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The covenants under which the developer defined the land use for the association are filed in the local hall of records. If owners want to un-do this land use, you must work with an association-savvy attorney to re-define the use of the land.
Such an action may required a 100% vote of all affected owners, given this change of use of the land.
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What is Alabama law on homeowners associations?
You can find the answer you want in this link: hoa-usa.com/statelaws/al.aspx
What should you do if your association president numerously violate your bylaws?
Steps homeowners can take if the HOA is falling down on the job of maintaining the property.
What do the initials HOA commonly stand for?
The initials HOA can stand for many different things. Commonly, however, HOA stands for Home Owners Association. Others possibilities include Horn of Africa and Heads of Agreement.
Can a Homeowners Assn have an insurable interest in a fence on property fence not on the common ground of the HOA?
Yes, a Homeowners Association (HOA) can have an insurable interest in a fence on a property that is not on the common ground of the HOA. The HOA is responsible for maintaining and enforcing certain rules and regulations for the entire neighborhood or community, which may include the maintenance and insurance of fences on individual properties. It is important to review the specific bylaws and governing documents of the HOA to determine their insurance responsibilities.
Can a trampoline be put in an area where there is a homeowners association?
With the approval of your HOA it may be, but I wouldn't imagine they are likely to approve it.
Does an hoa management company pay for any losses in a homeowners insurance claim?
No, an HOA management company typically does not pay for any losses in a homeowner's insurance claim. Homeowners insurance is a separate policy that homeowners are responsible for purchasing and maintaining. The HOA management company is responsible for managing the common areas and implementing the HOA rules, but they do not cover individual homeowner's insurance claims.
Are Homeowners associations allowed to disperse the settlement monies to homeowners only upon their approval?
It all depends on the terms of the association contract you signed when you bought your property. There are all kinds of arcane language limiting a property owners rights in the HOA's. That's why I never buy property in an HOA.
How can a homeowners' association be removed from a deed?
Generally, procedures for abandonment of the homeowners' association (HOA) are found in the HOA covenants. These procedures would have to be followed unless they were not consistent with state law. If the covenants do not address disbandment of the HOA, then applicable state law would govern. In any case, if you are looking to remove a HOA, you should talk to a real estate attorney.
What type of lien should a homeowners association file for overdue fees?
A homeowners' association would file a labor and materials lien entitled Assessment Lien. See the HOA covenants for more information on liens. I would recommend that the HOA retain a real estate attorney to prepare and file the liens.
Can a homeowners' association force owner to pay fees that were collected by former homeowner association?
Your question sounds like there was an original HOA, which was superseded by a new HOA. Every HOA collects assessments to operate the community, and as an owner, your governing documents define your responsibilities to pay and the association's responsibilities to collect assessments. The new HOA has its own form of assessments, regardless of the form of assessments paid to the original HOA.
Is a home still under construction have to pay hoa dues?
It depends on the specific rules and regulations of the homeowners association (HOA) in question. Some HOAs may require homeowners to pay dues even if their home is under construction, while others may exempt them from paying until the construction is complete. It is important to review the HOA's governing documents or consult with the HOA directly to determine their specific policies regarding dues for homes under construction.
Can a homeowners association board member be removed. If so for what cause?
Yes, a homeowners association (HOA) board member can be removed. The specific process and causes for removal can vary depending on the HOA's bylaws and state laws, but some common reasons for removal include violation of fiduciary duties, misconduct or unethical behavior, financial mismanagement, failure to fulfill board responsibilities, or a breach of the HOA's governing documents. It's important to consult the HOA's bylaws or seek legal advice for the specific requirements and procedures for board member removal in a particular HOA.
