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    Monday, June 29, 2020

    Legal Advice HOA levy fines even though not part of HOA

    Legal Advice HOA levy fines even though not part of HOA


    HOA levy fines even though not part of HOA

    Posted: 29 Jun 2020 05:42 AM PDT

    Location: Kissimmee, Florida

    Situation: My parents had an existing fence on their property that was falling apart. They tore the old fence and built the new one without a building permit. A couple of months later they receive a notice from HOA stating that they are in violation of "the Governing Document because [they] had fencing installed without filing a building permit with Osceola County or notifying the Architectural Control Committee as per the Deed Restrictions requirement".

    My parents are not part of the HOA. The notice also includes the following statement: "Additionally, our records indicate that you are not a member of the [redacted] Homeowners Association. We highly suggest that you complete the enclosed application and submit this with the annual dues of [deducted]".

    They were invited to attend a HOA meeting to contest these fines however they were unable to attend due to an emergency. Since they did not attend the meeting, the HOA levied a $1,500 fine and plan to file a property lien against their home. My parents tried to get more information but the number provided does not return their calls.

    At the moment I am trying to pull deed records from the County to determine if there are any deed restrictions. I plan to help the folks to contact the HOA representatives if they do another meeting regarding the fine.

    Question(s): Can the HOA impose fines if my parent's are not part of HOA? Or is it dependent on what the Deed Restrictions says? It just appears counterintuitive to not be part of a HOA yet they have to still receive approval for a fence regardless of Deed Restrictions.

    Outcome: We are hoping to remove the fine.

    Thanks in advance for any help.

    Edit: I received clarifying information from the folks. HOA has yet to put lien on the property, they only threatened.

    Update 1: I found the deed however its (1) page. I am not sure if this is typical for HUD purchased property. There is some language that concerns me regarding restrictions which I commented below. I understand that any comments/advice received is not legal advice.

    Update 2 (1:59 PM): I found the Record Plat and and saw no mention of HOA, nonetheless I told my parents to call the Title Company for more details. I will sort through their sales documentation later tonight.

    Update 3 (3:15 PM): Unfortunately I found the restrictions document/covenant titled "RESTRICTIONS ON REAL ESTATE FOR [redacted subdivision]" and my parent's lot/Record Plat. I found the documents on the county recording website.

    "No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to the quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finish grade elevation."

    submitted by /u/hello_friendss
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    Manager docked my pay, because I was waiting for a meeting to start.

    Posted: 29 Jun 2020 10:13 AM PDT

    (Oklahoma)

    We had a meeting at 2:00 to discuss new equipment we have recieved. I show up at 1:45 to attend the meeting, then plans changed at around 2:05 waiting on other techs to show up. So the meeting ended up starting at 2:30. I was pulled into the office and they claimed I shouldn't be getting paid an hour for "just sitting at the office."

    They then proceeded to dock 1 hour of my pay from my paycheck.

    I think this is major bullshit... is this against labor laws?

    submitted by /u/I_Am_YungAce
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    North Carolina: Sold a used vehicle by a dealership that failed to disclose it didn't possess the title. What recourse do I have?

    Posted: 29 Jun 2020 07:28 AM PDT

    61 days ago I purchased a used vehicle from a branded car dealership. As of today, the dealership still hasn't acquired the title and therefore the vehicle still can't be registered. My temporary marker has long since expired and it seems, at least to me, that the dealership is stalling for time(numerous emails without reply, told numerous times I'd be given a call back and received nothing, etc.) Here are the relevant facts:

    • The vehicle is not currently titled in North Carolina, but is instead currently titled in California.
    • The dealership did not disclose to me that they didn't possess the title prior to purchase, neither verbally nor in writing
    • The dealership can be proven to have possessed the vehicle more than 40 days prior to my purchase
    • It has been exactly 61 days since the date of my purchase

    I've been reading through North Carolina's General Statutes to get more information, sourced here and more specifically here and it seems as if I'm entitled to a full refund/cancellation of the sale, but admittedly the legal language is over my head at points. Am I reading subsection b of the second link correctly in that I'm entitled to the refund? Did the dealership violate subsection a of the second link when they failed to disclose their lack of a title? If so, what further recourse do I have?

    submitted by /u/WallyRenfield
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    I was falsely accused of shoplifting and now I'm getting harassed with letters and phone calls demanding payment

    Posted: 29 Jun 2020 03:22 AM PDT

    This is in MN btw.

