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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

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 ...


3

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


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

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

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

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

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 ...


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

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 ...


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

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.


1

Although Florida law simply says that records shall be made available to a parcel owner.. within 10 business days after receipt by the board or its designee of a written request what else you may want to know is that The failure of an association to provide access to the records within 10 business days after receipt of a written request ...


1

In general this is referred to as "discretion of authority." An HOA has to adhere to its declarations and bylaws, and government laws can proscribe what an HOA can do (e.g., housing discrimination is not legal in the U.S., even for an HOA). But as long as it follows its own rules it is presumed to be acting within its rights as a private entity. And it is ...


1

Based on your other posts, I believe your matter would be decided in Small Claims court. If so, my understanding is that summary judgment would be moot or not applicable because processes in Small Claims are --by their nature-- much briefer than lawsuits in civil court, whence such a motion cannot shorten any further a process in Small Claims. That preempts ...


1

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 is automatically binds successor owners, whether they agree or not. Fines imposed by an HOA member by an HOA normally ...


1

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 ...


1

Whatever works that gives effect to the intention The intention is to have staggered terms so however the community can agree to do this is fine: draw straws, by agreement, declare all positions vacant and treat the next election like the first. If the community can't agree then there is a relevant court or tribunal that can impose a solution.


1

The Board of Directors may not amend the bylaws, because the Articles of Incorporation incorporates the Declarations by reference, and the Declarations provide that the Unit Owners (i.e. the members) are the ones who get to vote on changes to the bylaws. The voting rules are almost identical except that the Bylaws requires a two-thirds majority, while the ...


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