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Housing Associations

Real estate home ownership that includes real estate assets owned in common with other home owners.

1,313 Questions

Who cen inspect the board meeting minutes?

Board meeting minutes can typically be inspected by board members, company executives, and, in some cases, shareholders, depending on the organization's bylaws and relevant laws. Additionally, regulatory bodies or auditors may have the right to access these documents for compliance purposes. Some jurisdictions may also allow the public to request access to minutes for transparency reasons. Always check specific legal and organizational guidelines for details.

How do you get around a rule by the tenants in a condo?

"...A rule by the tenants" can have many interpretations.

For example, are the foxes -- tenants -- running the hen house? Or, are there too many rented units? Are tenants making rules?

Whatever the complaint, take it to the board in writing and show that there is a violation of the governing documents. Ask for time on the next board meeting agenda to explain your complaint. The board is then chartered to correct the issue, if there is a violation.

Where to live in Hillsborough county without paying for homeowner association fees?

  • Consider older neighborhoods, rural areas, or mobile home parks in Hillsborough County.
  • Explore East Hillsborough (Thonotosassa, Dover, Plant City), North Hillsborough (Lutz, Wesley Chapel), and South Hillsborough (Ruskin, Apollo Beach).
  • Use online platforms like Zillow, Realtor[dot]com, and Homes[dot]com with "no HOA fees" filter for specific options.

In HOA what do common element and limited common element mean?

Read your governing documents for the particulars in your association, but generally:

  • common element -- for the use and benefit of 100% of the owners
    • pool, golf course, common roadway, landscape;
  • limited common element -- for the use and benefit of less than 100% of the owners, and often dedicated to a single owner
    • deck, enclosed garage, private driveway, shared attic.

All owners pay for the maintenance of common elements. Individual owners may be required to pay for maintenance of a limited common element, such as an attached garage or dedicated staircase.

How do I improve on my assessments at school?

To improve on your assessments at school, try to create a study schedule and stick to it, practice active listening during classes, ask questions when you don't understand something, seek help from teachers or tutors, and connect with classmates for study groups to reinforce learning. Additionally, make use of online resources and practice tests to assess your understanding of the topics.

What is name of the mental illness that causes presidents of home owners associations to devolve into controlling tyrants with an over-blown sense of self importance?

There are several versions: big-fish-in-little-pond syndrome; Napoleon complex; severe-tendencies-toward-self-importance; egotistical disorder; I've-always-wanted-to-be-in-charge neurosis; a little-knowledge-can-be-dangerous disorder; and a-little-power-corrupts syndrome.

Also note that if any of this behaviour causes financial or physical harm to the association's assets, resolution may be by way of the laws under which this person occupies the role of president.

When you have a motion with a second and ask for the vote and none of the board members say anything is it passed or failed?

If no board members speak up after the motion is seconded and the chair asks for the vote, it is typically considered a failed motion due to lack of support or consensus. The lack of response indicates that there is not clear approval for the motion to pass.

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.

Answer

HOA 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.

Can you sue somebody if your position on the HOA board caused them to act against you?

It depends on the specific circumstances and laws in your jurisdiction. If you can prove that the person took actions against you in retaliation for your position on the HOA board, you might have a case for retaliation or defamation. It's best to consult with a lawyer who specializes in HOA disputes to assess your options.

What reasons can a condo association be sued?

(In America, anyone can pretty much sue anyone for most any reason.)

The association is a corporation. Your governing documents and the state association law govern their responsibilities, limitations and actions.

If you believe -- and have evidence -- that the association's board has acted illegally, you can sue them. You can find an association-savvy attorney willing to take your case, and begin there with your stories, proofs and evidence.

However, in the case of the association, remember that if you are an owner, some of your assessment dollars are being used by the association to defend itself against your suit.

Is making false statements by a condo board law a felony crime?

Your question may depend on the amount of money involved in the matter.

Generally, condominium board members are volunteers; condominiums are gossip hot spots; some condominium boards behave in unprofessional ways, possibly because there is no mandate that they be professionals.

If you have evidence that supports a different position or a different set of facts, you can present them to the board.

If the board chooses to ignore your evidence, you can take it to an attorney who represents owners and request that the attorney send a letter to the association correcting the statement, based on your evidence. Further, requesting that the statement be corrected in the board meeting minutes.

What happens after an entry of judgment is filed for past due HOA dues?