    So a couple months ago I was stopped by Cub Foods loss prevention on my way out. They pulled me back in, brought me to some office thing, and told me I stole a pregnancy test and asked me to remove the object from my purse. I told them I didn't take anything except the gallon of milk I bought and that I never even went into that aisle. They ignored that and asked me again to remove the object from my purse. I told them the same thing, and to check the cameras, but they called the police instead. When the officer showed up about two hours later, I stuck to my story and so did they. The next half hour was basically a waste of time and they tried to tell the officer that there must have been something funky with the cameras because it didn't record me over there, but they saw it. Which they couldn't have, the video clearly showed me walking into the store, go straight for a gallon of milk, pay at the self-check out, and then attempted to leave. Eventually, they admitted they didn't see it but were told by an employee who was told by a customer that he saw 'some blonde bitch' putting a pregnancy test in her purse. Apparently I was the only blonde they could find.

    The officer told me that LP didn't follow protocol at all and messed up big time, and I didn't get arrested or charged or anything like that. But I was told to stay off the property, and now I've been getting letters demanding payment in the amount of the pregnancy test, which I obviously haven't paid. But for the past few days I started getting phone calls from an unknown number multiple times per day, which I initially ignored because who even answers those calls. Yesterday they called me a total of six times, so the last time I answered to see if it was actually important. It was the attorney's office calling to make a demand for money regarding the 'shoplifting incident' that never happened. Is this legal? Can they demand money from me when even the cop dismissed it? Can they keep calling so much? If I just pay them will they leave me alone? What should I do?

    submitted by /u/ExKingofSpain
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    House sold with private beach access, not true.

    Posted: 29 Jun 2020 10:52 AM PDT

    Edit: Ontario, canada

    We bought a house about 8 yrs ago with 'private beach access' and was told to us many times to be 'shared deeded access'. We have now heard this is not true and the city owns the stated land. Another neighbor is set on buying the land or a squatter claim as they mostly maintain the land. We were told the documents go way back and as such they did not have them but would be on town record.

    The only written mention of it is in the posting (which we have a screenshot of). We were certainly made to believe we had this access the whole time by realtor and seller. Recently another house sold with the same access promised, when it was proved to not be true they were credited 40k. Do we have any recourse? There is no mention of the land in title insurance so I don't know if I can go down that road.

    Thank you for any advice.

    Tdlr: bought house with private beach access advertised, recently found out that's not true. No documents to go on but the listing

    submitted by /u/Sasha3100
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    Our apartment has fallen apart due to terrible materials & we could have massive fines we won't be able to afford

    Posted: 29 Jun 2020 09:27 AM PDT

    My wife and I live in Texas, and our apartment is falling apart. We've been here less than two years, we're not slobs, but the floor is already coming apart, cupboard doors are busted and falling off, one of our closet doors can't close all the way now, and the walls are so terrible if a single water droplet gets on them it leaves a permanent gray smudge. our walls look like a crack den now because of it. an ice cube fell out of the ice dispenser in the freezer door overnight earlier this year and left water damage so bad in just a few hours the entire area it melted on bubbled off and is just an exposed dent, and now there seems to be a bad silverfish infestation on top of all this. The shitty material used on the cupboard interiors has bubbled and peeled with light use, the balcony door's deadbolt no longer works, and more.

    Looking at reviews since we moved in (the complex was only 3 or 4 years old when we moved in) and others have had similar problems, but upon moving out they're getting charged in excess of $10-15k in damage fines. at this point I figure it's all part of a scam to use the worst possible materials, issue massive tenant fines upon moving out, spend a mere fraction on repairs, and pocket the rest. looking at similar pics on other reviews and it seems we could get slapped with as much as an entire year's worth of rent in damages and fines. how are we ever supposed to repay that? we have to let them know if we're moving or staying by end of July since they require a 60 day notice of intent to vacate. at this point we're almost done with this place but if we can't afford to pay our leaving fines then what are we gonna do? What recourse do we even have? It seemed so much nicer when we moved in but the rate it's deteriorated is astonishing, and we've taken great care to not damage anything since this is both of our first apartment.

    submitted by /u/dumpAccount6996
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    Got a call from a man telling me he had "a lost check" for me for "some stocks", but he had my former address and my mother's name and kept asking for personal information. Help? Scam?

