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Found 60 results

  1. My mother has serious health problems and her will is very outdated. She has asked me to help get her affairs in order over the next few months. Due to creditor problems I am experiencing, I don't want to receive anything from her estate directly. I want her to set up a trust or something you can recommend, for my children to fund their education. I can be the executor since they are all under 18 years old. What is the best way and preferably a simple way to make this happen? Thanks.
  2. Ok so my friend made an agree ment with another friend that he would make one 600 dollar payment for the first then 4 more smaller payments until the 1300 they agreed apon for the car was payed weve had the car since monday. And the transmission is syarting to slipp and today the radiator blew every were and when asked about it the said friend said he can no longer make the payments hes taking the car back and we just loose the $600 we allrwady gave him.... Please someone tell me that he cant just keep the money and take the car back....
  3. We want to move a Board Director and will be requesting a special meeting per: IDAHO NONPROFIT CORPORATION ACT: 30-30-502 Special meetings -(1) A corporation with members shall hold a special meeting of members. (b) Except as provided in the articles or bylaws of a religious corporation if the holders of at least ten percent (10%) of the voting power of any corporation sign, date and deliver to any corporate officer one (1) or more written demands for the meeting describing the purpose or purposes for which it is to be held. 30-30-608. Removal of directors elected by members or directors. (1) The members may remove one (1) or more directors elected by them without cause. (5) A director elected by members may be removed by the members only at a meeting called for the purpose of removing the director at the meeting notice must state that the purpose or one (1) of the purposes, of the meeting is removal of the director. (7) An entire board of directors may be removed under subsections (1) through (5) of this section. We need 7 signatures to request the meeting per our bylaws. We need one more signature and one of our Board Directors would like to sign the request. Can he do this without it being a conflict of interest? Nothing in the bylaws says he can't. Thanks.
  4. Our HOA requested a special meeting to remove Board Directors who hired a property management company and increased our regular operating costs by over 400%. The special meeting was held and enough homeowners voted to remove the majority of the Board Directors. At the meeting, we were handed new bylaws by the property management company (we previously did not have any) that make it difficult to change our CCRs or Bylaws. Per the new bylaws, we now require 26 out of 40 homeowners to pass a vote on anything. There are 15 homeowners who want property management and no CCR or bylaw changes. Our CCRs say that 21 owners is majority for a vote to pass. My questions are: 1) How can we change or remove these bylaws since they were inflicted on us with no review or input? 2) The bylaws were signed after we submitted the request to remove Board Directors. Is it acceptable for a Board who knows they could be removed to put bylaws in place without the homeowner's knowledge? 3) At the time the bylaws were signed, there were only 2 Board Directors (there is a requirement to have 3 to operate legally) and a 3rd had resigned prior to the meeting. The Property Management Company said he was "aware" of and reviewed the Bylaws. He did not sign them. Are they still valid? Thanks.
  5. My dad died 2 years ago leaving my mother behind, they had a will made up and they wanted everything sold and split between my 2 sisters and myself. The whole family knew it..there was no secrets there, however they didn't resubmit the will to have everything split 50/50 between my oldest sister and i. they had it ready but unsubmitted, my parents didn't want my oldest sister in charge because she has a way to manipulate and control and she wouldn't be fair in any decisions. they had asked me to be p.o.a. because they didn't trust my sister especially in end of life care..well my mom had dementia. After my dads death she declined rapidly. i am the only one who would help her she required 24x7 care, well before she got to stage 3 she had appointed me poa and conservatoire when she became unable to make sound mind decisions. she told me what she wanted in her will and her and i sat down and wrote out her wishes and her second will with her and another witness. We had it notarized and had 3 copies one for mom , myself, and county clerk. this was in Feb 2017, my mother was at a stage 4/5 by end of march 2017. her doc wrote 4 letters of my mothers need for live in care and about her cognitive problem too saying she was no longer able to make her own decisions. the first letter was in march 2017 and the last one i believe was in end April/may2017. my sister came to give me couple hours off and managed to empty my moms office of all her paperwork, documents, will, everything. kept what she could use to her advantage and burned the rest , i have no records of these documents now, she kept everythjing hidden from me when i demanded to know what she was up to when she would come "relieve me for a few hours" including written agreements made between my dad and mom for some financial help i recieved from them and the reciepts then made up a will that wasn't even a option to consider by my mother, but mother wasn't in sound mind, so my sister had these documents signed taking me off poa, guardian, conservator, executor. then took me out of the will and making accusations that i forged checks of my parents me in the will. i have a financial time line of my moms banking that was locked up. there over $10,000 missing, my sister opened up a account in her name and put my moms money in there with out mothers knowledge, then made her self moms social sec payee. the list goes on..i have recorded conversations that my sis stated what she was doing, but because i was on moms cell phone family plan, my sis had it shut off, i cannot access it because i went to a different cell phone carrier, the list goes on with what she has gotten away with, shes done it so well she looks legal but i know better, so do other people in the family and people who know the family. She's trying to get me in trouble, she has taken 90percent of mom and dads stuff and hidden it in storage units . i want to know what i can do to prove she's done this and let law take its place.
