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Can a homeowner association hold you accountable for an exterior modification violation made by the previous owner four years ago?
Wiki User
∙ 13y ago
Several issues appear in your question that you can discuss with your board. For example:
- Which section of the governing documents was violated by the previous owner?
- What action did the board take to hold the previous owner 'accountable' for the violation?
- What was the previous owner's position on the modification?
- Did s/he request permission from the board to make the modification?
- Was approval given by the board?
- Was the modification completed as approved?
- What part of the modification was listed in your sale documents?
- Unpaid fine?
- Notice of lien to cover the fine?
- Other?
- Your definition of accountable is unclear. What does it mean in this context?
- Is the modification an asset that must be maintained?
Bottom line, it could be unreasonable for the association to hold you 'accountable' for 'something' that was not revealed at time of sale.
As well, read your governing documents to determine how/ if this 'something' is/ could be 'grandfathered' into your ownership, which might make you responsible.
Wiki User
∙ 13y ago
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What part of the right to privacy act addresses homeowner associations specifically the withholding of information of legal actions taken by the BOD against a homeowner for a violation of covenants?
Are the Board of Directors of a homeowners association prevented from revealing to the homeowners, at the annual homeowners meeting, legal action taken against a homeowner in violation of covenants.
Can a homeowner's association place a lien on a house as a penalty for convenant violations?
The homeowner association rules and state law will govern the actions that can be taken to assess and collect penalties against members who are in violation, and it may well include placing a lien prior to a lawsuit to stop the violation and collect damages or penalties. A lien would be to collect money owed the association only (such as fines for the violation)--a "notice of non-compliance" may be recorded for the violation itself. Please note that a lien or notice of non-compliance will usually be the prerequisite to a lawsuit initiated by the homeowner's association to secure compliance with the covenants/CC&Rs (injunctive relief) and/or collect the fines owed (foreclosure).
A homeowner's association has not enforced a rule for two and one half years Can the board of directors now enforce said rule?
Generally speaking, the purpose of a homeowner's associations is to enforce the community rules. If you've submitted a complaint because a resident is on non-compliance with the rules/regulations, and association has not responded in a way you believe is appropriate, you should consider escalating to the board of directors if they have oversight of the association. However, if you're the resident in violation of the rules and are wondering if there is some statute of limitations on their addressing your violation, my initial response would be "no". If the association has the authority to enforce that residents follow the rules, then it shouldn't matter whether they "catch you" on day one or day 300; you're in violation of the established policies.
How does a homeowner associations go about making you go by their rules?
Read your governing documents to determine the notice required by the board to inform you as to the 'rules'. Your violation of the 'rules' may be subject to a notice of violation and hearing.
If your spouse who you were separated from comes back from serving in Iraq and moves back in with you is this a 3rd amendment violation?
If the homeowner allows it, then No.
Does a CA homeowner association have standing to obtain a TRO on behalf of a nonmember where association had no personal contact with defendant?
Relying strictly on the info contained in the question: No they wouldn't. An association does not have 'standing' to act on behalf of a non-member. HOWEVER: Acting on its own behalf, the HOA would have authority to take legal action to keep a visitor/trespasser off their property, if that visitor/trespasser was in violation of the HOA convenants, or disturbing the community at large.
What would be a homeowner ordiance violation in Chattanooga Tn?
You would have to contact the city and get a copy of the ordinances and read through it to find out.
What do you do when being harassed by your home owners association?
Your home owners association may be requiring you to follow your governing documents. You can ask for a clarification of the violation for which you are being notified. Further, read your governing documents so that you understand the process the board can follow when 'curing' a violation. If you believe that contact from the home owners association is valid 'harassment' -- that you are not in violation of any covenant, condition, regulation, restriction or by-law -- you can involve the police.
Is making the change in your car so the engine will sound louder and you can notice the gears shift at a distance a legal modification?
Excessive noise is a violation in most states
Can your homeowners association fine you for not coming to a meeting?
Your answer depends on the nature of the meeting. If you have been issued a notice of violation, requested and been given a chance to be heard, and fail to attend that meeting, you may be adjudged guilty of your violation, based on your position of 'no defense'. In this case, the board may choose to fine you for the violation. It would be rare for an association to be able to fine you for not attending just any meeting.
Living with your client in a custody case?
It's an ethic violation, contact the state supreme court, not the bar association.
What is differential association?
A theory of criminality based on the principle that an individual becomes delinquent because of an excess of definitions learned that are favorable to violation of law over definitions learned that are unfavorable to violation of law.
