following circumstances.
The claimant retired. He retired at the time he did because he was concerned he
would not pass his two year mandatory medical examination.
Transit operators are required to have valid commercial licenses. The
Department of Motor Vehicles (DMV) requires medical examinations to renew a
commercial license every two years.
The claimant had been sent out for additional testing and medical release in
2011, which he eventually passed.
If a transit operator does not pass his/her medical certification, he/she can be
"locked out" of the system, meaning he/she cannot access their leave credits or
the employer paid share of his/her medical benefits. The claimant needed the
employer paid share of his medical benefits because his wife has a chronic
medical condition.

The claimant could have continued working and delayed his retirement until
March 21, 2013 when his last medical certification expired. Under those
circumstances he would have had no break in employer provided health
insurance benefits.

REASONS FOR DECISION
An individual is disqualified for benefits if he or she left his or her most recent
work voluntarily without good cause. (Unemployment Insurance Code, section
1256.)
There is good cause for voluntarily leaving work where the facts disclose a real,
substantial, and compelling reason of such nature as would cause a reasonable
person genuinely desirous of retaining employment to take similar action.
(Precedent Decision P-B-27.)
In Precedent Decision P-B-228 the claimant resigned from her employment in
anticipation of being discharged. Although a discharge was likely, the employer
had taken no affirmative step to fire her. The appeals board held that the
claimant left employment voluntarily without good cause.
The voluntarily leaving was in anticipation of a "lock out" from the current
employee system. By analogy to a voluntarily leaving in anticipation of
discharge, this is nota compelling reason for the voluntarily leaving.
Since the voluntarily leaving is found to be without good cause, the determination
under code section 1256 is reversed.
DECISION
The department determination is reversed. The claimant is disqualified under
code section 1256. Benefits are denied."

Renter's Insurance Headache

dallascowboy85 — Sat, 11 May 2013 14:40:07 GMT

Took out a renter's policy, literally two days later I was robbed. At the advice of law enforcement I filed a claim with my insurance company. My first adjuster took a recorded statement and basic details. I sent them a copy of the police report. I was then to it was being sent to the SIU here locally. I contacted the SIU adjuster, whom took another more indepth statement from me. He then sent me a ltter requesting a completed proof of loss, detailed list of claimed items, and authrozation form. Of course they are also requesting proof of ownership through any receipts, original boxes, manuals, apprasials, statements that might show when I bought the items and digital photos of the items if I have them. Theyve requested human resources information, and a letter of experince from my last inursance provider. I have pretty much gotten everything they've requested. My question would be once it goes to SIU does that automatically mean they are looking for ways to deny the claim altogether? I'm a fulltime student, so therefore unlike many homeowners and renters, I don't have nor need a fulltime job to support my lifestyle. My parents help out a great deal with bills and such. I am just trying to figure out the best way to get this claim handled effectively and efficently as possible. My laptop, and DSLR were among the items in my bags that were taken, I just want to be able to replace them before my internships this summer. And information reguarding the SIU process would be greatly appreciated. The SIU guy actually does not seem that bad, I know he just has a job to do, but I really want them to take care of this.

Help with employer

sdepietro — Mon, 20 May 2013 14:20:33 GMT

long story short, i was being treated horribly for the past 6 years after intially challenging financial promises made to me in the first year i began working with the employer. during my review that year, i asked why the raise was so low as i was told it would be "x" amount guaranteed, got blown off and then all the bad reviews started. I work in NJ and got smart, recorded everything conversation I ever had with my bosses, including re-addressing the raise issue, and was told no way in ***heck we're fixing that - yes on tape.

With the one party consent law, what would be the best way to properly address these issues with the employer and state upfront i exercised the one party consent law and have audio tapes for the past 6 years showing unfair treatment, nasty comments made to me, and the pay raise being addresses with no action.

thanks all.

personal injury

Questforanswers — Sun, 19 May 2013 18:23:32 GMT

Calif.... Is personal injury limited to physical damage? Or does mental anguish, and pain count? Since a Dr has given me a wrong diagnosis it has put me into a whirlwind of issues including having to sell my truck, trailer and tools just to survive. If this Dr did her job back in Jan 2012 I would be healed and back to work by now. 1 1/2 years later I am still awaiting treatments and my injury has gotton worse. Now to correct the problem will require surgery. I am in excrutiating pain all the time and this whole incident has drained me financially and mentally. Do I have any recourse with this particular medical institution? Their "Member Services" dept is well aware of this situation and has stopped responding to me because they know they are wrong. Any suggestion? Thank you

surveillance

SarahEL — Mon, 16 May 2011 20:29:37 GMT

From the research I have been doing online, I know it is legal to use video surveillance. However, I cannot find a clear answer on audio surveillance laws in Florida. My employer has video camers installed throughout our building, as well as microphones. They use these for surveillance and are also recorded for playback purposes.

