Homeowner Rights at a Condo and HOA
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- Опубликовано: 21 янв 2025
- What are your rights as an owner-member in an association?
If you live in a community with rules and regulations, you have a certain number of rights that go along with your ownership interest. You also have "responsibilities" to the community, but we will discuss here your RIGHTS.
Most condo and hoa associations need a little help. A little professional guidance goes a long way. Many of management companies out there are stretched thin and cannot keep up with the quality of service that homeowners demand. Do you have questions about some of the operations at your community?
Do you suspect fraud, theft, impropriety? If so, you're not alone. You may not have all the facts and information you need to determine the real truth. Do you need help in comparing what your situation is now compared to the way it should be?
Please go to my site and view all videos and articles that can further educate you. www.homeownerassociationconsulting.com or the easy way to remember www.CondoDetective.com ..
Feel free to send me an email with your questions. I can help board members, groups of homeowners, attorneys prep for trial, expert witness work, and general strategy consulting work. Also, if your association is involved in a legal case where the attorney needs an expert witness, have them drop me a line.
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Hello there. To cut to the chase I bought a home in a condominium project in which the hoa was dissolved 12 years ago. There was no declaration regulations of any kind given to state conditions, covenants, and restrictions that apply and run with the land when doing paperwork. Three years later I am being forced into the reinstated hoa. My argument is that if I have no choice because I have to follow the laws, then so do the co owners that have been living their for the last 12 years. They basically abandoned the the governing laws and lived as they those. When you don't follow or enforce the laws as a whole community they become unenforceable correct? So why should I have to follow restrictions etc considering that they chose not to follow for 12 years.
This sounds like it had lots of legal thought going into it. I am not an attorney but I am pretty sure that much legal groundwork had to take place for the reinstatement of the HOA. I believe that now, everyone has to come up to par and raise their standards to the current rules. It seems like your situation is a "from now on.... the rules will be enforced".. is that the case?
Yes,that's pretty much correct. I just don't see how you can stand on the ccrs when they are convenient for you. Old neighbors don't do anything for 12 years and then put the new neighbors on the hook legally, then use their money to clean up their neglected neighborhood? Unfair
@@civilizedbusta go to my blog on homeownerassociationconsulting.com -- You'll find some interesting information there.
I had a disagreement with my HOA board concerning the leasing of my unit. I sent them my interpretation of the documents that would have allowed me to lease and they hired a lawyer to write an opinion letter to bolster their interpretation. The attorney wrote the letter but arrived at his opinion only after modifying the wording of our declaration. I responded and pointed out his modification but I've heard nothing back.
Now the association board is billing me for the attorneys time. Do they have the right under Florida law to do that?
Dan. It depends. I am not an attorney and do not know all the details of your circumstances. In some cases either the declaration or the law allows for attorney fees to be collected. Many times however it is usually from winning at trial or some type of mediation. If the association is the one invoicing you, you’ll need to clarify with them why you are being asked to pay fees for their counsel in attaining an opinion on the documents.
How did everything turn out?
Hi
I need to rent my place to pay my mortgage, and the board of directors put 6 months restrictions, which makes it so difficult for me to find tenants since my place is furnished. Also, they charge a move in/move out fee, which is unfair for furnished places.
Is there any law to help me with short-term rental. It's been a month since I had tenants. Would you please advise!
Hi. If the rules are set for buyers/renters to move in, then it would be very difficult to change them. There is a pretty big movement where associations want to discourage short term rentals. The association documents may also set the shortest term for rental and that would be even more difficult to have amended.
I have a question. I live in a condo gated community and my parking spot has a handicap sign on the ground and there’s a poll on the front where the handicap sign was removed so it’s a blank poll but the one on the ground remained and visitors with handicap permits keep Parking on my space and I asked HOA if they would paint over the sign and they said they can’t or won’t she told me to report the car to security but I still have to find parking somewhere else because the security guy isn’t going to remove the car... is there something I can do to get them to remove the handicap sign on the ground???
This sounds like a situation the board needs to run by their attorney. If the space is assigned to you as a limited common element where you have the sole rights to its use, then you may be in a good position to request the floor signage be removed. It boils down to who has the rights to using the parking space. I am not an attorney and not familiar with the details of your association or the documents, but that is where I would start.
Are we allowed to see the minutes?