  6. Hi, we have enough homeowners to make changes to our CCRs (60%). Do we have to rewrite the entire document (40 pages) or can we create an amendment document that references the sections we are changing? Do you know of any website references/examples that can guide us through the process? When we create the document, we will pay a lawyer to review and make any necessary changes it prior to filing. Our budget is tight so we don't want to pay a lawyer to do it all and we have several savvy business people volunteering to create the paper work. Thanks.
  7. Hi. After waiting patiently for over 7 months to hear back on our I-129F application, we got what looks to me like a simple form letter "RFE" demanding even further definitive proof that we have been in a long term relationship (my fiancee got the letter, as she is the petitioner). Can anyone please help with a recommendation of an affidavit letter format so that we can get a couple who know us well to execute it and get that back to USCIS? If pictures and airline tickets and passport stamps et al are not enough, I am not certain what else may help. However, we are not giving up. We've known each other since grade school and have been given a chance for a new and happy life together. If there is any additional advice or suggestions on truly acceptable 'evidence', we would appreciate the knowledge. As an aside, we signed up for the email/text alerts on the USCIS site last fall, and are curious as to why we did not get an alert for this hurdle. Many thanks.
  8. Dwp

    I got pulled over and charged with dwp. The cop told me to come in the following Monday to talk with him. And if I didn't he was going to issue a warrant for my arrest. Does he have the right to do that.? And my court date isn't until the following Friday. So it's not like I missed court or anything. So what gives him the right to issue a warrant for my arrest.. I'm confused by it and feel like he is threatening me for no reason. Thanks
  9. I'm posting this for a friend. He recently had his property surveyed and the neighbor's fence is on his property by several feet. It's a long stretch of land and he sent them an email requesting it be moved. They haven't responded. He wants to put up his own fencing for livestock that is much sturdier and he needs to know how to make this happen. Should he send a registered letter asking them to move their fence by a certain date? If they don't move it can he force them to move it legally or have his fencing contractor remove it to put in the sturdier fence? Thanks.
  10. We are terminating our contract with a property mgmt co. Our bylaws say we need a Fidelity Bond for anyone handling Association funds. One of the Directors think it's part of our general HOA insurance but the Bylaws say Section 6.16 Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association handling or responsible for the Association funds shall furnish adequate fidelity bonds. The premium on such bonds shall be paid by the Association. Does this mean a Fidelity Bond is tied to a person? It sounds as though we need to acquire the bonds and then we are reimbursed. What happens if one of us has access to the bank account and we don't have a Fidelity Bond? Thanks.
  11. We recently elected new Board Directors. They want to make additions to the CCRs requiring perimeter white vinyl 3 rail fencing around each lot to match fence put in by the Developer years ago in several common areas. CCRs require 60% of the neighborhood for change approval. I bought years ago and can't afford to put this fence around my 3 acre perimeter. Do I have to comply with the new rules if they go through on a vote or am I bound by the CCRs that I signed when I closed? They are also trying to add that no interior fence is approved without the perimeter installed. The CCRs I signed at close does not require perimeter fencing at all. We have $30 a day fines for non-compliance. Thanks.
  12. Who would I contact to see about changing probation officers in Idaho. I'm on misdemeanor probation and my probation officer was also my daughter's probation officer. It's getting to the point of conflict of interest! He filed a violation for the use of kratom yesterday. He brought it to my attention 2 weeks ago and said he was going to violate me for it but is just barely getting around to it with Christmas being 13 days away! He has never been able to treat me objectively because he supervised my daughter before me. I'm on probation for possession and graduated a specialty court in May. I had one relapse on meth in June and immediately told on myself. I take the kratom cause it helps with my depression,pain and energy. I don't abuse it and don't have cravings for other substances while I'm taking it. I think it's better for opiate addiction than suboxne! So frustrated that I can be violated for something that is sold over the counter! It's not a controlled substance!
  13. I was told to sign a probation document by 11am Tuesday HR was gone till 12. Accused of coming to work on drugs. Took a drug test to prove I was not. Whole office has yet to take any test. Can I be told to sign a document when I cant talk to HR without the fear of being fired before doing so?