    Posted: 29 Jun 2020 12:27 PM PDT

    Not ten minutes ago I got a call on my cell phone. A woman kept asking me if I was [last name] and I've been waiting to hear back about a job, so I confirmed that this was a [last name] residence, thinking it was the job. Once I confirmed my last name, she yelled for someone and a man got on the phone. He kept pressing me for details which set off all my red flags - asking if I was my mother's name, or maybe that name was my mother? Since my hackles were now up I confirmed nothing more. I asked for his name and phone number, he said he has an office in NYC and gave me the url for the website, which is usassetfinders.com. He said he had a check for me. I asked, trying to get details, where or who the check was from. He said, "Some, uhh, some stocks? Possible? Possible?"

    I have never bought stocks. I think my father may have, once, maybe. Both my parents are, notably, still alive, but they're also abusive so if I have to bring this up with them I will but I'd rather not. We're low-contact but not no-contact.

    This smells like a scam to me. Some google searching revealed this which sounds like maybe what I'm dealing with, except that I'm not 80 - I'm 31 - and he didn't tell me who the check was from.

    The company did bring up an office in Brooklyn, like he said, when I googled it. From that article it seems like maybe I do have a legitimate check addressed to me, or possibly my mother, and this guy is trying to play the middleman. But how can I get it if I don't know who it's from? What do I do?

    Help please!

    ninja edit I ended the call by getting his phone #, which has a local area code, spelling of his name and that website url and told him I'd call him back.

    ninja edit 2, sorry, definitely kind of panicked and my brain's everywhere from the call - the guy said towards the end of the call "of course we charge a small fee" which was like red flag #782 by that point.

    submitted by /u/TiredFlower3
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    House builder failed to meet code in our master shower and now we're having to fix it but they say it's not their issue

    Posted: 29 Jun 2020 10:50 AM PDT

    Built a house 3 years ago with a company known nationwide for house building. We have had multiple issues but this so far has been the worst in our master shower. We had to hire tile guys out after over 50% of our tiles split in half and the bench in our shower was leaking. The guys started work today and after ripping up the old tile and pad they discovered code issues such as a metal lathe not being installed per code, the pad underneath the shower not being installed correctly, and some framing issues. The subflooring due to poor workmanship and possibly due to the code violations is getting wet and some significant water damage. Were assessing whether it needs to be redone and in that process reached out to our builder who we have a warranty with. They say the warranty is only for the foundation now and that they will not cover any costs associated with the shower not being up to code and to contact their subcontractor tile crew. We are waiting to hear back from the tile crew but are wondering if we may have a case if our current tile guys were able to write up something that says it was due to their failure to not meet code that caused these issues and have either the home builder or their subcontractor cover the cost of the subflooring repair since that shouldn't be damaged. We may have more problems in the future since it looks like the subflooring in our master bathroom was affected by the leaking shower. I know we may have to look at small claims court but I am wondering if this is something that we could potentially pursue since it's seeming to be a code violation rather than a wear and tear issue.

    We are in SC if that helps.

    submitted by /u/bridalpartywoe
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    Grandparents bought a house in the 1960's but never got the deed. How do we get it now?

    Posted: 29 Jun 2020 10:07 AM PDT

    My grandfather paid off his house in 1963 and never received the title from the bank when he did so. The people who sold them the house were older at the time so they're long gone. My grandfather has paid taxes on the house every year but the county (in Texas) states that there is no deed but they say they have some proof of a transaction that the house is his. My grandfather is trying to get his assets in order as he is at an advanced age. The bank where he financed his house no longer exists as it was sold off into a bigger bank. How would my family go about helping my grandfather get a deed to his house?

    submitted by /u/radparr
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    COVID no Vacation

    Posted: 29 Jun 2020 01:07 PM PDT

    My employer has stopped us from accruing PTO during COVID. We didn't agree to it or sign anything. Is that legal? I am in California

    submitted by /u/jillpedron
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    Can I sign something that ensures that my life isn’t prolonged artificially?

