Real Property » Homeowner's Association Legal Questions & Answers


Category: Real Property » Homeowner's Association
Is a condo association supposed to submit a financial statement to the members?

Is a condo association supposed to submit a financial statement to the members on a yearly basis or more frequently?

03/28/2007 | Category » Homeowner's Association  State » NJ  #2256
Who is responsible for upkeep on the common area at the condo's in which I reside?

The question is on Florida statues concerning the definition in statue 718.113 maintenance: the terms limited common elements versus common elements. There are no associations, documents or declarations that provide the answer, only the statue it's self. Before we hire a condo at...

05/09/2007 | Category » Homeowner's Association  State » FL  #4301
Was it illegal for the HOA to paint everyone's mailbox without their consent?

I live in a housing development where there is a homeowner's association in place. These are single family homes and all property maintenance is the responsibility of the individual homeowners. Recently, our homeowner's association went through the neighborhood and painted everyo...

05/11/2007 | Category » Homeowner's Association  State » ALL  #4498
Can my condo be foreclosed on for delinquent fees to the Homeowner's Association?

I have become severely deliquent on payments to the maintenence fees associated with my townhouse in Broward County, FL. The lawyers office handling the collections only accept communication and requests in writing and during this slow process they have tacked on over a thousand ...

05/15/2007 | Category » Homeowner's Association  State » FL  #4824
In a Home Owners Association, what all is the HOA responsible for?

I own a townhome in a "planned community." I pay monthly dues to the Home Owners' Association. A board member stated that "the owners of the townhomes own the inside studs and walls. The HOA owns the outside studs and walls and the roofs." Are there laws mandating that the HOA ma...

05/30/2007 | Category » Homeowner's Association  State » TX  #6047
Is it legal for the HOA to hire a painter to determine if your home needs repainting?

Is it legal for your HOA to hire a painting company to determine if your home needs painting or is it a conflict of interest. Seems they would have a biased opinon. The HOA included in the text of their letter the prices the company would charge for painting our house.

08/18/2007 | Category » Homeowner's Association  State » CO  #8034
What can be done to force residents into behaving or moving?

I recently bought a condo and have found out that there is one owner/resident who has verbally threatened others in the building with bodily harm. He also has done a variety of things from setting illegal fireworks from his balcony to throwing anything from dog feces to shopping...

09/20/2007 | Category » Homeowner's Association  State » IL  #8897
Does the homeowners association have the legal right to tell me not to park on the public road?

I live in a preserve area with covenants. The main road running through the community is a public road which the preserve gave a perpetual non-exclusive easement to the city. The city maintains the road. I got a letter from the homeowners association telling me that I can not par...

10/27/2007 | Category » Homeowner's Association  State » CO  #11074
How do I get my plans for a storage building approved by HOA if one has not been formed?

I live in a neighborhood with covenants. There is no active covenant committee, architectural committee or home owners association. In addition, the neighborhood is fully built out so there is no additional development going on at all. I would like to build a garage/shop to st...

01/13/2009 | Category » Homeowner's Association  State » WA  #14981
How can I fight the summons for not paying Homeowner's Association fees?

I was served with papers saying I did not pay my Home Owner's Association fees. I haven't! They say they want a form called an answer form or a motion form. I can find neither and I can't afford a lawyer. What is my recourse?

03/03/2009 | Category » Homeowner's Association  State » OR  #15427
How does the condo association place a lien against a condo for HOA dues?

Is there a form for a condo association to obtain a lien against one of the owners due to unpaid association fees?

03/04/2009 | Category » Homeowner's Association  State » WA  #15441
What type of lien can be filed to collect HOA dues on a property in foreclosure?

A Condo owner has defaulted in paying his monthly H.O.A. dues. The Condo is in foreclosure and the bank requires a lien on property, so that at sale they pay the overdue H.O.A. fees. Therefore, the Home Owners Association needs to file a lien, so, is there a 'lien form' that we c...

03/24/2009 | Category » Homeowner's Association  State » CA  #15748
Does the Doctrine of Past Practice apply to Homeowners Associations?

Does the Doctrine of Past Practice apply to Homeowners Associations? For the past two years, our Homeowners Association's contractor would maintain the back yards of homeowners with fenced in back yards. Now the homeowners association wishes to change lawn maintenance contrac...

