Real Property Legal Questions and Answers
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 Housing?
08/03/2011 | Category: Real Property » Homeowner's ... | State: Arizona | #25275How are the Votes in a HOA Assigned?
I own a property in an HOA in New York State. Both our Declaration and Bylaws state that regardless of how many properties a person owns, he or she has just one vote at the HOA annual meeting. At the most recent Annual Meeting, two people voted multiple ballots. Is there a law in NY that states that multiple property owners have multiple votes, or did our board incorrectly allo...
06/21/2011 | Category: Real Property » Homeowner's ... | State: New York | #25072Can a Violation of Bylaws Prevent a Member From Being on the HOA Board?
We are a single family home H O A in Forsyth Co. GA. If a member is found to be renting a basement apartment. Can that member be eligible to be on the board of directors?Or restrictions state property can only be used as a ' single family dwelling' and if proxy votes were the only way this member is trying to join the board--- Doesn't the proxy votes be verified by the existing...
06/19/2011 | Category: Real Property » Homeowner's ... | State: Georgia | #25062How Do I Defend a lawsuit for dues and fees filed by a Homeowner's Association?
We are late paying this year's homeowner's assn. fee. We called and were told we were ok as long as it was paid by the end of the year. Now we get a summons to appear in court which includes not only the hoa fee with interest but also attorney and process server fees. What options do we have? Can we just pay the hoa fee? Do we have to go to court? Do we have to pay the other ...
06/17/2011 | Category: Real Property » Homeowner's ... | State: Maryland | #25046Can 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 days. There has been NO amendment and NO vote to change anything with the Proxy being mailed out on...
05/17/2011 | Category: Real Property » Homeowner's ... | State: Georgia | #24858Is the HOA Responsible for Damage Caused By Roof Repairs?
Due to storm/hurricane damage in 2008, my HOA decided that the roofs needed to be replaced. The HOA hired a contractor to replace the roof on each unit / townhome, including the detached garages, and each homeowner was charged $2,500. Apparently, the project was completed in January of 2009. In 2008, when the hurricane occurred, I was not at home. During the time that the ...
05/14/2011 | Category: Real Property » Homeowner's ... | State: Texas | #24833Can 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 attorney fees of 992 dollarsI am going to fight thisyour opinion please
04/20/2011 | Category: Real Property » Homeowner's ... | State: New York | #24684Can a Homeowner Association Prevent Me From Renting My Home?
Can the HOA stop me from renting the townhouse that has been a rental for five years?
03/04/2011 | Category: Real Property » Homeowner's ... | State: Wisconsin | #24338Can 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 my claim is below $5,000, the limit in Small Claims Court? Should I wait and file separately for the ...
12/21/2010 | Category: Real Property » Homeowner's ... | State: New York | #23860What Are a Trustee's Rights to Be on the Board of a Homeowners Association?
Our home is in a trust. We belong to an HOA. My father is administrator of the trust. He has assigned me (his daughter) to represent the trust with the HOA. As the representative, I feel I should have all rights of any homeowner such as being on the board or holding an officer position. What statute should I use to force the board to accept the representative of this prope...
12/17/2010 | Category: Real Property » Homeowner's ... | State: Texas | #23832