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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

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.

Is a drivers license the only legal identification accepted by Homeowners Association Security in gated community in Florida?

No, a driver's license is not the only legal identification accepted by a Homeowners Association Security in a gated community in Florida. Other forms of legal identification, such as a state identification card, passport, or military ID, are typically accepted as well. It is best to check with the specific Homeowners Association for their accepted forms of identification.

How do you form condo owners assoc?

You hire an association-savvy attorney in your state who tailors the state's condominium law -- if there is one -- to fit you, the developer's, business objectives. The original association documents include the language to protect the developer's initial interests, and also includes the language the original buyers will use as the foundation for their governing documents.

Usually, the association is a non-profit corporation within your state -- but it could be a profit corporation if the association owns amenities that it rents out, such as a golf course.

Your association-savvy attorney can help you understand how to define, craft, file and operate a condominium owners association.

What can you do to complain about your hoa?

Your answer depends on the validity of your complaint.

For example, if you don't like the way the lawn service mows the lawn, you can make your suggestion in writing to the landscape committee.

If you don't like the way the HOA spends your assessments, you can request coipes of the budget and verify that the association is spending your dollars as agreed by the budget ratification process.

If you disagree with your neighbor, look into your governing documents to determine activities that your neighbor engages in that may violate the HOA guidelines.

Best practices dictate that you educate yourself as to the roles required of the HOA board, owners, residents and the association manager, so that you can complain with purpose about a violation of the agreements you all made with each other when you purchased your property in an HOA.

How can you force your condo association to abide by the Master Deed and provide all of the parking stated in the deed?

You can write a letter to your board citing the section of the Master Deed that references parking. In the letter, ask for time on the agenda at the next board meeting and request an open discussion.

Finally, request that the board cure the defect, or make a motion and vote on their plan to come into agreement with the Master Deed.

The board's discussion should be part of the open board meeting minutes.

Is the outside dryer vent cover on a 5 story condo building a common element to be repaired by owner or building maintenance?

Your governing documents will specify ownership of the dryer vent cover. Lacking any definition for the cover per se, look for text that covers ownership of the 'dryer vent' with the understanding -- which you can verify in writing by sending a query to your board of directors -- that the cover is included in the dryer vent mechanism/ definition.

The 'dryer vent' may be defined as a common area element or a limited common area element, depending on your individual governing documents. Rarely are they defined as owner-owned.

Bottom line about dryer vents: they can pose a fire hazard. Most associations charge owners to clean them as part of routine preventative maintenance, which owners pay for in their assessment payments.

It will be important to repair the dryer vent cover, to prevent its appeal as a nesting area for different animals that may want to build there.

How is Homeowner Association fraud reported and to whom in Illinois?

According to Wikipedia: "In law, fraud is deliberate deception to secure unfair or unlawful gain" with both civil and criminal penalties.

Best practices dictate that you take your proof of fraud to a local, common interest community-savvy attorney, who can help you understand your options.

Depending on the evidence, the attorney may recommend that the county prosecutor become involved.

Are homeowner associations a commercial business?

No, homeowner associations (HOAs) are not typically considered commercial businesses. HOAs are usually nonprofit organizations established to manage and maintain common areas, enforce community rules, and collect fees from homeowners for the overall benefit of the community. While they may engage in some commercial activities, such as contracting with vendors for maintenance services, their primary purpose is to serve the interests of homeowners and the community.

Who is responsible for property owner association fees?

The owner of a property is responsible for paying association assessments. This is made clear in the governing documents signed at the time of purchase.

More Detail

These days, however, unless the association's governing documents are specific, some banks that end up holding title to association property do not pay assessments.

Best practices dictate that any owner, including a bank, that does not keep up with paying assessments be tracked and reminded of the obligation to pay.

When assessments are not paid, and collection efforts fail, the association may be able to file a lien, or essentially foreclose on a property in arrears.

How can I get the HOA documents before buying?

Demand that your real estate agent get these documents for you before buying into an HOA:

  • CC&Rs, including By-laws
  • The past three years' board meeting minutes
  • The past three years' financial reports
  • Any Board Resolutions you will be subject to, that are not included in the CC&Rs

Take your time and read through them carefully. It can be a huge amount of reading, but completing this due diligence may mean the difference between your buying into a disaster-laden situation or buying into a well-run, efficiently operated association.

Then, ask to speak with the property manager, to discover any issues that are coming up that are not yet documented in the minutes.

You should not have to pay for any of these copies.

If you choose not to buy, return the documents, so that they are available for the next potential buyer.

In CA is recording of HOA board meetings legal if the board doesn't approve it?

If the board meeting is an open meeting -- your governing documents will define this -- and is thus, a 'public meeting', apparently the California Digital Law applies.

You can read how it applies to public meetings, below.

As an owner, you may be able to make the case that if your recording does not disrupt the meeting, it is unreasonable that your recording of it be denied.

Can a homeowners association in a 55 and older park evict a homeowner who is 42?

Read your governing documents to determine how many owners must be of a certain age or older.

Some communities require that a large percentage of owners be of a certain age or older; rarely is the number 100%, but it is possible.

Then determine how an owner at age 42 became an owner.

If the owner is the surviving spouse of an owner who qualified to own, your governing documents will clarify how this situation should be handled.

Eviction should be a last resort by the association, especially if the under-age owner is a viable member of the community.

Can homeowners association in FL which maintains capital improvement reserve funds use them to replace property which is still in good usable condition?