Any clarification on this issue would be appreciated! Have a great day!

Is it Legal for an employer to provide proof of Ceremonies?

Dan1982 — Fri, 17 May 2013 15:45:57 GMT

I am Native American, I am a security guard that has been working with the company for over a year now, and been nothing but reliable and followed everything by the book. I've recently been having problems with my current supervisor about attending my Native American Ceremonies. I've given plenty of written and verbal reminders, let them know that dates change from year to year, and I attend ceremonies that do not permit photographs, audio, or video recordings, nor do they have fliers that I can take home. I have not had any problems with my previous supervisors with this until now. Any ideas on how to handle this?

Discrimination ?

samantha49 — Fri, 17 May 2013 23:12:05 GMT

I have recently been laid off from a position of over 7 years, just a few months after a much younger woman was hired to be the controller over all 3 firms (previously my job title as well as being office manager) I asked my employer on more than one occassion if my job was still secure or if I should start looking elsewhere. I was assured on each occassion I had nothing to worry about. (I am over 60). Than suddenly one afternoon I was told that I was being laid off due to a reduction in work force and would be given severence pay.

Originally the pay was to be over a 4 week period and then was told today that I needed to sign a severence pay letter and would receive it in one lump sum. The letter states that I have no recourse on age discrimination and emotional distress etc. As well as a 7 day clause that even after the agreement is sign it can be revoked.

I have not signed it as yet as I am concerned what once I do he will revoke it and request the monies back. I personally feel this was/is age discrimination and the letter was instigated by the new girl. He has never done this with anyone before.

Not sure if i shoud just sign it and forget about this or what. opinions please?

Buyer refuses to fill proof of work form out

A.K.H. — Wed, 08 May 2013 19:50:15 GMT

Hello,
We recently sold our home. We did a lot of jumping through hoops to please the Buyers. They gave us 30 days to move out of a home that included 5 bedrooms, 3 full baths, full finished basement, a 3 bay shop and a big barn. They said if we don't move out in 30 days they will not buy the property. The Home Inspection came back great. Only a few minor details- electrical and a plumbing. They said we do not need to fix the issues that were found. With only 1 1/2 weeks left to move out they came back and said they decided they DO want us to fix the electrical issues and if we don't fix them, they will not buy the house. We fixed the issues requested. Then they came back and asked to have the shop inspected so we did that and fixed all issues on that ourselves without them even asking us to do so. With 1 week and a day left to move out we received word that they Buyer refuses to fill out a form. His words passed along to us were "I'm not filling out that form. I will just not buy the house". We received a letter of denial of a loan from their bank that says he failed to provide proof of work history. We know he has a job. Before we went under contract with the Buyers we found out they had a pre-approved VA loan. I am assuming this form the buyer is refusing to fill out was a last minute form before they received their money to buy our house. Do we have any right to pursue legal action with the Buyers? We are out a potential home sale as 3 days under contract with them another potential buyer that had viewed our house in the past asked if our house was still on the market and were told no because we were under contract.
Thank you,
A.K.H.

health insurance premium and wage loss

mem2008 — Mon, 20 May 2013 04:35:28 GMT

Question 1:

When OWCP terminated wage loss, the health insurance obtained through the employer was also terminated. Now that OWCP has reinstated wage loss and the insurance has been reinstated, OWCP has deducted the health care premiums retroactively for the years that the insurance was cancelled. Can I get these premiums refunded since there was no coverage available to me during that time?

Question 2:

Is wage loss calculated based on the salary an employee was receiving at the time of the injury for the life of the claim? Or is wage loss calculated at the current rate/pay scale? For example, if an employee was a GS 9 Step 2 in 2007 is this the pay scale that OWCP uses when restarting wage loss or the GS 9 Step 2 scale for 2013?

Can one sue for Withheld compensation?

Stephen1990 — Mon, 20 May 2013 02:28:37 GMT

I am asking for my mom, she is working in a garment factory in new york city and her employers have withheld paying her for her work for over 4 months now. am i allowed to sue the employers? what documents do i need for such a case and how much can i sue for?

