Questions tagged [hoa]

Questions involving Homeowner Associations (HOAs)

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49 views

How to determine HOA rights for roof replacement

I live in a collection of townhouses (about 100) with an HOA. Certain blocks of townhouses share a roof, but they are fee simple and homeowners are legally responsible for their roofs, although the ...
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1answer
63 views

Who owes when condo owners change?

Assume that an HOA has improperly violated a statute by removing moneys from a reserve account and paid the unit-owners. Relevant Florida laws include: 718.112(2)(f) 3. and 4., Florida Statutes: 3. ...
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1answer
34 views

Evidence Estoppel

It is in the interest of the courts to that Florida HOA records are accessible so as to ensure that it is possible to resolve difference before bringing them to an authoritative adjudicating body. ...
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1answer
69 views

Can our HOA require us to help purchase unused properties in our subdivision?

Our HOA held a vote to buy 3 unused parcels of land in our neighborhood. The purchase requires us to pay an additional $763 on top of our annual fee. Am I required to help purchase this property for ...
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43 views

Weighting of Florida HOA fine

Florida Statute FS718 17(c)1 provides for a $500 fine for not providing access to HOA records. Access will be referred to as discovery Assume a trio of owners files a successful complaint regarding ...
2
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1answer
32 views

Does settlement of an HOA liens wipe the slate clean?

A house in Missouri was being sold and the owner wanted to negotiate a lower payment to settle the HOA liens because the buyer would not offer him enough money to cover both the HOA dues and the ...
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1answer
86 views

Blocking a sidewalk in a gated community

My HOA has blocked the sidewalk which connects the gated part of our neighborhood from the ungated. They have given the code to those living behind the gate, but now I can't walk my dog back to the ...
2
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1answer
48 views

Doctrine of balancing the relative conveniences of the parties

A defense claim of Equitable Estoppel is invoked: ...Claims are barred in part of by the Doctrine of Equitable Estoppel...enforcing the Governing Documents as alleged by Petitioners would be ...
2
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2answers
38 views

How does a subdivision covenant work if no successors are recorded?

I am purchasing a home and would like to install a fence. The original covenants, from 1975, specify you must get approval from the architectural control committee, but all the listed trustees are ...
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2answers
45 views

Injunction, petition or other?

A Florida homeowner association is violating its bylaws and statutes by performing action X. Does one seek an emergency? preliminary? injunction from a judge to not perform X? or is it a petition? ...
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10 views

Declaration vs Articles of Incorporation

Is the Declaration of a Condominium synonymous with Articles of Incorporation?
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1answer
140 views

Barring a Vote due to conflict of interest

Florida HOAs are governed by FS718.3027 Conflict interest criteria. "Litmus" test comprise (are not necessarily limited to): (a) A director or an officer, or a relative of a director or an ...
2
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1answer
74 views

“Reasonable Rules”

Florida FS718.111 (c) 1 indicates a Homeowners' Association (HOA) may adopt reasonable rules for access to the association records, given that a professional Certified Apartment Manager (CAM) provides ...
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2answers
66 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
159 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
79 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 ...
1
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1answer
84 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
99 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 ...
2
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1answer
452 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
68 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
262 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
85 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
62 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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1answer
70 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
43 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
68 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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100 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
145 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
270 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
116 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
129 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
112 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
187 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
65 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
120 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
94 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
24 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
92 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
61 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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0answers
91 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
37 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
98 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
99 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 ...
2
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1answer
39 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
79 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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0answers
29 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
1k 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
56 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
245 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 ...
2
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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 ...