This is a common question that arises over the maintenance and repair of major real estate assets covered by the association's reserve study.

The answer is based in economics.

A reserve study estimates the useful life of a real estate asset. Annual budgets contribute to the reserve account according to the recommendations -- or other guidance -- of the reserve study specialist.

When the year arrives during which a major project is planned and for which funds have been earmarked in the reserve account, the question can be: Do we repair an asset that is in 'good usable condition'? (which is your question).

The answer is up to the community to determine.

Best practices dictate that the board present the proposed project with its associated expenses to the community and asks the community for feedback on whether to push the project back until the asset fails -- which can cause additional expense if damage occurs -- or proceed with the project as planned.

This is not a community vote, but a community conversation.

There is no standard answer.

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.

What to do if condo board doesn't enforce the rules?

Read your governing documents to determine the board's responsibility to enforce the rules.

If a particular violation of the rules disturbs your quiet enjoyment, write a letter to the board detailing the violation and request that the matter be added to the next board meeting agenda, together with a few minutes of your time, so you can explain your discomfort.

Ask in your letter that the board vote to enforce the rules -- uniformly and fairly -- or choose not to enforce them, then record the vote in the board meeting minutes.

This recorded discussion, motion and vote become evidence for any legal action anyone wants to take regarding the enforcement of the rules, or the board's execution of its duties.

Are elected board members on Homeowner Associations volunteers?

Yes, elected board members on Homeowner Associations typically serve as volunteers. They are not usually paid for their service on the board. However, in some cases, they may receive certain benefits or reimbursements for expenses incurred while fulfilling their responsibilities.

How do you register a memorandum of incorporation for a Homeowners association?

To register a memorandum of incorporation for a homeowners association, you typically need to follow these steps:

  1. Prepare the memorandum of incorporation (MOI) document according to the requirements set out in the Companies Act of your country.
  2. Submit the MOI document along with the prescribed application forms and registration fees to the relevant government agency or company registrar.
  3. Wait for the registration process to be completed, which usually involves a review of the documents and issuance of a certificate of incorporation.
  4. Once the certificate of incorporation is received, the homeowners association is officially registered and can begin its operations.

Is unsigned letter from HOA legal?

Yes, an unsigned letter from a homeowners' association (HOA) can be legal. The legality of the letter depends on the content and intention of the message. However, it is generally recommended for HOA correspondence to be signed to ensure transparency and accountability.

Can a Condo assoc tell a owner that their husband can be trespassed from the home cause he didn't fill out and run a back ground check?

Condominium associations are not normally in the business of screening residents, especially those related to owners.

Review your governing documents to locate the basis upon which the board has issued this written violation (?), and confirm that you are in compliance with that section.

If there is no such section, or guideline that you can find in your goverining documents requiring background checks on owners' relatives, take your violation (?) to an association-savvy attorney who represents owners, together with your governing documents, and engage the attorney to participate with you in the violation hearing.

If there is no written violation, ask the attorney to quash the verbal threats against you, as being baseless.

Answer

Of course, if that is a policy of the condominium. It is assumed that the husband is not an owner. Everyone is becoming more aware of security problems in these times. If the condominium has a policy that non-owners residents must submit to a background check then that's what he must do. The other unit owners have the right to have the rules enforced especially regarding non-owner inhabitants and security matters.

How many members of an HOA architectural committee NJ?

Your governing documents may determine the number of members on the committee, and there may be no limit.

Generally committee charters listed members, including at least one board member, together with the tasks, resources and time limits given to the committee.

In committee work, it is advantageous that membership be limited to odd numbers, so that there are no tie votes within the committee.

Is a new owner in HOA part of lawsuit?

When you purchased your real estate, certain disclosures were made to you. One of these should properly have been the fact that the association was involved, or was about to be involved, in a lawsuit.

The board meeting minutes may have addressed it: escalating legal fees in the financial statements may have precipitated follow-up questions, and so forth.

If you completed no due-diligence prior to your purchase and did not discover it, that may be no excuse. Such a situation would be difficult to hide.

Because you own real estate in a business -- your allocated interest in 100% of it, based on what you purchased -- you are part of any lawsuit in which the association is involved.

You may have recourse if the disclosure was not made to you. You can seek legal counsel to protect yourself. Be prepared to offer proof of this lack of disclosure to you at the time of purchase.

I am wondering the process of converting a condo to a zero lot line?

Converting a condo to a zero lot line typically involves obtaining necessary permissions and permits from local authorities. The process can vary depending on the jurisdiction and specific requirements, but generally involves hiring professionals such as architects and contractors to assess the feasibility and make any necessary modifications to the existing structure. It is crucial to research and comply with local zoning laws and regulations throughout the conversion process.

Can a city council member be on a home owners association board?

Of course, any one can. I'm pretty sure of it.

Another Answer

Any owner -- with their name on the title to a residence -- can be voted onto the board of an association, regardless of their occupation or other volunteer work.

In the situation where there could be a conflict of interest, however, the board member is well advised to recuse himself or herself from a vote.

For example, if the HOA is petitioning the City Council for improvements to a geography owned by or in service to the HOA, the council member on the board would probably abstain from voting in one place or the other.

Does your HOA have to offer you repayment options for dues before putting a lien on your property?

It is always in the best interests of the community, the delinquent owner and the board to offer repayment options for past-due assessments. It may not be a requirement.

An HOA board that simply moves forward without working with the owner regarding the debt, and files a lien on the property, could be in line for a re-call vote by owners.

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