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Questions tagged [hoa]

Questions involving Homeowner Associations (HOAs)

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5 votes
1 answer
1k views

Why did the neighbors, rather than the beneficiaries, object to the property destruction in Eyerman v. Mercantile Trust Co.?

We studied this case in my 1L (i.e. first year of law school) property course. I am curious about the background on this case. I would've expected that her executor or beneficiaries would've had an ...
3 votes
2 answers
2k views

Blocking sidewalk by parking in your driveway [closed]

Is it the responsibility of the board of an HOA to enforce county and state laws about blocking a sidewalk. This is in a HOA community where one side of each street has a sidewalk and by using their ...
0 votes
3 answers
94 views

Forcing an HOA meeting?

Say there is a homeowners association that is required by its bylaws to hold an annual meeting and, at that meeting, an election for board members. The board has the power to select the date of the ...
5 votes
3 answers
3k views

HOA Rule Concerning Freedom of Speech in Georgia, USA

Our Georgia HOA recently changed this rule to the following: "A Resident or guest shall not discipline, correct, or abuse any of the Management Staff, other residents, guests, directors, officers,...
0 votes
1 answer
88 views

HOA - can individual homeowners sue to prevent me from building addition to the home that the HOA did not timely reject [closed]

I submitted plans to my HOA for modification of my home. The Declaration gives them 30 days to reject, or they are deemed approved. They missed the 30 days, but then later rejected the plans. ...
2 votes
0 answers
52 views

WA rules HOA and outdoor cats

Are HoAs in Washington state allowed to ban outdoor cats and restrict cat owners to keep cats indoors only? Thank you
2 votes
1 answer
77 views

Does Bill 44 automatically repeal Single Family residency strata bylaw restrictions in BC

https://www.bclaws.gov.bc.ca/civix/document/id/bills/billsprevious/3rd42nd:gov44-3 Bill 44 was passed in Nov 2022 in BC to disallow Stratas from imposing rental restrictions. I am reading the ...
0 votes
1 answer
158 views

Strata bylaw about secondary suite in Lower mainland area [closed]

The townhome is in Port Coquitlam, BC, Canada and the strata by-law states Secondary suites within Strata Lots are prohibited. Should any Owner of a Strata Lot be found to have constructed a ...
1 vote
1 answer
88 views

Can HOA apply state laws instead of By-Laws and CC&Rs to write a citation? [closed]

HOA in Georgia. I have applied a removable sticker that said "this is not an HOA sponsored event" on a fundraising poster that was placed on the Common Property by another resident. Our HOA ...
-2 votes
2 answers
192 views

Interpretation of the term "fully enclosed area" [closed]

My HOA in Colorado USA, has the following rule Each Lot shall provide a fully enclosed area for containment of trash, garbage or other garbage, and each Lot at all times shall be kept in a clean, ...
1 vote
4 answers
651 views

Right to inspect HOA Contracts in Georgia, USA

I would like to inspect a contract that the HOA has signed and is in effect. The HOA is in Fulton County GA, USA. I have asked for a copy and they have declined my request. Here is the law that I ...
1 vote
0 answers
304 views

In Washington state, can a Home Owners Association allow home owners to keep pets, but not renters?

My friend lives in an apartment building in Washington where the bylaws allow home owners to keep dogs and cats, but states that renters are not allowed to keep any pets. Is this legal according to ...
1 vote
1 answer
171 views

Are Condo owners an indispensable party?

Assume that a Florida HOA has failed to enforce its bylaws: owners have improperly built improvements on the common area (land), some of these owners have sold their units. Assume said improvements ...
0 votes
1 answer
50 views

Definition of the term "reasonable" in Colorado House Bill 21-1310, or how it will be decided if not defined

Colorado house bill 21-1310 was signed on 2021-07-01 and became law. It limits the rights of HOAs to regulate flags and signs. Specifically it says: THE ASSOCIATION MAY ESTABLISH REASONABLE , CONTENT ...
4 votes
0 answers
525 views

What Happens To Shared Land When An HOA Is Dissolved?

An HOA was formed in Illinois back in 2006 a big developer was going to build houses. They established some rules/covenants and established the property lot lines. It also established some small ...
0 votes
1 answer
99 views

Should HOA notice me the price of the quote and pay for the fan removal?

My HOA is doing this project on my balcony, where I have a fan through the wall. They need me to remove and reinstall it on my cost. I thought it is a HOA project, they may pay for it. Then they said ...
1 vote
2 answers
95 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 ...
0 votes
1 answer
117 views

Who should pay for the removal and reinstallation of the screens for the exclusive use balcony when HOA needs to remodel the balcony?