03/26/2009 | Category » Homeowner's Association  State » GA  #15772
How do I fight the convenants of my community and can they fine me?

For subdivision covenants; if the village takes over control and issues tickets, does that have to be filed with the state? Do they have the right to gather information on my property without permission? Do covenants need to be renewed? If the original has no penalty can the v...

04/16/2009 | Category » Homeowner's Association  State » IL  #16033
Can the homeowner's association prohibit me from placing a realtor sign in my yard?

Is it legal for the developers of our gated community to forbid the use of any and all signs by homeowners, including Realtor Signs or For Sale by Owner signs? The developers run the Homeowners Assocation and are threatening us with a lien on our property for having Realtor Sign...

04/27/2009 | Category » Homeowner's Association  State » ALL  #16202
What forms are needed to file a lien on homeowners who owe due to the HOA?

I am on the board of a warehouse condo association and we are wanting to put liens on owners who are 6+ months past due with dues. What forms do we file with the county without using an attorney?

05/06/2009 | Category » Homeowner's Association  State » MN  #16596
Can the Condo Association deny me access to the gym since I am behind on my dues?

I own a condo in a development that I built. I rented it to a tenant but have a bad hardship now. I lost all my income so I'm not paying the mortgage and the common charges I told the board that I'm trying to settle with the bank for a short sale and at the time of closing they w...

05/06/2009 | Category » Homeowner's Association  State » NY  #16598
Do you have a form allowing a Condominium Association to place a lien on a property in foreclosure?

Do you have a form allowing a Condominium Association to place a lien on a property in foreclosure or do we need a lawyer to file one? If so, what would be the approximate cost?

05/26/2009 | Category » Homeowner's Association  State » FL  #16777
What Are My Voting Rights in a HOA in Missouri if the Unit Has Multiple Owners?

Our homeowners association sends all mailings and voter ballots directed to only one person at the property even though there may be more than one homeowner on the account. This is almost always the male resident/owner. That means that even though the female homeowner may serve o...

06/23/2009 | Category » Homeowner's Association  State » MO  #17138
Can a Homeowners Association Vote to Exclude Rentals in California?

My homeowners' association sent a notice saying they were sending ballots to owners (I own this house but rent it out--it's in a retirement community) to get a 60% 'yes' response to limiting the number of rentals allowed in the community. In the homeowners' associations rules bo...

06/30/2009 | Category » Homeowner's Association  State » CA  #17262
Can I Sue My Co-op Board for Harassment, Abuse of Power and Back Fees?

I plan to file claim against my co-op board in small claims court, to seek reimbursement for fees I paid them that were basically extortion and abuse of power. Is that legitimate? Also can emotional distress and harrassment and/or defamation be heard in the same claim, as long m...

12/21/2010 | Category » Homeowner's Association  State » NY  #23860
Can a Homeowner Association Make an Owner reimburse Legal Fees for a Lawsuit Won by the Owner?

My building does not allow DogsThere are 2 Dogs in my building already.I brought a legitimate Doctors note -it says medically the Dog helps my anxiety disorderThe board fought this and hired an attorney --The board lost the caseNow the board is trying to have me pay there attorne...

04/20/2011 | Category » Homeowner's Association  State » NY  #24684
Can a Proxy Duration Be Changed By Application Terms?

We are a HOA in Forsyth Co. Ga. we have always rolled over Proxy votes from year to year. Our By-Laws state---' Proxies may be given to any other member, and may extend for ant period.'Our new Management Co. Has sent out the Proxy vote for this year ans it states only good for 90...

05/17/2011 | Category » Homeowner's Association  State » GA  #24858
Can the CCR's of A Housing Association Prevent Children Under 18 From Living There?

In reviewing the CC&Rs for a single family home under contract, I noted that no residents under 18 years of age are allowed. I understand that there are allowed age restrictions for over-55 communities, but is an 18-yr age restriction allowed or is this a violation of Fair H...

08/03/2011 | Category » Homeowner's Association  State » AZ  #25275
How Do I Terminate a Homeowner's Association in Colorado?

Iam a unit owner in a subdivision that is governd by a HOA.I have at least 67% of homeowners signatures on a petition all agreeing thay do NOT want the HOA!how do I get them terminated with this petition,and what is the exact legal form to file this?

01/21/2012 | Category » Homeowner's Association  State » CO  #25595