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Questions tagged [hoa]

Questions involving Homeowner Associations (HOAs)

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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 ...
TallChuck's user avatar
  • 605
7 votes
1 answer
366 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 ...
paparazzo's user avatar
  • 261
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,...
JustTryingToGetTheFacts's user avatar
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 ...
JoshuaD's user avatar
  • 171
4 votes
0 answers
524 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 ...
Rob P.'s user avatar
  • 181
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 ...
LeanMan's user avatar
  • 329
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 ...
Tina McDaniel's user avatar
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) ...
LeanMan's user avatar
  • 329
3 votes
1 answer
334 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 ...
Alex 's user avatar
  • 31
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 ...
Steve's user avatar
  • 131
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 ...
Roy Clark's user avatar
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 ...
gatorback's user avatar
  • 7,147
3 votes
2 answers
124 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 ...
Drise's user avatar
  • 131
2 votes
1 answer
2k 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?
Alban's user avatar
  • 31
2 votes
2 answers
842 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 ...
user avatar
2 votes
1 answer
570 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 ...
Nicholas's user avatar
  • 279
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 ...
gatorback's user avatar
  • 7,147
2 votes
1 answer
82 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 ...
Steven's user avatar
  • 123
2 votes
1 answer
3k 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 ...
ClintM's user avatar
  • 123
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 ...
systemdebt's user avatar
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 ...
Tinkeringbell's user avatar
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 ...
gatorback's user avatar
  • 7,147
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
April's user avatar
  • 21
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 ...
animal-luvver's user avatar
2 votes
0 answers
636 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 ...
mark b's user avatar
  • 790
2 votes
2 answers
3k 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 ...
Sam's user avatar
  • 660
1 vote
6 answers
392 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....
Billy left SE for Codidact's user avatar
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 ...
gatorback's user avatar
  • 7,147
1 vote
2 answers
366 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 ...
Moojjoo's user avatar
  • 111
1 vote
1 answer
86 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 ...
nictrix's user avatar
  • 125
1 vote
1 answer
559 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 ...
stormdrain's user avatar
1 vote
1 answer
254 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 ...
maplemale's user avatar
  • 357
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 ...
Kingarena's user avatar
1 vote
2 answers
94 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 ...
Cee721's user avatar
  • 19
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 ...
Pat Hayden's user avatar
1 vote
1 answer
153 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 ...
elika kohen's user avatar
1 vote
1 answer
194 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 ...
gatorback's user avatar
  • 7,147
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 ...
gatorback's user avatar
  • 7,147
1 vote
4 answers
648 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 ...
Be Kind To New Users's user avatar
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 ...
Johonea4's user avatar
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? ...
gatorback's user avatar
  • 7,147
1 vote
1 answer
185 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? ...
silvia bechet's user avatar
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 ...
Abhinav's user avatar
  • 113
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 ...
gatorback's user avatar
  • 7,147
1 vote
1 answer
170 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'...
mark b's user avatar
  • 790
1 vote
1 answer
697 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 ...
Evan Carroll's user avatar
  • 2,139
1 vote
0 answers
302 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 ...
JonathanReez's user avatar
  • 4,291
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 ...
user38617's user avatar
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. ...
Denise's user avatar
  • 1
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, ...
Ramin Melikov's user avatar