After a judgment is filed for past due HOA dues, the HOA may proceed with actions to collect the debt, such as placing a lien on the property, garnishing wages, or seizing property for auction. The homeowner will be responsible for paying the debt along with any associated interest and legal fees. Failure to comply could lead to further legal action or even foreclosure.

Do homeowner bylaws expire with the covenants?

There is no standard.

If there is an expiry condition of the governing documents, that detail is written within them.

Otherwise, if your state law dictates expiry, and there is no mention of expiry in your governing documents, your state 'association ownership' law takes effect.

Your board of directors are most able to answer your specific question.

Can homeowner association covenants be enforced legally?

Yes.

The governing documents establish a 'private democracy' and every owner who purchases a 'unit' within the community agrees to abide by them.

It's the responsibility of the board to enforce the covenants with warning letters, even fines. It is the responsibility of the owner to 'follow the rules'.

In a court of law, the governing documents and its processes will generally prevail.

Percent of people in US who live in condos?

Approximately 10% of the United States population lives in condos. This percentage varies by region, with higher concentrations in urban areas and coastal cities. Condos offer a housing option that is popular among those seeking convenience and community living.

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.

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.

Difference between By Laws and Covenants in Home Owners Association?

You can think of the covenants -- properly, covenants, conditions, restrictions and reservations (CC&Rs) or decs (condominium declaration) -- as the association's constitution.

The By-Laws, then, are amendments to that constitution.


Together, and with any board resolutions and board meeting minutes, all these documents make up the governing documents for an association.


Different documents require different vote percentages of the membership -- owners -- to modify or amend. Usually, it's more difficult to amend the CC&Rs than it is to amend the By-Laws.



Only the board votes on resolutions and only the board votes on issues brought to board meetings.

Is member of the board capitalized?

Capitalization depends on context.

For example, President Jones is proper, and the board president is also proper.

The key is a style guide, and if none is available, then be consistent in capitalization. Some foreign languages -- such as German -- capitalize every noun. That's not necessary in English. Some industries and professions capitalize their own terminology, which is also not necessary.

Is grandpa's condo in leisure towers retirement community?

I'm unable to provide that specific information. It would be best to contact Grandpa directly or check with the retirement community management to verify if he resides at Leisure Towers retirement community.

How do you convert a 33 unit rental condo building to an owner occupied 50 and older retirement condo complex?

Your terminology in the question is confusing: either your building is a rental building, or it's a condominium building. Each presents different challenges for conversion.

If your building is a rental building, the owner can hire an association-savvy attorney to develop the governing documents, and work with a team to establish conversion prices, move-out arrangements for tenants who chose not to buy, and identify residents who won't be required to move.

If your building is a condominium, your association-savvy attorney can help you survey owners to identify the chances of gaining the uber-majority of votes required to amend your governing documents. Then, the attorney can draft the amendment and lead the membership through the voting process.

Again, logistical arrangements for residents who do not qualify under the new governing documents and will be required to move, must be made and implemented.

What if a condo board is corrupt?

Corrupt is a strong word, and you'll need proof of your accusation to call on any local authority to lay a legal charge on the board.

If, however, you suspect corruption, it's a good idea to document what you suspect. Read your governing documents to discover what rights you have as an owner to inspect records of the association. Then, review the records and make copies, as necessary.

As well, you can also hire an association-savvy attorney to help you proceed, or an association-savvy CPA to help you identify financial corruption.

What is anthropometric assessments?

Anthropometric assessments involve measuring and evaluating various aspects of the human body, such as height, weight, body composition, and proportions. These assessments are commonly used in healthcare, sports science, and ergonomics to assess growth, development, nutritional status, and overall health. They provide valuable information for monitoring changes over time and guiding interventions to improve health and well-being.

Annual election of board members if there are 3 positions open and the same 3 members run for the Board is the election necessary?

Yes, and here's why.

Your membership may only be allowed to vote for board members and to vote regarding the annual budget -- read your governing documents to confirm this. (And your membership confirms its faith in board members by voting for them.)

Because your board leads a legal corporation, and the governing documents for your private democracy state that board member terms are limited to some number of years, board members must be re-elected in order to conform to the law.

If a member -- unit owner -- challenges a decision or action of the board, the board members may be asked to prove their right to decide or act. If not properly elected, the action or decision could be in jeopardy. This is not a situation in which a corporation wants to find itself, legally.

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