Questions tagged [hoa]

Questions involving Homeowner Associations (HOAs)

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62 views

Can an HOA board obtain an open ended bank loan without membership approval?

I belong to a New Jersey HOA of about 300 homeowners. Our board decided to obtain a $500,000 bank loan. It's been spending money like water and used up all the money that was designated for major ...
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0answers
147 views

Can an HOA control how a homeowner enters and exits their home?

Is it illegal for me to exit my bedroom via my first-floor bedroom window? Is this likely to be against common or standard HOA regulations or rules? Suppose that the house and land are owned by myself ...
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2answers
74 views

HOA creating accounts on a third-party website without my consent

This question is in regards to a situation in Colorado in the US. I began receiving emails from a website distributing community information. The emails did not have an unsubscribe link so I sent them ...
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1answer
79 views

HOA building a Community pool which I don’t want [closed]

I’ve lived in my neighborhood for 9 years And pay HOA dues I have a pool The HOA is now wanting to build a Community pool and raise our fees. I would not have built here if they had had a Community ...
2
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1answer
71 views

Does an HOA have a legal duty to treat all members equally?

Suppose several members of a community put up landscaping lighting along their driveway. Some time later a member files a request to place similar lighting along their own driveway, but is denied ...
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1answer
88 views

What Compels a Florida Condo HOA to repair termite damage?

What statute, if any compels a Florida HOA to address an issue, such as termites? Is there a quantitatively measurable event that compels the HOA to address the issue? Assume the issue affects to ...
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2answers
62 views

Does this Restrictive Covenant apply to new purchasers?

I am considering buying a house. There's a restrictive covenant attached to it that begins as follows (emphasis mine, blanks contain the original husband and wife who were the developers): _____ ...
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6answers
234 views

Can someone be compelled to prove they are complying with a contract? (If contract doesn't stipulate such proving)

I serve on an HOA board, and a fellow board-member believes we can compel someone to prove they're not violating a rule, and punish them if they are violating it OR IF THEY REFUSE TO PROVE they aren't....
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1answer
72 views

Meaning of “the approval of First Mortgagees holding mortgages on Units…”

I've been a condo association President for a couple of years now and I keep finding older residents that have come up with their own interpretations over the years, so if something isn't clear, I do ...
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0answers
61 views

HOA on-street parking: where is the street adjoining the property?

A local HOA (in North Carolina) has these rules about on-street parking: Section 13. On-Street Parking. The Owner of each Lot shall provide for adequate parking space on the Lot for vehicles of all ...
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0answers
17 views

Open meeting recording interpretation

In regards to https://www.azleg.gov/ars/33/01804.htm and in particular the section below. Am I interpreting it correctly that a homeowner can audio/video record no matter what situation except one (...
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1answer
62 views

HOA bylaws: Are they enforceable absent a contract?

If one lives in a community (a “Resident”), in which there has been a longstanding non-profit corporation calling itself a “homeowners association” (the “HOA”), with bylaws, and registered with the ...
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1answer
41 views

Designated Representative - HOA

In reference to this statue, https://www.azleg.gov/ars/33/01804.htm ...or any person designated by a member in writing as the member's representative and all members or designated representatives ...
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1answer
66 views

HOAs and Personal Assistant

What can my personal assistant do when the HOA sends me a violation or other such letter? Can they research the CC&Rs, Bylaws or other such states, federal statues to help me better understand the ...
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0answers
95 views

HOA enforcement of rules

Neighbor put up trampoline and planted fruit trees. HOA gave them violation notices as they are not allowed in our community. Neighbor put trampoline and trees (now in 5 gallon pots) onto their paved ...
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1answer
112 views

Can HOA force you to pay for services in addition to dues?

My HOA (in CT) is asking owners to get their dryer vents cleaned. They asked last year and I obliged. I got them cleaned 12/18. They sent out an email today saying every unit must get them cleaned. I ...
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2answers
168 views

Is an email a “written request”?

In Florida, HOAs are required to provide records to owners. Owners must provide a written request for. Is an email to the hired record keeper a written request? Update: Assume for the exercise ...
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1answer
113 views

Can a Condominium Association Incorporate Without All Owners?

If after purchasing a property in a Condominium Association, and it is discovered that the corporation was administratively "dissolved" years ago, can that association refile Articles of Incorporation ...
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0answers
109 views

How hard is it to dissolve an HOA?

In Texas, and in the county I'm speaking of, to dissolve or drop out of an HOA there needs to be a 2/3 majority of property owners (1 vote per property) voting in the affirmative in order for a ...
2
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1answer
101 views

What is the legal term for enforcing things when an HOA has been lax previously?

Let's say an HOA has been very lax in enforcing its CC&Rs in the past. There are restrictions about fencing, but many owners got and received variances in the past and have put up fences that don'...
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1answer
151 views

HOA president using HOA funds for a French drain in his back yard

I am the new treasurer of an HOA board. The president of the HOA has complained that his back yard is soggy when it rains and has arranged for the HOA to pay to have a french drain installed in his ...
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1answer
50 views

Florida Condo Law and Kickbacks

Florida Condo Law Statute 1682 prohibits an officer, director, or manager of a condominium association from soliciting, offering to accept, or accepting a kickback for which consideration has not ...
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1answer
109 views

Can my HOA force us to pay additional costs for unnecessary capital improvements?

