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August 2018 Archives

How can I start an HOA?

Although there are plenty of homeowner association horror stories and nobody claims to like them, they continue to grow in popularity. According to Investopedia, half of all new houses in the U.S. between 1980 and 2000 were built and managed under an HOA. Typically formed by developers, homeowners in areas not governed by a community association are organizing them too. They recognize their use in handling issues such as security, ensuring property maintenance and contracting for services not provided by local governments.

Granting power of attorney

A common misconception that many in Saint Charles have about estate planning is that it only involves preparing for how one's assets will be distributed after he or she is gone. It is important to remember that estate plans should also consider what to do in the event a person's ability to make decisions for him or herself is hindered. This is where the idea of power of attorney comes into play. While handing over decision-making responsibilities to another might seem disabling, one should know that Missouri law does not leave him or her at the mercy of an attorney in fact once such authority has been granted. 

Altercation between landlord and tenant ends in shooting

Landlord-tenant relationships in Saint Charles may often begin with the potential of blossoming into a well-functioning friendship free of discord and animosity. Yet as is often the case in any business relationship, specific details regarding the obligations of each party might place strain on any personal ties that the two parties share. In such cases, rather than remaining cordial, a landlord and a tenant may become downright hostile towards each other, resulting in actions that could potentially endanger the well-being of both. 

Can a tenant sublease your space?

Imagine showing up at one of your rental properties in Saint Charles and being surprised to see someone other than the tenant answer the door. When you ask where the tenant is, the stranger responds by saying that the tenant had to leave, and subsequently allowed him or her to move in. Yet the stranger also tells you not to worry: he or she is paying the rent payment to the (now former) tenant, who plans on then paying it to you. 

What to know if your HOA is facing a personal injury lawsuit

While you might appreciate all the opportunities that come from being a member of the board of directors for your Homeowner Association (HOA), you are also afraid of what happens when one of the local homeowners decides to take an issue to court. You and the rest of the board will have to discuss how to deal with something that can be potentially very damaging to the association.

Beginning the probate process

Your reluctance to dive into your estate planning is understandable given that few people in Saint Charles like to face the prospect of their own deaths. Doing so, however, is important if you hope to avoid issues with the distribution of your estate. Yet almost as important as preparing an estate is also preparing those who have been chosen to administer it. Many clients have come to us here at Stephen A. Martin Attorney at Law after having been asked to serve as the personal representative of an estate, yet not knowing what to do when their loved one dies. 

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Saint Charles, MO 63301

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