  14. Hey so here's the fast version my boyfriend had a controlled buy done on him over Facebook, but there was no way it was going to go through if he'd just fought it cuz the guy moved states and wasn't going to testify. But they offered to let him out on an OR if he plead guilty and then he skipped court. So he got sent on a rider, but he just flopped it and is coming back to county to see the judge. They decided he'd gets 5years 3 determinate sentenced to prison if failure to complete the rider. My question is since he is going in front of the judge again can he change the sentence? Or is it now up to BOP ? Do u think asking for a motion to appeal is possible or change of sentence to like a rehab or something? He's already been to prison before though. There has to be something we can do. I know someone who plead crazy and got their sentence dropped. Any suggestions ?
  15. I have read that annual elections are normal process/procedure for HOA's, i.e. it is to operate as a democracy. If the majority are not happy with the direction of the Board, change is and should be inevitable. However, recently one board member resigned due to inappropriate remarks, and the remaining board members simply appointed yet another friend. We captured a written statement from the new member "It was a mistake for me to accept to be on the board, and is a reminder of my reality, I am too busy and my family time comes first. With that being said I don’t know how much help I will be to you regarding the HOA, I will be stepping away from it as soon as reasonable.". We filed a petition asking for the removal of the board, and an election of a new one. The comments back is that the current HOA board and HOA management company do not need to hold an election. There are currently no bylaws for this HOA. Is there no state law/code to govern non-profit HOA's, appointment of board members, and to force elections? How do we force an election so we can end the dictatorship?
  16. We live in a condo development and the majority of the owners want to hire a new property management company. Our HOA Board wants the current Property Management Company. We think there are up-charges and kick-backs going on. Our budget has increased 10x since they were hired with no additional services to the community than what we had in the past. The HOA President is close friends with the owner of the Property Management Co. and they used to be in business together. We are going to request a special meeting with the required 30 day notice, per the state statute, and have enough representation behind us with a purpose of removing the existing Board and electing a new one. Then we can hire a new property management company since the existing one's contract is up for renewal soon. Our HOA has no bylaws. Our concern is that the current Property Management Company will put in bylaws after we request the meeting to remove the Board (we need to state a purpose in the request) to prevent us from doing so. We think this might be done by writing rules of how the Board can be removed and when (i.e. requiring 95% of the owners voting, etc., we have 80% who want change). Our CCRs say nothing about whether a vote is needed to approve bylaws before they are filed and in force. We are following the statute but need to know if Bylaws can be put in place without the majority of condo owner's consent and if those Bylaws will take precedence over the state statute. Thanks. Statute information: IDAHO NONPROFIT CORPORATION ACT: 30-30-502 Special meetings -(1) A corporation with members shall hold a special meeting of members. 30-30-608. Removal of directors elected by members or directors.
  17. Hi there... I will try to keep this short. We own 20 acres in Idaho. We were under the impression, at first... that our neighbors had an easement through our property,approx 900ft long and 5ft from our cabin and less than 3ft from our 5th wheel(current home). We naively didn't think it an issue, we had never dealt with bad neighbors before and they seemed ok people that kept to themselves upon meeting them our first week here. 6months in and the husband starts driving through with total disregard,nearly running over our small dog and also a working dogs puppies. My husband stopped him and simply asked if he would slow down. Neighbor flew into a rage, abused my husband and then sped off. Thats when we started looking into our rights. We went to both the County & Title Company and discovered no legal easement exists at all. 6 months passes before we have a major run in with this guy. Dead of night he comes speeding down our driveway in his snow plow,plowing at an insane speed, almost hitting my husband and running down our dog. He pulled up and started to get out of his truck and reaching for his holsted weapon. He retreated quickly because husband was ready for this scenario. I was ready and filmed the entire incedent.( We have documented everything we can ever since ) We called the Sheriff this time and A Deputy mediated over the phone,there was a snowtorm and only 3 Deputies on duty in our vast rural area. We were told that we needed to keep our driveway open for them as the wife just surgery and that they would make arrangements to use the original driveway on a neighboring property after the Spring run off. They were also told that they need to consult us before plowing in the future. A few days later he thinks it's ok to snow blow instead and pulling a gun on a dog who is simply doing its job of running off an unwelcome intruder. He pulled it several times thinking no one was watching him. They have been here 18 years ( 2.5years for us) I believe and shouldn't be in the running for Adverse Posession in Idaho, correct? They have never paid taxes on this property. The online county records show the property access to be on the neighboring property. The Deputy that mediated in the Winter said that the incedent was recorded. We installed a gate at the begining of our driveway a couple of months ago which we keep shut, to slow him down mainly ( which he tries his best to damage everytime he opens and closes it ) . The wife out of the blue starts walking from her gate right through our lives basically to open the gate for her friends and her husband is standing on OUR property filming as she passes my leashed dogs that are extremely aggitated. He literally leaves the driveway to hit our dogs while they are leashed.... I have seen it with my own eyes, I have taken pictures of the tire tread in the dirt and the snow and I have told his wife I film him every chance I get. He doesn't care. Short of sending a cease and desist letter that they would just not collect/ ignore. Are we within our rights to put up a notice giving them 30 days to stop using our property, that the gate will be locked after that period, and we will press charges if they trespass. Placed where it's unavoidable for them not to miss but away from the passers by? We need to end this before the snow flies again and the nightmare continues. They obviously have no intention of stopping. I better add that these people are not landlocked... the use of this property which was vacant but owned and taxes paid by the owners...is a mere convenience for the wife so that she can bring her big rig home. She is on the road most of the time and I truly believe she has no idea how he acts when she isn't around. Not only is he a danger to our family and animals but he is a danger to himself. Thank you for any advice!
