Real Property Legal Questions and Answers
How Do I Defend a Foreclosure by a Homeowner's Association?
I was served yesterday with a summons of personal service on an individual by my HOA for non-payment. This is a foreclosure complaint for $15K. A lofty total that is made up of mostly fines, interest and attorneys fees (not actual dues). Long story short I was accessed two separate $5K fees for pre-existing landscape violations on my property. My property was inspected by ...
08/18/2009 | Category: Real Property » Homeowner's ... | State: Florida | #18143What is a Commercial Enterprise?
I live in a development with a pool. The Homeowners Association contracts with a pool management company for maintenance of the pool and liability insurance. The contract states that there can be no 'commercial enterprise'. Recently, the Association started charging a fee for guest passes to the pool. The passes are requested by residents for their guests. However, t...
08/04/2009 | Category: Real Property » Homeowner's ... | State: Pennsylvania | #17948Can 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 book, nothing is stated about limiting rentals and I have rented this house out for three years. Can ...
06/30/2009 | Category: Real Property » Homeowner's ... | State: California | #17262What 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 on a committee, pay most of the homeowner bills, and actually be the one voting on issues, it will al...
06/23/2009 | Category: Real Property » Homeowner's ... | State: Missouri | #17138Noisy neighbor, condominium, Minnessota
We have a neighbor who continually has parties in the town home attached to 4 families. She awakens all of us many nights a week, at all hours of the night, with loud, rude, parting. The parties are in the garage with the door half open, in the drive way, or on the front steps. We live in an association that cannot do anything except tell us to call the police. The police have ...
06/12/2009 | Category: Real Property » Homeowner's ... | State: Minnesota | #16943Do 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: Real Property » Homeowner's ... | State: Florida | #16777Can I be forced to pay HOA dues that were not in place when I purchased my property?
In 1991 I purchased a newly built home in a very rural area of New Mexico which had been titled Thunder Mountain Estates. It was the only home at that time. There was a 'property Owner's Association', but I had the only home. Any dues was strictly voluntary. I told the developer (who was the builder of the home I bought and also the 'President' of the 'Property Owner's Asso...
05/21/2009 | Category: Real Property » Homeowner's ... | State: New Mexico | #16748What is a standard amount that qualifies as 'capital improvement'?
There is a question in our home owners association regarding the term 'capital improvements' what is a standard amount or percentage that qualifies as a 'capital improvement'? Where may I find such information?
05/14/2009 | Category: Real Property » Homeowner's ... | State: Florida | #16670Can 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 will get the balance for the common charges. Now they want to annoy me so they put up a new lock on t...
05/06/2009 | Category: Real Property » Homeowner's ... | State: New York | #16598What 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: Real Property » Homeowner's ... | State: Minnesota | #16596