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Can a homeowner association legally fine an owner because the management does not like the color of his house?
Review your governing documents to determine what is required before painting a house. If permission is required and permission was granted, this is evidence that you can use to defend the colour of your house.
The management company has no say in exterior colours -- the board may have a list of 'approved' colours.
If permission is required and no permission was asked for or granted, you may be required to re-paint your house.
If permission is not required, you can ask the association to pay to re-paint your home, once they approve colours, or you can ask that your current paint job be 'grandfathered in'.
What else can I help you with?
Do you have to pay homeowner association dues?
Yes. You are legally obligated to pay homeowner association dues. As long as the homeowner's association was part of the public land records when you purchased your property you agreed to be bound by its terms and provisions. You need to review the recorded documents relating to your property.
Can a homeowner's association found guilty of sexual harassment legally assess ALL members to cover some of the charges and costs?
Yes
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.
How old do you have to be to legally be a homeowner?
The age to be able to enter into contracts would be 18.
Is homeowner legally responsible for guest items stolen from your home at party?
It is and it isn't. It is because the homeowner was the one who invited people to the party, and if things gets stolen at their house it is their responsibilty, however it si the person who had the thing stolens fault. This is because they shouldn't have lef their belongings lying around.
How do you file a lien for delinquent homeowners association dues in Alabama?
There are many types of liens, and many procedures to be followed in order for a lien to be legally effective. This is work for association counsel. Simply 'filing a lien' by an unskilled person can give the owner automatic relief from your action -- in any state.
How do you get out of a home owners association when your builder-developer is going bankrupt?
You cannot necessarily separate your property from a home owner's association because the developer is in bankruptcy. If the remaining property is sold to a new developer it would acquire all the rights appurtenant to the land including sponsorship of the homeowner's association. When you purchase a property in a planned community you are automatically a member of the association. Unless the association is dissolved, you will remain a member as long as you own the property. Depending on how many lots were already sold you may need to bring an action in court to have the homeowner's association extinguished. The homeowner's association was intended to protect the rights of anyone who purchased a lot in the subdivision and until something changes legally it would remain effective. In some cases, the association simply becomes idle when there are not enough members to support it. However, even in that case, the property remains subject to the HOA until it is dissolved. In other cases where the development is not brought to completion all the lot owners can agree to disband the HOA. They need the advice of an attorney who specializes in real estate to guide that process. Generally, HOA funds are kept separate from the assets of the developer. If the funds were co mingled, when your builder-developer files for bankruptcy, your association's attorney may be able to preserve rights, monies and other assets of the community.
Can condo association remove tree because tree block satellite TVsignal?
Your answer depends on who owns the tree. If the tree is an association asset, and the board has decided that its value is exceeded by the value of a satellite TV signal, then removing the tree is a legal -- although questionable by some -- action. If the tree is not owned by the association, then the association cannot legally remove the tree.
Should a management company be making a budget for a condo association?
It's a sad day for any association when its board, either the finance committee or the treasurer, fails to be involved enough to prepare the association's budget. The management company does not live in the community, is not invested in the community, and otherwise can only offer a generalized approximation of expected expenses. It is possible that the management company can draft a budget, to help the board include all the line items, and recommend best practices. But the board is legally responsible for the budget. Typically, owners who ratify a management company-prepared budget are clearly apathetic and will pay the consequences in more than financial ways.
How do you forfeit your rights to your Undivided Interest and property owner associations?
If you purchased a property that has an undivided interest in common areas and that requires membership in a homeowner's association you cannot make any changes to either arrangement. By purchasing your lot or unit you agreed to be legally bound by the rules, regulations, covenants and restrictions set forth in all the documents recorded by the developer.
Can a homeowners association force you to pay fees or dues?
Yes, a homeowners association can legally require homeowners to pay fees or dues as outlined in the association's governing documents, such as the bylaws or covenants. Failure to pay these fees can result in penalties or legal action by the association.
Can a condo maintenance company be fired by the owners?
Read your governing documents and determine under which provision your condominium is being foreclosed.It isn't the maintenance company doing the foreclosing, it's the association's board of directors, perhaps through the maintenance or management company.A condominium unit can be foreclosed upon by the association for non-payment of assessments, which owners are legally bound to pay.