  18. Hi. Would anyone be able to please confirm where the I-129F completed form is to sent? I am assuming this form cannot be submitted online. Thank you.
  19. I have recently been notified that one or more of my bill collectors has been making a payment on something that I have in collections and then increasing my debt by like amount. I found out through the alerts section of credit sesame but it doesn't state which collection. I only have 2 collections which I have been disputing for years and have not made any payments on it myself. I can only imagine that the payments are being made by the bill collector in order to avoid the statute of limitations which I am fairly certain is fraud. Can anyone confirm that such action would or would not be fraud?
  20. Hi. Due to misconduct, a board member of our HOA was asked to resign. We are worried that the remaining 2 friends (board members) will simply appoint another friend to keep the HOA nightmare alive. How can we force an immediate election? There are no bylaws for the HOA. This would be opportunistic if we could force an immediate election and motion that at least 5 board members be elected. The non profit corp needed 3 board members. Now that there are only 2, can the corp still be a legal entity? Could that be enough to force an election? Thanks.
  21. Hi. Per a previous post I learned that State code 30-30-1102 gives homeowners in an HOA the right to view financials (accounting). The HOA contracted a property management company without the consent of the HOA members, and fees skyrocketed. When asked for the contract between the HOA and the property management firm, the firm states to ask the board. The board then responds with "we don't have to show you the contract". There are no bylaws in place. How can we get our hands on the contract? Is there no other way than to take one or both to court? Thank you.
  22. Hi, I live in a condo development that has many issues with increased maintenance costs lately. Several owners have tried to obtain detailed info on this maintenance (fence repairs, landscaping, pool maintenance) and we've been told by the Treasurer that all he will provide is a summary of costs, no invoices, bids, etc. The work they are doing is extremely expensive, with a cost of over $25k of what we think is reasonable based on similar work that's been done in the past. We'd like to write a letter to the Board Directors with this: Pursuant to Idaho Code Section 30-30-1102 and exercising my rights as a member of the corporation - by and through my ownership of a lot within the Subdivision - we request to inspect and copy the Association's accounting records. However, we don't know what the term "accounting records" means. If we make this type of a request do they have to provide us with detailed records (invoices, bids, etc.) or can they send us a summary with no detail? Thanks.
  23. Hi. The current HOA need to be removed. They have filed improperly with the state and used the incorrect non-profit corp name. We filed and were granted the correct HOA inc. name. It has been suggested that we not attend the impromptu meeting dictated by the current and invalid board (and the property management firm they hired) so as to not legitimize them. Anyone on this forum agree? Their goal is to demand lots more money from the HOA members to cover their irresponsible spending. (expensive property management firm; expensive common area lawn and tree care; etc. The property management firm is charging the HOA $1000 per day for lawn care.) The current HOA board refuses to disclose the contract with the property management firm. The property management firm refuses to disclose the contract they have with the grounds-keeper. Thank you in advance for your guidance.
  24. Hi. We are in an HOA that currently has a wide variance in perceptions of what are "common areas", and what are to be looked after (responsibility and accountability) by individual property owners. The CC&R's are very different from the county plat maps. What takes precedence (CC&R's? County plat maps? State law?)? Increase in dues are being forced upon us based on the HOA management stating that the common area is so large that a very expensive landscape / grounds keeping company had to be hired at $1000 per day! Common area square footage also impacts HOA insurance costs. Any and all guidance is appreciated.
  25. Hi. My fiance is a US citizen and we are looking for the most expedient way for me to relocate to the states to begin our new life together. We have been in a relationship for many years. I had learned once that a 3 month residency (as in, cannot leave the USA) requirement was mandatory for the I-130 route. Does this also apply to the I-129F route? There is also a suggestion to combine the I-129F and K3 applications. Any and all advice would be greatly appreciated.