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Condo Assoc changing legal description of property

Discussion in 'Condo & Co-op Issues' started by Mamasita1227, Jan 5, 2017.

  1. Mamasita1227

    Mamasita1227 Law Topic Starter Guest

    Condo Assoc changing legal description of property by removing the deck. Can they do this? Also they were in receipt of funds prior to bringing a law suit against me for the funds they were in possession of plus attorney fees, is this legal?
  2. army judge

    army judge Super Moderator

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    Legality is determined after the conclusion of a trial.

    I suggest you aggressively DEFEND yourself by hiring a licensed attorney in your county.
  3. adjusterjack

    adjusterjack Super Moderator

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    They aren't changing the "legal description" of the property. The "legal description" is what is on your deed that describes the real estate that you own. That will never change.

    However, if your deed says you own the deck then you can seek an injunction to prevent the removal, or compensation if it has already been removed.

    If the deck is a common element then you will have to study your CC&Rs to see if the HOA has the right to remove or alter common elements.

    Of course, it's legal.

    If you have a defense against a lawsuit you raise that defense in your response and at trial. That's all anybody can say about that without more details about what happened.

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