Yes.. Condo and HOA laws differ a little but all owners are entitled to see those documents. Sometimes you'll have to put in a request in writing to see them. see my blog on my website for info such as this... HoemownerAssociationConsulting.com
sorry if this has already been asked.. If I purchased a house (lot) in an HoA and signed/agreed at closing to the list Hoa requirements- what rights do I have if they start changing and modifying those requirements? I have never been asked to vote on changes or issues in my community. Meetings I have gone to are only for complaints/suggestions. Are HoAs required to get a majority vote for changes in the HoA or does the board just make unilateral decisions for all? and if not- why not? shouldn't we vote for changes we are legally bound to follow? thanks
You own a lot. Does that make you a member of the association? What do the documents say qualifies as a member of the assc? If you are, does management have your information? Do you pay dues to the assc? There are lots of unknowns that can lead to different answers. Email me some details and we can chat about it. KarelCosta@icloud.com
I have a question. I live in a condo gated community and my parking spot has a handicap sign on the ground and there’s a poll on the front where the handicap sign was removed so it’s a blank poll but the one on the ground remained and visitors with handicap permits keep Parking on my space and I asked HOA if they would paint over the sign and they said they can’t or won’t she told me to report the car to security but I still have to find parking somewhere else because the security guy isn’t going to remove the car and why should I keep reporting it to security? I shouldn’t have to keep doing that! I shouldn’t have to park my car somewhere else when I have my own parking spot.... is there something I can do to get them to remove the handicap sign on the ground???
Gated communities may have to adhere to parking codes differently. Have you asked your board to formalize the appearance of the parking spot?
Can any homeowner that lives in the area become part of the homeowners association council
Jack..... Serving on the board of directors is dictated by the documents.. The documents should describe who is allowed to serve.. Most of the time, a "member / owner" is the only person that qualifies.... however, I have seen documents that allow anyone at all, even they do not live in the community, to serve on the board.. does this answer help?
I have a pretty specific question. What are the obligations of a HOA to disclose known damage and continued deterioration of roofing structure if they paid to have an inspection and report done. This is coming up because after I moved in, in June of 2014, I received a letter in December of 2014 from an attorney spelling out what the HOA and what the homeowners are responsible for when replacing a roof. The CC&Rs that we received originally were very vague, so the HOA hired an attorney to interpret the CC&Rs and spell out that the HOA is responsible for the surface roof structure but not any of the supporting internal structure. We are about be faced with a $25,000 each charge for a roofing company to come in and remove all the dry rot before a new roof can be installed. The issue is that in 2003, the HOA had a detailed inspection done and got a very detailed report back showing the very bad condition of the roofs at that time. There is absolutely NO evidence that any owners were ever notified of this issue and were allowed to just keep selling to unsuspecting new owners who are now on the hook to fix more than 20+ years of damage. There is no evidence that there was any mitigating done to avoid further damage. I feel that the HOA at least has some responsibility to help. I am not even asking for them to pay for it (although they probably should), but they will not even help the homeowners arrange the repairs. I am just very interested to know what the obligations of an HOA are when they have such information in their hands.
There are details missing to your story that limit my response. In essence, any report that the association pays for should be an official record that owners have access to. Do they the records seeing that it was almost 20 yrs ago? If you have a 20 yr old roof with wood rot, it probably refers to the plywood sheeting. This is common, especially if there were unknown leaks. If this is the case, the association probably needs more funds to replace the "common elements" such as your roof's plywood.... Feel free to call me or email me directly and I can ask you more questions..
Please share the following link on your social media and with other owners with similar concerns (it's quick way for homeowners to get lots of info): www.homeownerassociationconsulting.com/blog
I,along with almost 300 of my neighbors, need your help in Florida. We are in a mobile home park and all the shareholders sold out. Of about 964 residents, 600+ were given the opportunity to sign the new prospectus which has a guarantee that the lot rent will never go above 3% and has all the rules and regulations in it. The new owner is refusing to allow us to sign even though the leases were not made available to us, which was not our fault. There is more to this, but are you able to help us at all? By the way, we are all seniors here in the park and this new landlord has properties all over the nation, all of which are for seniors. They are doing this to other properties as well. Pleae can you help?
Good morning Mr. Lucas. Can you email me these details so I can better respond? My email is karelcosta@icloud.com .
Being a mobile home park may involve lots of details with leasing and powers of the landlord. Send me a copy of the association documents if you have them available.
Members of the board of directors of a condominium can use their position to have privileges
personal, while the owners are not allowed
Yes, it can seem that way. That’s because there are no real rules in place to control improper behavior.
Do I have the right to know the delinquency percent in our community?
Depending on the state, you probably have the right to see all financials. The balance sheet should have a list of the assets and liabilities so you may find your answer there as well.
What are you doing if you found your association faith ther fingers in the cocky glass
Ingrid. Maybe you can rephrase the question.
What you are telling people you help the association not the people
Ingrid. I help everyone. Sometimes it’s a board, other times groups of homeowners, and many times I help attorneys with their cases / lawsuits.
All HOAs should be disbanded.
That's one way to look at it...