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Your answer may depend on what you choose to use the state law as protection against in the arena of your association. Discrimination, abuse, un-lawful acts may be taken by associations against an owner, and the owner may protest these actions.
Best practices dictate that you take your proof of whatever action by the association you choose to protest against to a local, common interest community-savvy attorney to discover if the lawyer is willing to take your case based on Ohio State law.
Wiki User
∙ 9y ago
Wiki User
∙ 9y agoYour answer depends on who you want to protect the association from. Your association counsel can advise you on your particular situation.
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Do the bylaw of a Homeowners Association supersede the covenants in Florida?
Most all governing documents can supersede state law in common interest communities, if they are reasonable. Best practices dictate that the association consult with association counsel to determine how applicable and enforceable a specific by-law may be.
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.
How is a Homeowners Association formed in an existing subdivision?
To form a Homeowners Association in an existing subdivision, a majority of the homeowners in the subdivision typically vote to establish the association. The process usually involves gathering support from homeowners, drafting and adopting governing documents such as bylaws and covenants, conditions, and restrictions (CC&Rs), and registering the association with local authorities if required. It is essential to consult with legal professionals and follow any state or local regulations regarding the formation of homeowners associations.
Can a homeowners association garnish wages?
A homeowners association does not have the authority to garnish wages. Garnishment of wages can only be conducted by a court order, typically in cases involving unpaid debts. However, homeowners associations may have the ability to place a lien on a homeowner's property or pursue legal actions to collect unpaid dues or fines.
In a Homeowners Association can non-owners be on the board of directors?
It depends on the specific rules and regulations of the Homeowners Association. In some cases, non-owners may be eligible to serve on the board of directors if they meet certain criteria, such as being a family member or representing a business that owns property within the association. However, in most cases, the board of directors is composed of homeowners within the association.
Can a homeowners association tow a vehicle with expired tabs if Mn statue states tabs expired LESS than 90 days is prohibited from being towed?
If the Minnesota statute prohibits towing vehicles with expired tabs less than 90 days, then the homeowners association would not be legally allowed to tow a vehicle with expired tabs within that time frame. They would need to wait until the tabs have been expired for 90 days or longer before towing the vehicle.
Can the homeowners association remove disabled parking in the complex?
Yes. And the association may be required to adjust handicapped parking spaces/ slots/ rules depending on the requirements of any handicapped resident. Your state condominium law, or state housing law for handicapped persons may apply. If the resident is a tenant, however, the expense of accommodation may be passed along to the owner, who enjoys the revenue stream from the tenant.
Who is responsible for changing the ownership name from developer to homeowners association on condo docs in NH?
Read your governing documents where you will find a definition of the transition process, where the developer -- declarant -- transfers control of the project to the control and management of the association by its owner-elected board. Lacking the inclusion of this process in your governing documents, read your state law. You can follow the link to it, below. This is also a process best accomplished under the guidance of an experienced association management company and an association-savvy attorney, to insure that owners receive all of the materials due them under state law from the developer at this critical benchmark in the life of the association. Changing the ownership name is one of the tasks to be accomplished in this transition.
Can a condo association invest some of the reserve money in out of state or online bank?
Short Answer: Probably yes.Longer answer: Read your governing documents to identify the section that covers banking. If your documents are silent, you can look to the state law governing condominiums for banking guidelines.You may find none.Otherwise, your association may be a corporation, in which case you can look to state law for corporate banking guidelines.Your board may be mandated by state law with fiduciary responsibility or a duty of care to protect your reserves. (Your association's attorney can help you understand these legal terms.)Finally, as a practical matter, community-centric associations may desire to support local banks. However, your board may decide to protect your reserves with a non-local bank, motivated by similar FDIC protections coupled with higher interest rates.
Can a homeowner challenge a decision made by an homeowners association in the court of law?
Depending on the court, if you can find an attorney qualified and licensed to practice in that court who will take on your challenge, then, yes, if the court allows the challenge.
How much is the percent that a Homeowners Association in Arizona allowed to raise dues?
Read your state law to determine the series of answers that may apply to your case. For example, the association may be able to raise assessments, but above a certain level, must notify all qualified mortgage lenders. As an owner, you can inspect the budget and determine why the assessments are going up. An explanation by the board is required.
What level of US government regulates the practice of law?
The "Practice of Law" is regulated by each state, normally, through a "Bar Association" chartered and regulated by the Supreme Court of that state. In essence the US Government does not regulate the practice of law, only states can; you must be a member in good standing of the state bar in order to apply for the 'american bar' association.