    Posted: 29 Jun 2020 02:58 AM PDT

    I'm from England. I have a really big fear of becoming a vegetable, and suffering without being able to communicate. Is there something I can do to make sure that doctors won't keep me alive in this state? I know that euthanasia isn't legal in the U.K, so I'm not sure if I'd be allowed.

    submitted by /u/Fourfoottenpixie
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    VA- landlord has 30 days after final inspection to find more damage? Even after new tenants move in?

    Posted: 29 Jun 2020 04:01 AM PDT

    VA.

    Broke our lease early, pissed off our landlord but they were able to find someone new effective July 1 (we moved out mid-june). So no harm no foul.

    Did the final walk through two days ago. Both signed off both checklists, I took photos of his, vice versa, etc. I took photos of anything he pointed out.

    Now he's texting me photos of random minor issues asking for "explanations." Most of the "issues" are things like glue holding on decorarive glass panels; it's not damage, it's just poorly installed and has always been like that. He says he has 30 days to find any new issues that "could possibly be the old tenants responsibility" and we might be responsible for them.

    This makes no sense to me. Why do a final walk-through if he can go nitpick shit later without me there and charge me for it? We spent 3+ hours walking through the house, he had plenty of time.

    He says VA law allows this. It's nowhere in our lease. I can't find it in the law, but I haven't don't a deep dive. Can he really do that or is he blowing smoke (again)? It wouldn't be the first time we've butted heads over whose responsibility things are...

    submitted by /u/jnm475869
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    Closing on a house tomorrow, and it appears to be encroaching on neighbor's property. (Paint diagram) [Birmingham, AL]

    Posted: 29 Jun 2020 07:46 AM PDT

    Last night, I was looking at our parcel using our city's ESRI ArcGIS software, and noticed that the side of our house was over in our neighbors property by 0.5 feet at the narrowest, 0.9 feet at the widest, all over a 36 foot run.

    I'm certain the settlement agent will do their due diligence in making sure all is clear, but independently of that (and preceding last night's information), we ordered a boundary survey 5 days ago (through our realtor, so I don't know if that information will be present by closing).

    The house is 100 years old, and we thankfully elected to get an owner's title insurance policy due to my persistent anxiety and browsing habits of /r/legaladvice.

    I don't even know if this is an issue yet, but still would like to know what some possible outcomes are, and what steps we can do to mitigate/prevent issues down the line.

    The promised (albeit lackluster) diagram here: https://i.imgur.com/OJK7tX7.png

    submitted by /u/NotFlameRetardant
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    What happens to a plaintiff's law suit if they happen to die before it's over?

    Posted: 29 Jun 2020 12:56 PM PDT

    Hypothetically, if the victim/plaintiff in a personal injury case happens to die somehow before the case is closed and they receive any reward money, what happens to the case and money? Can the victim's family still carry out the case and receive the money?

    What if the victim dies of suicide, and it is found that the reason for the suicide was partially that they were upset about the injury and lawsuit situation?

    Can the victim write in their will that they'd like the lawsuit to still be carried out in the occurrence of their death? Can someone who's a dependent even write their own will?

    What if it is a young person in their 20s, and they don't have a partner or children? Can the money go to their family (parents & siblings)?

    This is all hypothetical. Just curious. Thanks :)

    Location: New Jersey, USA

    submitted by /u/Licht_3
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    Ex husband is getting on base housing and work under my name (FL and PA)

    Posted: 28 Jun 2020 09:10 PM PDT

    Hello! A few years back I moved onto a military base in Florida with my (now ex husband). His personality changed right away and he became abusive, started spreading rumors about me on base, and tried to get me committed so he could isolate me from the outside world. Needless to say, I lived at that base for about a month before we separated and divorced a few months after. We've been divorced legally for roughly a year now (no alimony or anything, I was glad to get out with my life tbh). So I just noticed that I'm getting email updates about "my lease" and housework that's been done under my name to my former home. The thing about in base housing is that you don't get it unless you are married and sign a housing lease ever year. So it's my impression (will confirm this tomorrow with the leasing office) that my ex husband and his gf are masquerading as me so that they can live on base for free (downloaded WhatsApp for work and email contacts imported in, I happened to notice how this woman was so similar that she even had the same haircut as me -- not surprising since he decided how I could wear my hair), get the extra marital paycheck from the military, and put all the work under my name. What should I do in this situation? I'm planning to see if I can get a copy of the original lease and the forged one. I'm not sure where else to go from here.

