Houston Chronicle Sunday

Is it wise to file suit on condominum associatio­n?

- To send a question visit www.AskGeorge.net and select the “Ask A Question” button. Answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Proper

Q: I want to sue my condominiu­m owner’s associatio­n for not repairing the roof to my unit. Lawyers keep telling me that I am effectivel­y suing myself and not to bother with it. Why is that? There are over a hundred units here.

A: It may be good advice. Did you check on the solvency of the condominiu­m associatio­n? Today, they are required to give you that informatio­n. If they are broke, you may win the suit, but who will pay the damages? If they are forced to levy a special assessment to cover the loss, you must pay your share of that. If no one else pays their share, it can get very complicate­d. It can also affect the values of the condominiu­ms that are for sale. This may not be a good way to win friends and influence people.

Q: I’ve been contacted by some lawyers in Houston who want me to sign a deed back to the administra­tor of my uncle’s estate. It seems he died without a will, had substantia­l property, and I inherited a small part of it through my father’s estate somehow. I’m really confused about this, a little suspicious, and think it may be worth some money. Where do I go from here?

A: You’re going to need experience­d legal advice here. Find a good probate lawyer who can walk you through it. A lot depends on the kind of deed they want you to sign, your role in the inheritanc­e, the value of the property, and your relationsh­ip with the other heirs. Remember the old rule: pigs get fat, hogs get slaughtere­d.

Q: My daughter and her friend bought a house together and they are now breaking up. I’ve offered to pay him for his share of the house, but he won’t sign a deed until I give him a check. I won’t give him a check until he signs the deed. Who wins here?

A: It sounds like you both have already lost. Go to a title company or trusted lawyer to hold both in escrow and disburse the funds and record the deed simultaneo­usly. These situations have become very common today. Just get this worry behind you.

Q: I’m retiring and putting my house on the market. I have a rather famous person living next door. Can I use that in marketing my home?

A: No, what if this “famous” person moves? Will it encourage someone to buy your home? What may be famous to you may not be famous to the next buyer. In our opinion, “George Washington slept next door” is not a good marketing technique.

 ??  ?? GEORGE C. STEPHENS
GEORGE C. STEPHENS
 ??  ?? CHARLES J. JACOBUS
CHARLES J. JACOBUS

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