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7

Gated communities are generally part of homeowner's associations that have covenants, rules and regulations regarding how you can use your property. In all likelihood, blocking sidewalk, and perhaps even parking in your driveway, is prohibited by these HOA limitations. HOA's have the right to ticket and fine you for violating its rules. The fines, if not ...


4

There are two issues. First, can the HOA deny access to its facilities and common areas for an unpaid HOA assessment. There might be exceptions in particular jurisdictions, but the general rule would be that it is not unlawful to deny someone who isn't current on their dues use of facilities and common areas. Second, do you have an unpaid HOA bill? This ...


4

When they start giving legal advice ... unless your PA is a lawyer. In a nutshell, legal advice has the following characteristics: Requires legal knowledge, skill, education and judgment Applies specific law to a particular set of circumstances Affects someone's legal rights or responsibilities Creates rights and responsibilities in the advice-giver ...


4

Yes, an HOA has a duty to treat all members equally You have my condolences. Dealing with an HOA board and/or fellow residents can be frustrating and exasperating. Unfortunately, as a practical matter, the high cost of legal advice often mean boards can ignore the law. In Pennsylvania, as everywhere, the Board of an HOA has a fiduciary relation to the owners....


3

As I understand it you are responsible for removing the stump and replacing the tree. The fact that a particular method was agreed (and failed) doesn’t relieve you of that responsibility. If a contract doesn’t specify a time for fulfilling an obligation then it must be done within a reasonable time. That is, a time that is reasonable in the particular ...


3

As is often the case, the answer is "it depends." In this case, it depends on: 1) When the condo was organized. Washington law says that all condo associations organized after July 1, 1990, "shall be organized as a profit or nonprofit corporation." Since incorporation is a legal requirement for these condos, the Board must file for incorporation, regardless ...


3

Can the HOA compel payment? Yes, at least from the standpoint of unjust enrichment or quantum meruit. That is because the resident obtains some benefit(s) from the HOA's activity & expenses, such as the maintenance of common areas and other items that advance the common good of the community. However, a drastic or arbitrary increase in invoices might ...


3

An email would be enough. As would an SMS. “Designated in writing” is pretty straightforward.


3

It would be up to your HOA agreement. If you signed a contract agreeing to pay for services then yes. If not then no. An HOA agreement is just a contract like any other and you would have to abide by what you agreed to. Also, they may not have an actual contract for you to sign, but by moving to the community you would be agreeing to follow the by laws of ...


3

The answer depends in part on your relationship to the HOA, and your lease. Normally, you would have no direct relationship to the HOA, instead your legal relationship is with the owner (who has a relationship to the HOA). The owner of the condo has a legal obligation to follow certain rules, the violation of which will result in a penalty (imposed on him). ...


3

Assuming that the HOA duly adopted the rule that requires this disclosure, probably yes. An HOA is not subject to the privacy law or constitutional restrictions of a governmental entity, an HOA is the de facto owner of the common areas of the HOA, and in general, a private property owner can insist on getting any information the private property owner ...


3

Since you did not provide the full text of your bylaws I will proceed by how I would imagine the language was written. I will give an alternative at the end of the answer. Your organization (HOA) created a set of bylaws. The bylaws indicated the method by which they can be amended. Later on the HOA added an amendment to these bylaws authorizing dues and ...


3

If you are given a paid job, and you do the work, then "consideration has been provided", and 1682 will not apply. As to "referral fees" those sound more like kickbacks, but it depends on what, if anything, the person gets for the fee.


3

This would depend on the detailed terms of the governing documents of the HOA. Some HOA declarations authorize the HOA board to make expenditures needed for maintenance (which can itself be quite expensive), but require a vote of the full membership for capital improvements. A gate would arguably be a capital improvement, but your HOA may not have that ...


3

Desuetude is the Latin word. https://en.wikipedia.org/wiki/Desuetude Typically there is more to it than just that there was no enforcement for a while. It usually occurs when prosecutors agree not to prosecute and judges don't punish or punish harshly for it. Normally an HOA is just rules for your apartment building and not actual laws so it would not ...