    submitted by /u/StarRevoir
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    ESA letter and landlord approval

    Posted: 29 Jun 2020 01:13 PM PDT

    So I am a tenant in an apartment in California and have been renting my current apartment for 5 years as of September. Not sure if this is important or not but I have never missed a monthly rent payment or have been late. I have been a good tenant, never had any complaints about myself.

    I struggle with chronic severe migraines and one trigger is my high stress job. I recently found/rescued a feral kitten that was starving and was underneath my car. I got a ESA letter from my physician that I currently see twice a year if not more then that that. She is the one i see that manages my migraines and stress related migraines. My ESA letter is NOT one that was purchased via an online website.

    According to my lease that I signed years ago back in 2015, there is absolutely nothing stating that I cannot have pets in the apartment. The new apartment manager, who started maybe 2 weeks ago, stated the owners don't want pets in the apartment, but my SO and I both looked it over and it does not mention anything about pets not being allowed.

    According to my lease, I should be able to have pets since nothing is states otherwise, but I wanted the ESA letter regardless especially for flying. I gave the owner the letter, and filled out his paperwork he needed me to fill out for the ESA stuff last Wednesday. Basically just approval to contact doctor. I feel like he is stringing me along on the approval. My doctor is super responsive so if that is all he needed then a week should be all he needed. Legally for Fair Housing Act, is there a time period that he has to get back to me by? Or are landlords allowed to take their time approving ESA letters?

    TL;DR: live in CA. Gave landlord ESA letter. Is there any legal timeframe that they are supposed to get back to me by? I feel they are stringing me along.

    submitted by /u/TheClumsyFox
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    My estranged mother died in Florida

    Posted: 29 Jun 2020 07:34 AM PDT

    What are my responsibilities? Does the state just take care of it. She had alot of problems to put it lightly, and I had to separate her from my life years ago. Am I supposed to do something?

    submitted by /u/Morbo_Doooooom
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    HOA Targeting Kids.

    Posted: 29 Jun 2020 02:19 PM PDT

    Hi Reddit Community,

    This is my first post and want to see what everyone thinks. Since COVID-19, more kids have been playing outside of our Condos including my child. This is in California. Its very peaceful and quit even with the kids riding bikes. The kids usually ride bikes with their parent. Now HOA posted note on everyone's door stating the following:

    AS PER THE CC&R'S, BY-LAWS, RULES & REGULATIONS, RECREATIONAL / SPORTS ACTIVITIES OF ANY KIND ARE PROHIBITED WITH THE COMMON AREAS, DRIVEWAYS OR LANDSCAPED AREAS OF THE ASSOCIATION.

    THIS MEANS TO NAME A FEW:

    • NO BASEBALL PLAYING IN DRIVEWAYS
    • NO SCOOTER RIDING
    • NO BIKES, TRIKES, OR MOTORIZED RIDING CARS
    • NO MOTORIZED TOY CARS
    • NO SKATEBOARDING
    • NO ROLLER SKATING / ROLLER BLADING

    THIS IS A LIABILITY FOR THE HOMEOWNER'S ASSOCIATION AND MEMBER'S ACCOUNT WILL BE FINED $250.00 FOR NON-COMPLIANCE, PER OCCURRENCE.

    Can they do this? I know it doesn't mention children but thats who the HOA is targeting.

    I see a lot of couples walking around the complex (light jog or brisk walk), is that also considered recreational activities? If so then if they try to fine me for riding a bike then they have to be fair and fine people from walking around as well. If you look at the pic, the examples they mentioned are what the kids have been doing towards the late afternoon (riding bike, playing catch, riding scooters etc).

    What do you all think? Can they not let kids play?!

    submitted by /u/calireader80s
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    SC Court summons sent to address I never lived at, two years after original court date.

    Posted: 29 Jun 2020 02:12 PM PDT

    I am seeking the best option for what I can do to get this cleared up, I don't have a lot of money for a lawyer and I am not sure if I need one.