TL;DR: Can an HOA force homeowners to pay a large 1-time fee for installation of a street gate and increased monthly fees for road maintenance on the private road that is already in the process of ...
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1answer
86 views

Ticketed for a parking infraction when on private property and someone of authority says it is okay to park there

In my HOA we as a community paid to paint red lines for a fire zone. To get us the residence to approve marking it as a fire zone so no one can park there overnight. The HOA President and ...
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0answers
23 views

What obligation does an HOA attorney have to follow HOA rules?

A rule was passed requiring pre-approve attorney engagements to be approved at meeting so that the public can see what is being done and prevent board members from unilaterally engaging the attorney. ...
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1answer
74 views

Do Covenants and/or By Laws become null due to non-enforcement?

I seem to remember a lecture during my Business Law Classes which discussed nullification of Community Covenants or By-Laws (an HOA for example) when a certain rule has been violated for x-years and ...
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2answers
52 views

Permissive vs Prohibited

Bylaws from A Florida CCR documentations: Special meetings of the Board may be called by the president on five ( 5) days notice to each Director either personally or by mail , facsimile ...
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86 views

Florida HOA Director Conflict of interest?

A board director performs paid work (jobs) for a service provider (Community Association Manager). Is this a conflict of interest per Florida Statutes 718? If not, is it somehow a COI under other ...
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0answers
36 views

Why would a 4 member board be required to be reduced to 3 members?

Florida HOA CAM writes: Per Board Member request, Since the Board has not been able to fill the vacant 5th seat on the Board, the Board will need to be decreased to 3 Members. With this said, ...
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2answers
94 views

HOA - General Rule Violation [closed]

Sorry keeping some details private as to protect myself, but note I have a calendar log of every event that has happened. In the beginning of 2018 our HOA and we as Homeowners came to an agreement ...
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1answer
98 views

Summary Judgment Motion

BACKGROUND An HOA has failed to follow its bylaws (breach of contract), which has been documented in a thorough email trail to provide the facts and demonstrating communicating the bylaws to the HOA ...
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1answer
38 views

HOA By-Laws: Conflict between amending process and an amendment's change process?

My question is: if the original by-law amendment process (Article XIII as a point of reference) states that a simple majority of ALL members is required for changes, and that provision has not been ...
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1answer
70 views

Calif Small claims - HOA approved work that caused water damage to my condo

I believe it is reasonable to place responsibility for a busted waterline with the HOA and roofing contractor. Can I get thoughts from this forum on responsibility? ...or, Where can I research this? ...
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27 views

What are contraction funds?

This section of bylaws for a Homeowners association reads: What is a contraction fund? Specifically what does contraction imply?
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1answer
773 views

Can you block the sidewalk in front of your house in a gated community?

We been getting window stickers in a gated community about parking on our driveway and partly blocking sidewalks. Is it legal or not?
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1answer
50 views

Collect HOA fees at closing

If HOA fees are not yet due at closing are the fees the responsibility of the buyer?
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1answer
232 views

Collect a tap fee in an HOA

I am in an HOA. We have a shared water system. It is considered common property of HOA and there is a water assessment that is assigned by the board for the cost of operating the well. There is a ...
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2answers
2k views

Metropolitan District vs HOA in Colorado?

I am looking at purchasing new property in Colorado that is not part of a HOA but is part of a "metropolitan district". I had never heard of these before and tried to do research but they appear to be ...
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1answer
150 views

HOA forcing family to pay for facilities which we are prohibited to use

A large debt was accrued by our family with our Home Owners Association, which was paid off. However, the HOA still insists that there are additional debts, thus stripping our rights to a community ...
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1answer
54 views

Can a condo HOA be held responsible for inside mold remediation due to a suspected leaking roof?

Can a Massachusetts condo HOA be held responsible for inside mold remediation due to suspected water seepage of a roof? How great of a burden would it be on the home owner to prove it came from the ...
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2answers
296 views

Inheriting an HOA

When a person with a house under a home owners association dies must the heir or executor agree to the HOA to get or sell the house? I'm most interested in WA state USA, but am curious about any ...
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1answer
45 views

Is failure to disclose the bullying and offensive Tenancy In Common president basis to annul the real estate sale?

My relative bought a condo which is under Tenancy In Common arrangement. During the first week it became apparent that it has (a probably psychopathic) individual who is a president. He is bullying, ...
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1answer
169 views

Is it legal for an HOA to require information on an owner's guests?

My HOA recently began requiring that overnight guests sign an authorization form wherein they must give their full name, relationship to the owner, phone number and photo ID. This is a gross ...
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1answer
117 views

How do staggered terms work when there is no record?

Our Bylaws specify staggered terms, 5.5 Election and Term of Office. At the first (1st) annual meeting of the Association the term of office of two (2) of the Directors shall be fixed for one (1) ...
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1answer
515 views

Can my COA's Board of Directors amend the bylaws citing Texas Business Organizations Code 22.102(c)

My local Condo Board of Directors is trying to amend our Condo Association's Bylaws citing Texas Business Organizations Code 22.102(c). Sec. 22.102. BYLAWS. (a) The initial bylaws of a ...
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1answer
2k views

HOA and trampoline safety net

I live (rent) a condo where every back yard is approx. 14 x 20 feet. Each back yard has a fence that's 6 feet high or so. I put up a trampoline in the back yard but the safety net is over the height ...