3

Yes. An HOA covenant binds successors to the owners who make the HOA declarations and establish the relevant covenants. Generally, there is a process in the HOA rules by which a supermajority of owners can disband the HOA, but otherwise HOA rules automatically bind successor owners, whether they agree or not. Fines imposed by an HOA member by an HOA ...


3

Can someone be compelled to prove they are complying with a contract? In this context, yes, since its apparent breach is evident. The other answer rightly explains the notion of preponderance of evidence, which pertains to the procedural aspect. Here, I will mainly address the substantive standpoint as per the situation you describe. The HOA rule most ...


3

Every lot on the subdivision is and always will be acquired “through the Developer” Unless the developer still owns it. Somebody is the heir or assignee of the Developer - that’s who you need to seek approval from. Even if the Developer was at some point a company that got liquidated, the right of being the Developer would transfer to the creditors of that ...


3

This is the problem with democracy Sometimes you lose the vote and have to do things you don't want.


3

Colorado HOAs are required to make many kinds of documents available to HOA members. The Colorado Common Interest Ownership Act (CCIOA) includes the following language in section 38-33.3-209.4. Public disclosures required It is the intent of this section to allow the association the widest possible latitude in methods and means of disclosure, while ...


2

I would expect so. HOA rules would be enforced by a covenant which "runs with the land" and is binding upon all successive owners, regardless of how they acquire the property. There is some general information at http://realestate.findlaw.com/owning-a-home/creation-and-termination-of-cc-rs.html. The main reason to have such covenants is that since every ...


2

You don't state where the property is located which would determine the governing law, but that said, under common law principles, I can't think of any jurisdiction where this would be grounds for annulling the sale. The general rule in a sale of real estate is caveat emptor. There is a duty to disclose latent physical defects that could not be discovered ...


2

Generally speaking, the contract of sale will direct how this is handled. The most common solution is to pro-rate fees due but not paid at closing and to adjust the amount of funds that change hands at closing accordingly, and then to have the buyer pay them when they come due. Prepayment of the dues and pro-rating the amount in the other direction at ...


2

Just from reading the text: Question 1: It does not preclude other directors from calling the meeting, but does not give them the power to do so. The same way that the text does not preclude me (or anyone else) from calling the meeting, yet my calls for a meeting can be ignored. The fact that there is a procedure for other directors to call for a meeting ...


2

It is hard to give a definite answer because (1) I am unsure of how much of the matter is beyond the scope of contract law (for instance, belonging to city ordinances or environment/natural resources regulation instead); (2) whether or how your credit score would be impacted if management pursues collection of the fine; and (3) knowing the exact/complete ...


2

As a general rule, if one party damages the property of another through their negligence, they can be found liable and made to pay for those damages. The crucial question here would be whether it was foreseeable that the various actions would cause water damage. If, for instance (case A), a plumber assumed that the water lines were dead and just cut them, ...


2

A "first mortgagee" is a person who has a lien over the property and if there is more than one, the one with the highest priority. Usually, this is a lender who holds a mortgage as security for the loan. Some Units will have first mortgagees and some will be unencumbered. Those with first mortgagees will have a certain number of votes. To change the by-laws,...


2

No, he does not HAVE to prove it. Period. I would just point out that the only way the homeowner would be in the position necessary to decide to prove it or not is if the HOA presented him with the claim that the car wasn't operable in the first place. I understand that you don't have evidence to prove the car is inoperable, but the only way to resolve the ...


2

There is no law, federal or Colorado, which requires a person to obtain permission before using a person's email address. For certain kinds of emails, there are restriction which include the requirement for a visible unsubscribe option: this is from the CAN-SPAM Act. However, the regulations apply to email whose primary purpose is commercial advertising or ...


2

The authority of an HOA to take particular actions is governed by the Declarations of the association and its bylaws with only minimal statutory oversight. It is possible that their actions, either in spending money raised for purposes other than those authorized for that money, spending money contrary to an approved HOA budget, or in obtaining loans for a ...


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