Housing Associations

Read your current rules and regulations to determine when the association can tow your vehicle for expired tabs. Confirm that you have received a copy of the current guidelines. The rule may not correspond to the state law, and on association property, the rule may trump the state law.

Read your governing documents to determine the process required to amend your CC&Rs -- covenants.

Usually, amendments are drafted by association counsel -- a good idea is to gain verbal approval from the required number of owners in advance of commissioning the amendment -- then announced to the membership and voted on by them.

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.

Your question reads as though you are contemplating remodeling some part of your condominium unit.

Best practices indicate that before you begin removing walls, you review your architectural plans with the board, to determine that walls involved are not weight-bearing walls for the building, and that you have permission and approval to remove the walls.

Your governing documents determine the boundary between what you own and what is owned by all owners. For example, you may own all the sheetrock on both sides of the wall studs, but the studs may belong to all owners.

Read your governing documents which may contain this option in the case of condemnation after a major disaster.

Otherwise, you can employ the services of a local, common interest community-savvy attorney to help you discover your options.

In an association with a purpose to preserve, maintain and protect real estate assets owned in common, the first responsibility is to obey the state or provincial laws enacted to protect this style of asset ownership.

More specifically, the governing documents for the association describe roles and responsibilities of the governors, or directors, which usually includes a president, vice president, secretary and treasurer. There is also a member-at-large category that may be populated by several governors or directors.

Generally, the responsibilities dictate how the business of the association is run.

Yes, it is possible for a second-level condo to have a patio. Some condos are designed with balconies or patios on multiple levels to provide outdoor space for residents. However, the availability of a patio ultimately depends on the specific design and layout of the condo building.

Given that your subdivision is a home owners association, read your governing documents -- the land-use documents, usually CC&Rs -- to determine what elements of your subdivision are designated as common areas.

Examples can be roadways, greenbelts, golf courses, swimming pools, club houses, tennis courts, walking trails, detention and retention ponds, and so forth.

Generally, if there is no home owners association, then there are no common areas.

Sometimes a non-owner -- usually not a tenant -- can be hired as a member of the board, under the corporate guidelines that govern the association under state law. For example: a non-profit corporation's board composition.

The percentage of membership on the board that fits into this category could be limited -- for example, to less than 50% -- again by state law.

Your association attorney can help you clarify this possibility and counsel you as to its advantages, limitations or restrictions.

Read your governing documents to determine restrictions on signs. These restrictions may be in the By-laws, in declaration amendments or 'House Rules'.

You can query your board, any director or your association manager to get the answer you want.

There is no standard.

Given your categorization of this question, one must assume that you are both members of an association.

Associations are run according to governing documents. So long as your addition is added according to the process described in your governing documents, and it is allowed thereby, only your good will toward your neighbor would preclude completing the addition.

That is if you, your neighbor or a real estate professional believe that the addition is a detriment to your neighbor's real estate property.

It is possible that the addition would simply elevate the value of your property, while your neighbor's property would retain its original value.

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Read your governing documents to discover the process necessary to recall directors. Usually a minimum number of owners can call an owners meeting and make a motion to recall directors. The process requires a percentage of owners to vote, be present and to vote for the recall. Proxies are usually allowed.

What is important is that you have a follow-up plan once the directors have been recalled. You still have a multimillion dollar association to operate, govern and protect, preserve and maintain.

Pet guidelines in any common ownership scheme are generally documented by board action.

A thorough and thoughtful conversation about which pets, their size, conduct, limitations and permissions is required by the community, with board participation. Best practices dictate that the board call a pet committee and conduct this open dialog.

The final decision is one that benefits the entire community, not one individual person.

Noting that "disabled person" appears in the question. Considering that the "pet" may be a service animal. Should this be the case, service animals are not pets and under ADA may not be regulated or prohibited. As a disabled person who requires a service animal, if this is the case, all possible accomidations must be made by landlords.

In the virtual world of OurWorld, you cannot directly boot people out of your condo. However, you can control who has access to your condo by setting the privacy settings to "Invite Only" or by removing specific individuals from your friends list. Additionally, you can report any inappropriate behavior to the OurWorld support team for further action.

If you are the seller, notice that the lien must be satisfied before title can be transferred to a new owner. If you are a buyer, notice that the lien must be paid -- thus affecting the amount of your new equity, before title is transferred.

Your question sounds like you want to cut a new hole in the wall and install a window in a place where none currently exists.

What you anticipate may be a major modification to the exterior of your condominium. (Even if it's a minor modification, you are best advised to request permission.)


In order to make the modification you want, best practices dictate that you obtain an architect's or engineer's study to show that your addition -- once installed -- will not compromise the building's envelope, or violate the aesthetic design of the property or its structural integrity.


Then you need a work plan showing who will perform the work. This person should be licensed, bonded and insured, especially if the work includes altering any property you own in common with other owners, and not simply the interior that you own alone. Include the hours of work, the parking arrangement for the worker's vehicle, any noise or construction debris mitigation, and so forth in the work plan.


You should also supply the make, model and full physical description of the window you plan to install. Even a picture of the window, or an artist's rendering of what the installed window will look like may help your case.


If, according to your governing documents, windows are owned in common, you must petition the board to add your new window to its inventory of windows owned in common.


Petition the board in writing for permission to add the window and include your study, your vendor's credentials and work plan, the window's description, etc. Request that your window topic be added to the board meeting agenda, and that you be given time on the agenda to present your case. Request a decision in writing.


The board has the final decision in this request.


If you chose to proceed without permission, be aware that you could be setting yourself up for a violation, a fine and the cost of repairs to remove the illegal window and make the wall whole.

As a co-op apartment owner, you are typically responsible for repairs and maintenance within the walls of your specific unit. This includes fixing issues with plumbing, electrical systems, and appliances that are part of your unit. Common areas and structural elements of the building are typically maintained by the co-op corporation and the responsibility for repairs lies with them. However, it's best to review your specific co-op's governing documents or consult with the co-op board to get a clear understanding of repair responsibilities.

Simply request from the AG's office a complaint form, and complete it with all the info you know. Return it, and call in a few months to check on the status. Be persistent--they have many complaints and you need to demonstrate that yours has merit and is worthwile to investigate.

Yes, condo associations generally have the authority to limit or regulate the keeping of animals within the condo community. This can include restrictions on the number, size, breed, or type of animals allowed, as well as rules on noise, waste disposal, and other related matters. However, any restrictions must be reasonable and in compliance with local laws and regulations.

Typically, the screen door of a condo unit is owned by the unit owner. However, it's essential to check the specific rules and regulations of the condominium association or the governing documents to confirm ownership responsibilities for maintenance and repairs.

No. The recording of the declaration of condominium creates the condominium under state laws. A condominium is a creation of law. If no condominium is created then no units can be sold.

Condominium declarations are recorded in the land records office where the land is located. Once the condominium has been submitted to the provisions of state condominium law by the recording of the declaration in the land records, the developer can sell condominium units.