Reinstatement of Gun Rights

Patrick4287 — Sun, 19 May 2013 06:22:02 GMT

I am a Licensed Psychologist with a new client who in 2009 plead Not Guilty by Reason of Insanity. A prior Psychologist performed an evaluation, but it was at best a mediocre report. Mental status was perfect, but his findings were my client was not culpable of the crime of assaulting a police officer. Two years later this same Psychologist will not change his original finding, although he did not reexamine my patient.

My client is a combat veteran of Iraq. After the plea he was not committed to a Mental Health facility, but was released on his own to continue seeing his VA Psychiatrist. At the time of the offense, my patient was heavily medicated for depressive symptoms.

Fast forward, my patient is off all medications, is married with two children, and holds down two jobs. He no longer lives in the State where he plead NGBRI. He has approached me about doing another evaluation to show he is no longer insane in an effort to regain his right to own firearms.

I am also a Certified Forensic Psychologist and former Law Enforement Officer. Legally, how would he fair under the Gun Control Act of 1968, the Brady Act, or other pertinent law? The plea took place in Florida and my patient now lives in Tennessee. Any relevant advice would be helpful. I do not want to waste my patient's time or money if restoration of rights are not possible. Most attorneys in my area are either SSDI, accident, divorce, or handle minor criminal cases. I have attempted talking to a few criminal attorneys in both States, but are reluctant to advise without a large retainer to field an answer.

Thank you,

Patrick4287

Grandson

hzleyesaz — Sun, 19 May 2013 11:17:13 GMT

based on the information I have provided prior, my daughter was not offered any visitation with my grandson, she wasn't given the opportunity to present her side with letters from doctor visits, letters from teachers, school principal and dentist visit. nothing to prove to the courts that she not a child abuser, The mediator had all information, shouldn't have the mediator try to investigate it futher, instead of turning in what she wrote down. My grandson wasn't marked black and blue. like the mediator stated on the report. that was hear say.The principal of the school seen my grandson the next morning, when his dad went to report what had took place. that is why the principal wrote a letter to the courts, which was ignored, Were my daughters rights as a parent violated? She is the one that raised my grandson. I AM JUST ASKING. WHY....because we just got new information......My grandsons father was arrested and charged with spousal abused and is out on BOND. His girlfriend (which heats me up) called to let us know all this was a set up, the day this happened he had called my grandson and spoke to my daughter, at that my daughter had told the father that my grandson was being talked to because of his behavior at school, and in the back ground my grandson was crying and his father told my daughter to get the belt on him, and after she was done to take him to his place and that he would show him not to misbehave in school again ( my daughter never spanked my grandson) and the crying got louder and hasn't been touched.. All this is because he wanted out of paying child support, found out that he had another child, so child support was on him. The girlfriend is pressing charges on him now, And that after a few weeks my grandson started living with his other grandparents. court order isn't he supposed to be with his dad?

false reporting to credit bureaus

remax agent — Sun, 19 May 2013 01:26:35 GMT

Is there recourse. The reporting company has acknowleged the errors which go back fot a year.

My Wife refuses to get a job

stymie222 — Sat, 18 May 2013 15:39:36 GMT

I don't know where to post this question, but I will try here.

I am disabled, collecting Social Security which includes payments for my 2 children ages 17 and 15. Those checks will end when they hit 18.

My wife rufuses to work. She has without my knowledge, maxed out our main credit card, charging every day things that our meager SS checks did not cover. She is 48 years old.

I cannot work. If I do, I will lose my pension that now is entirely used to pay our Health Insurance premium. The disability entitled me to this 20 year service pension. I cannot work because of severe cronic pain and COPD, even if I lost the pension

We are living hand to mouth. I had discussed this exact senario 18 years ago with my wife and told her then that she should at least start an online business of some kind, or use her time to study for an occupation.

I don't know what recourse I have as a divorce will only make our lives seperately, poorer.

How can I force her to work, so we don't have to live like this ?

trust (oklahoma)

acdoolin — Sun, 19 May 2013 14:45:41 GMT

My father left a trust for his children, of whom I am one. When I and my siblings are gone the trust goes to his grandchildren. The grand children have decided to keep the trust in tact and the trust will go to their children. My son (my only child) was killed in a car accident a year ago. After his death I discoved he had fathered a child. Much to my delight, I might add. Here's the problem: My brother who is an attorney and sister are coexecutors. My brother and I do not get along. I am afraid he will deny my grandchild his right to the trust. What do I need to do to insure his right to the trust?