My HOA is doing this renovation project, which needs to get access and modify the balcony (where I have my screens), and asking me to pay the cost of removing and reinstallation? Do I have the right ...
1 vote
1 answer
148 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 ...
0 votes
2 answers
526 views

What is a material alteration or substantial alteration?

Florida Condo law: FS718.113 subsections (2a),(2b),(2c) prohibits: "material alteration or substantial additions to the common elements" "material alteration or substantial additions ...
3 votes
1 answer
172 views

If our HOA does not have enough to pay for all damages, would putting everything into my trust be enough to protect my assets?

Let's say someone sues our small HOA for more than the HOA insurance will cover (for something that happened in the common area), and not finding enough, sues each owner for the rest. Would my assets ...
1 vote
1 answer
561 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 ...
0 votes
1 answer
79 views

FS718: Majority vote at Meeting of the association

From Line item number 3: Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts, and may be used only for authorized reserve expenditures unless their use for ...
1 vote
1 answer
365 views

Can my HOA approve of only certain vendors for fence installation?

My HOA has an "Approved" list of vendors for fence installation. My question is, is this legal? I want to use a contractor that aligns more with my budget that is licensed and insured, but ...
3 votes
1 answer
331 views

HOA shredded our Money Order. Is Money Order an Official Record? Are there other Records we can request?

Per our state's rule on HOAs: (4) OFFICIAL RECORDS.—The association shall maintain each of the following items, when applicable, which constitute the official records of the association: [...] (j) ...
4 votes
0 answers
165 views

How to find a good HOA Lawyer to deal with confrontational HOA [closed]

Suppose that a person's current HOA is very aggressive with increases, fines and attorney fees that tends to silence community members rather than empowering them. Suppose that the management ...
0 votes
2 answers
246 views

Should I send a demand letter if I have no intention of filing suit or retained services from legal counsel?

I have a legal plan that allows me consultation from numerous lawyers in my area and I can also have lawyers write demand letters for me as part of my plan. However, the plan stops there. It doesn't ...
-1 votes
3 answers
900 views

Are political flags equivalent to signs?

Context: A Florida Condominium HOA prohibits signs. UPDATE: Assume that HOA governing law is FS718. Excluding the flags described in FS718: (4) Any unit owner may display one portable, removable ...
2 votes
1 answer
137 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 ...
1 vote
1 answer
102 views

Construction: may vs shall

Context:a Florida HOA bylaws indicate: The passage below indicates may: Special meetings of the Board may be called by the president on five(5)days notice to each Director either personally or by ...
0 votes
1 answer
189 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 votes
1 answer
87 views

Can being a board member of a 'Vereniging van Eigenaren' be made mandatory?

Dutch apartment buildings must have a "Vereniging van Eigenaren" (VvE, loosely translated: "owner's association"). If you buy an apartment in the building, you must become a member ...
0 votes
1 answer
96 views

How do I challenge my HOA's decision on my request to modify my property?

I'm in St Louis, Missouri. My house is a part of a HOA. It has bylaws and the bylaws state that alternative dispute resolution may be done through the City of St Louis in accordance with Chapter 435, ...
3 votes
1 answer
2k views

Dissolution of HOA

Florida requires HOAs to be registered as nonprofit corporations. If an HOA allows its registration with the state to lapse into dissolution: Does its officers and agents bear liability for any ...
0 votes
1 answer
107 views

Date Calculation

Florida HOA law (FS718) indicates a response is required from the board within 30 days of receipt of certified mail. Assume a letter is mailed July 1. How exactly would the courts decide which day ...
1 vote
1 answer
95 views

Michigan Home Owners Association Formation

Our subdivision has a total of 50 lots with about 65 owners of those 50 lots (e.g. a lot jointly owned by husband and wife). My question is around formation of a Home Owners Association. A little ...
58 votes
3 answers
10k views

HOA Prohibits "Large Families"

My wife and I have found a vacant lot (this is in Utah, BTW) where we would like to build a house. However, the HOA that the lot belongs to does not allow more than four occupants, regardless of the ...
1 vote
0 answers
123 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 ...
0 votes
1 answer
88 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. ...
0 votes
1 answer
41 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. ...
3 votes
1 answer
198 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 ...
0 votes
1 answer
263 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 ...
3 votes
2 answers
125 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 ...
1 vote
2 answers
80 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? ...
0 votes
2 answers
158 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 ...
2 votes
0 answers
229 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 ...
-1 votes
2 answers
116 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 vote
1 answer
143 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 votes
1 answer
571 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 votes
1 answer
2k 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 ...