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Owners may differ in opinions with the board that leads the association. Or, you may have a rogue board that conducts business in ways that are not defined by your governing documents.
Owners are encouraged to attend open board meetings, require that the meetings be conducting according to Roberts Rules of Order, and force the board to produce minutes of the meetings. All these requirements should be written in your governing documents.
Owners who disagree with board decisions are encouraged to write to the board and request an open explanation of the board's actions, and request that the action and its rationale be documented in the minutes. An owner can also request an open discussion at a board meeting, and request that the comments be included in the minutes.
Owners who discover that the board is violating or otherwise not following the governing documents can write to the board and request an entry on a board meeting agenda. Then at the meeting, the owner can require the board to vote on the board's violations and include the letter and the vote in the meeting minutes.
Once a board understands its legal requirement -- usually under state condominium law and state non-profit law -- to conduct its business according to the governing documents, boards generally begin acting closer to what's required of them.
The bottom-line key is to read and understand your governing documents so that you can become pro-active as a member and force the board to act within its boundaries.
What else can I help you with?
When HOA looses lawsuit against a homeowner can a relief be awarded?
The answer you want is in the lawsuit documents. Your attorney can answer your question.
Can HOA file a lien against a bank which holds the mortgage on an abandoned property if the Covenants say that the Assoc can file a lien against a homeowner if assessments are not paid in time?
In this case, apparently, the bank is the owner. So yes, the HOA can file the lien against the bank's ownership of this unit.
Can you buy an HOA lien from an HOA and force the homeowner to pay you for all back fees and interest?
Yes. A note on the interest part--your state's law will dictate what interest, if any, you will receive. And you will assume the HOA's liability--if the lien is later declared invalid, you will be responsible for the homeowner's court costs. Make sure that it is a part of the sale of the lien that the HOA will cooperate in any foreclosure proceedings that might occur to collect the lien--without them, the homeowner will likely win.
When do you need to pay HOA fees?
You need to pay HOA fees on a regular basis, typically monthly or annually, as outlined in your homeowner's association agreement.
How can an homeowner association recoup dues from a short sale of a home Can they file a judgment on the previous homeowner that didn't pay the dues?
Depends on the laws of the state; the HOA should have its attorney check this. But the question is how did the sale occur without the HOA providing a standard letter certifying that all dues were paid to date of sale unless your state does not require this? The HOA should have filed its lien against the unit prior to the sale, too, if state law granted it that right.
Can a HOA file a lien against property when homeowner is not aware not aware of fines?
The HOA only files a lien when all other attempts to collect monies due have failed. An owner who ignores notices from the HOA to collect money cannot later claim to be unaware of fines, since monies due and fines are detailed in the governing documents.
Who pays homeowner assoc. fees the mortgage holder or the deed holder?
The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.
Can you sue the individual members of a homeowner association?
Yes, it is possible to sue individual members of a homeowner association (HOA) under certain circumstances, such as if they have acted outside their authority, engaged in illegal activities, or violated fiduciary duties. However, legal actions against HOA members can be complex and often depend on the specific governing documents of the association and state laws. It's advisable to consult with a qualified attorney to evaluate the merits of the case and understand the potential implications.
Is the deed holder responsible for Homeowner Association fees if they are asked to leave by the homeowner?
Your question assumes that the deed holder and the owner are two separate people, one or both of which have their name on the deed. Or, the deed is held by a bank, or other entity. Association assessments are the responsibility of the owner listed on the deed, whether the owner or deed holder is a resident or not.
Can a homeowners' association force owner to pay fees that were collected by former homeowner association?
Your question sounds like there was an original HOA, which was superseded by a new HOA. Every HOA collects assessments to operate the community, and as an owner, your governing documents define your responsibilities to pay and the association's responsibilities to collect assessments. The new HOA has its own form of assessments, regardless of the form of assessments paid to the original HOA.
Can a Nevada HOA still place a lien on homeowner who failed to pay a special assessment prior to homeowner filing for Bankruptcy?
Your bankruptcy attorney can help you determine whether or not the special assessment was part of your bankruptcy proceeding.
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.
