Real Property » Homeowner's Association Legal Questions and Answers
How Does a Homeowner's Association File A Lien for Unpaid Dues?
We need to file a lien on some property owners in our subdivision because they have not paid their Home Owner Association dues. What kind of lien do we need to file and where do we get the form?
01/13/2010 | Category: Real Property » Homeowner's ... | State: Kentucky | #20433Are Restrictive Covenants Enforceable After the Builder is Out of Business?
If a developer goes out of business (the neighborhood is 20+ years old) does the purchaser of some land in the neighborhood have to abide by the covenants that were set forth by the original developer? I.E. 1 house was to be built on 4.5 +/- acres...the new owner wants to divide and build 3 houses. This is in the state of Alabama. Thanks!
12/04/2009 | Category: Real Property » Homeowner's ... | State: Alabama | #19912What Happens to Restrictive Covenants After the Builder is Out of Business?
What if covenants have a builders restriction, but the builder is no longer in business? In essence, the entity does not exist.
11/11/2009 | Category: Real Property » Homeowner's ... | State: Minnesota | #19568How is a Homeoners Association Created?
When I bought my home in a subdivision 4 years ago there was not a home owners association, dues or restrictions. Now someone who will not reveal their name is sending notices that they will establish a HOA, meeting times and states that we will be required to pay dues starting 2010. Can they just decide that I have to pay dues when it was not apart of the contract when I purc...
11/03/2009 | Category: Real Property » Homeowner's ... | State: Missouri | #19446How can I protect my property while letting a caregiver stay there?
I own a condo in Tucson, AZ and I am proscribed from renting it without the HOAs approval (HOA regulations limits the number of units that can be rented out). I want to have a friend stay there (rent free) as a caretaker, due to the fact I had some significant water damage occur when the house was empty. I only want the friend to pay their own utilities and take care of my ho...
10/22/2009 | Category: Real Property » Homeowner's ... | State: Virginia | #19241How 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 | #16943