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Questions tagged [hoas]

Questions involving Homeowner Associations (HOAs)

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6
votes
0answers
124 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 ...
3
votes
1answer
113 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 ...
2
votes
1answer
263 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?
2
votes
1answer
31 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 ...
2
votes
1answer
1k 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 ...
2
votes
2answers
197 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 ...
2
votes
1answer
78 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'...
1
vote
1answer
74 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 ...
1
vote
1answer
42 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 ...
1
vote
1answer
46 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? ...
1
vote
1answer
396 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 ...
1
vote
0answers
91 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 ...
0
votes
1answer
86 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 ...
0
votes
1answer
41 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, ...
0
votes
2answers
86 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 ...
0
votes
1answer
95 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 ...
0
votes
1answer
134 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 ...
0
votes
1answer
94 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) ...
0
votes
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. ...
0
votes
0answers
67 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 ...
0
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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, ...
0
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0answers
15 views

ORC 5312 - Privacy Laws

Is there any legal stipulation, in the context of Ohio Law for a Home Owners' Association (HOA), other than board approval, to prevent an association from making all information public (other than 3rd ...
0
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0answers
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?
0
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1answer
45 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 ...