Read your governing documents to determine the list of common elements, i.e., real estate assets that all owners own in common.
A local common interest community-savvy attorney can advise you in your particular situation.
A condo or townhouse Homeowners' Association (HOA) governs a group of condos, wherein the association is responsible for the maintenance of the outside of the building(s), landscaping, and utilities, in addition to maintaining common areas and enforcement of the CC&Rs. This is because the properties being governed are condos and not houses. A planned unit development (PUD) HOA is responsible for ensuring compliance with the CC&Rs of the PUD and upkeep of any common areas in the PUD. However, individual owners maintain their homes and land, as each lot in the PUD is individually owned.
If the association has been dissolved, the common area -- which was part of the association's assets -- can no longer be considered part of the association, if that was part of the dissolution process. Your answer lies in the document that dissolved the association. and its description of the distribution of the common area(s) There is no standard..
A petition to dissolve a homeowners association should include the following information: A clear and concise statement explaining the purpose of the petition, which is to dissolve the homeowners association. The name and address of the homeowners association being addressed. A list of reasons or justifications for dissolving the homeowners association, such as lack of effectiveness, financial burdens, or loss of trust among members. A signature section for homeowners or residents who support the petition, including their printed name, address, and signature. It is also important to include the date of signing. Ensure that the petition is professionally presented and copies are available to be signed by the concerned homeowners or residents.
You can consult with a local, common interest community-savvy attorney to learn more about how to accomplish this task.
Personal lines insurance typically does not include coverage for homeowners' associations. Homeowners' associations typically have their own insurance policies to cover their common areas and buildings. Individual homeowners may choose to purchase personal lines insurance to cover their own property within the homeowners' association.
Your answer depends on the proposed insertion of the 'grandfather clause'. Association counsel, or a local, common interest community attorney can answer your question specifically. There is no standard.
No. A HOA is not considered a business.
A common interest community-savvy attorney can help you address your particular situation. .
Answering your question is difficult, since there is no context for the phrase 'exclusive common element'. However, the phrase may refer to a common element that's use is dedicated to a single owner. Sometimes a deck, a parking slot, a balcony is also called a 'limited common element'. The limited common element means that the association owns it, and it is dedicated to your use, but the association maintains and repairs it. Ask your board the specific question and you can get a specific answer about the asset being referenced.
The charter of a Home Owner Association (HOA) usually states the powers, but, in general, the HOA is a collective entity that is established in part to protect the mutual interests of the members against violations. The association may have legal standing to be heard in any zoning or building case that relates to property of the members individually, the HOA common ownership, or any abutting property to that of the association.
The term 'trustee' may be representative of the leadership required for the association. The association represents all owners who own real estate in common. Often associations are multi-million dollar ventures and require leadership.