    In 2012 (age 18) I got in a fight with a friend and threw a bunch of her stuff around in her apartment (mainly I just dumped the trashcan over) and was arrested for malicious injury personal property under $1000. I went to court for it about a month later and the friend involved didn't show up to court and I was told that I would be contacted with a new court date.

    I lived in SC for 3 years after that and my address was always updated with the DMV. I eventually made up with the friend and she told me she didn't intend to take me back to court for it so I kind of forgot about it. So a few weeks ago I did a background check on myself via our states publix index and discovered I was issued a summons for court two years after the first court date, and the address they had on file was never my address, it was her address and also a student housing complex so she didn't live there when the letter was sent either. I didn't show up obviously so a judgment was made in my absence of guilty, then a bench warrant was issued in 2014. Then the bench warrant was recalled in 2015. The last record says "case archived" and that was in 2017. I also got married during this time and I filed taxes every year in-between then and now so it's not like I have been hiding.

    It says I need to pay a fine of $800, which I would be fine with if that's the end of it. However if there is anyway for me to get the judgment reversed or expunged that would be better as I am trying to go to nursing school and while it won't disqualify me it will make me a less desirable candidate and it doesn't seem right that something I did when I was 18 should follow me forever especially since I never got the chance to defend myself.

    submitted by /u/bisonbarbie
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    Ex-Girlfriends family trying to get me fired for podcast episode

    Posted: 29 Jun 2020 02:05 PM PDT

    I made a podcast episode with some friends in which I shared some stories like: losing my virginity, and getting a bad blowjob. I never used my ex's name, or any other identifying characteristics, but somehow she heard it, and was not pleased with me sharing those stories. She requested I take the episode down and I did out of respect for her.

    The next day I get a call from my boss. He tells me someone emailed the company and said that I defamed multiple women without their consent. The executive director actually decided to fire me before my direct supervisor stood up for me.

    The podcast is not linked to my work at all, and I have never claimed to work for them on any social media, so I don't understand why it is their business anyway.

    I guess I would like to know if I am safe from getting fired for this stuff, or if they have any right to come after me, especially after deleting it per their request.

    submitted by /u/butchie316
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    Employer provided incorrect work hours to Employment Security Department which is preventing me from getting unemployment. How can I get this fixed?

    Posted: 29 Jun 2020 10:59 AM PDT

    Thanks in advance for your time/input.

    I live and worked in Seattle, Washington. I was laid off June 19. I tried to apply for unemployment but was denied for not meeting the minimum work hour requirements (680 hours in a year). I have been a full time salaried employee since February 2018. The Employment Security Department (ESD) shows that I only worked 16 hours for the last 2 quarters of 2019, which isn't correct.

    While I was still employed I had an HR case open for 2 weeks to get this resolved but nothing was done. Is there any agency I can reach out to in order to get this resolved? I do not have confidence in my employer to fix this in a timely fashion. The unemployment office is so backed up they are not taking phone calls and I submitted a message a week ago with no response as of yet.

    submitted by /u/le_stink
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    Did the seller of the condo I'm in escrow in misrepresent the unit as having parking when the spot is 15ft long? (SD, CA)

    Posted: 28 Jun 2020 08:09 PM PDT

    I put in an offer and have been proceeding through escrow under the assumption that I had parking spot "A" deeded to me, which is 19ft long (thankfully confirmed in writing by the seller's agent). Now that we've gotten the preliminary title report, it turns out I would have spot "B", which is 15ft long.

    Obviously, I'm pissed. More than anything, I believe they misrepresented there being parking at all, because here in San Diego the minimum requirement for a compact car spot is 16ft long. That means the "parking spot" advertised isn't even a spot at all, right?

    I still have my contingencies, but now I have to consider that the unit may have been misrepresented to me. Would I have the grounds to my earnest money deposit being returned to me for a breach of contract?

    Edit:. Thanks for the advice. It turns out the seller was "unaware" which means they were either sheisty and hoping we wouldn't find out, or were dumb enough to spend hundreds of thousands of dollars on a unit without understanding what they were buying. Either way the seller will either accept 15 grand in closing cost credits or I'm out!

    submitted by /u/scrubasorous
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