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What else can I help you with?
Why are developer contributions to a Home Owners Association considered a liability?
Your answer depends on the context of the term 'liability'. If it is used in the context of the association's financials, the treasurer or auditor can give you an answer. In another context, you may need a realtor, or association manager or attorney to give you the answer you want.
In Florida how much can a HOA charge in fees for paying HOA fees late?
You can find the answer you want in your governing documents.
What makes a legal HOA?
An HOA is established by a developer, who files land-use documents with the local hall of records. In addition, the developer can incorporate the HOA under Articles of Incorporation. Governing documents, including CC&Rs -- the land-use documents that list covenants, conditions, reservations and restrictions -- Bylaws for conducting the business of the association and so forth are prepared. Any action taken by representatives of the HOA, including board members and owners, is potentially a legal action.
How can you file an injunction to prevent a developer from leaving an unfinished development Developer and HOA are violating covenant and not meeting with homeowners?
You need to consult with an attorney who specializes in real estate and litigation who can review your situation and explain your rights and options.
Can you get out of a HOA if your builder went bankrupt and less than 50 percent of the development did not get finished?
Regardless of the failure of the developer, owners purchased their properties subject to and with the benefit of the provisions of the HOA. Also, any purchaser of the developers rights in the subdivision will acquire all the developer's rights in the property including those under the HOA. An HOA is considered an asset to the continued value of a subdivision.If you and all the other owners wish to extinguish the HOA you should consult with an attorney who specializes in real estate law.
Can an HOA refuse to issue an estoppel letter?
Yes, an HOA can refuse to issue an estoppel letter if certain conditions are not met. These conditions typically include unpaid fees or violations of HOA rules. It's important to review the HOA's governing documents to understand the specific circumstances under which they may withhold an estoppel letter.
In Florida can developer rights to a Home Owners Association survive an absolute auction?
This is a question that only an attorney armed with all the facts could answer, and perhaps could be the ruling of a judge.Logically, the association's assets wouldn't be available for auction unless the developer had failed in some way, so that the developer's rights could survive -- you're correct -- doesn't make much sense.AnswerA developer's rights in a HOA generally run with the land. If the remaining land in the subdivision is auctioned off, the purchaser will acquire the developer's rights. Laws vary in different jurisdictions. Generally, if there were lots that were already sold at the time of the auction, the subdivision would remain subject to the HOA to protect the rights of already established homeowners.You can review the document that created the HOA to see if there is a clause stating the rights would pass to a subsequent owner of unsold lots. Sometimes the original developer must assign those rights to a subsequent developer. An attorney who specializes in real estate law would need to review the particular chain of title in order to provide you with a definite answer in your case.
Does A HOA Maintenance Co Charge for a Estoppel Letter?
The maintenance company involved can best answer your specific question: there is no standard.
A property management company claims to be in contract to manage our HOA with our developer who says we have NOT formed an HOA yet and the property management wants homeowners to pay working capital?
Read your governing documents to determine the phase that your HOA is in, in the development process. Your governing documents -- typically a Public Offering Statement (POS) -- may specify that at the time of sale, a contribution equal to a few months' worth of estimated assessments is to be paid by buyers -- usually as working capital. Unless this expense has been collected from all buyers equitably, it is unreasonable that an individual owner should be expected to simply 'pay it' at some future date. Generally, if no association board has either been appointed by the developer or elected by owners, as an owner, there is no legal entity to whom you can pay your assessments because there is no legal entity established to collect them. (Property managers can only collect assessments from shareholders on behalf of legal corporations formed to accommodate ownership of real estate assets in common. Assessments require some kind of budget base, either as developed in the POS as a draft or sample, or ratified by the membership.) Prior to the establishment of the association, an ethical developer will pay costs incurred to operate the property -- including property management fees, since the benefit derived by unsold properties passes to the developer. (The developer's objective is to sell units, to recapture the investment.) Until the association is formed, owners may be required to pay their own utilities and other expenses, including landscaping, trash services, and so forth until the association is formed and these expenses are included in assessments.
Does the HOA charge you for washing cars?
There is no standard -- every association and its governing documents is unique. If the HOA offers this service -- which is unlikely -- they can charge you for it. You could be charged for water use, if your faucet is individually metered; they could fine you for washing your car and wasting water -- if that is made clear in the rules and you have been given an opportunity to be heard in a violation hearing; or other. Ask around and discover how you might go about washing your car on association property -- or how you are best advised to go to a commercial car wash.
What does HOA mean to lawyers?
An attorney may give you a different answer.An attorney can work with a developer to craft governing documents to protect the developer's interests, while still including elements from state law that covers associations -- before any units are sold. Often, this is the Public Offering Statement.An attorney can work with the HOA board, to help the board conduct its business legally -- after units are sold. This kind of relationship must be led by the board. Boards can lead tasks to amend the developer's version of governing documents, to formulate applicable covenants and restrictions for that individual community.An attorney can work with owners who disagree with the board, to notify the board of illegal conduct, if any.Bottom line, HOA law can be complicated, involve strong personalities, and can be a lucrative line of practice for an attorney.AnswerHOA means Homeowners Association to lawyers. A HOA is generally formed by a developer in the early stages of a planned community via declarations or restrictive covenants. It is made up of people who own homes in the community generally has the purpose of preserve and improving the quality of life and property in the community. A HOA can collect monthly dues, make special assessments, issue and amend rules and regulations and enforce those and other restrictions that affect the community.
What is a homeowners association estoppel fee?
This is a fee charge by the HOA or Property Management Co. to remove one owner from (typically a seller) and add a new owner into (typically a buyer) an HOA. In NW Florida it's around $30-$50.
