My home owners assc states that no motorcycles are allowed on the property according to the cc&rs legal in Ca?
Q. My home owners assc states that no motorcycles are allowed on the property according to the cc&rs legal in Ca?
Asked by Wayne M - Thu Dec 14 00:19:53 2006 - - 3 Answers - 0 Comments
A. CC&Rs vary from association to association. Left unchallenged, banning motorcycles within the boundaries of the association may be perfectly legal. You, as a member of the association, are bound to follow the rules and regulations, however, it is possible to change CC&R's by vote of the association membership. Attend every meeting of your association and participate in it. Run for board membership and enlist the aid of other association members, particularly those who may also have a similar interest.
Answered by jistanotherguy - Thu Dec 14 00:39:25 2006
Q. My home owners assc states that no motorcycles are allowed on the property according to the cc&rs legal in Ca?
Asked by Wayne M - Thu Dec 14 00:19:53 2006 - - 3 Answers - 0 Comments
A. CC&Rs vary from association to association. Left unchallenged, banning motorcycles within the boundaries of the association may be perfectly legal. You, as a member of the association, are bound to follow the rules and regulations, however, it is possible to change CC&R's by vote of the association membership. Attend every meeting of your association and participate in it. Run for board membership and enlist the aid of other association members, particularly those who may also have a similar interest.
Answered by jistanotherguy - Thu Dec 14 00:39:25 2006
I pay $350 hoa fees. HOA is not enforcing CC&Rs. Can I sue for damages?
Q. I went to the board meeting. They told me they would discuss the issues in private and I was not privey to the action, if any, that would be taken. So far, (the last year or so), no action has been taken. I just write monthly complaints as my neighbor hood turns into a ghetto.
Asked by jeff c - Sun Nov 23 22:57:57 2008 - - 1 Answers - 0 Comments
A. Look through the HOA agreement and rules to see what, if any, administrative procedures are provided for complaints, public meetings and appeals. If they're not following all of the rules, file a complaint of your own, and if they ignore it in violation of the HOA, you can sue them to enforce their own rules (it's a contract). Talk to a local lawyer who may help you find other ways to get compliance, such as suing them for the drop in value of your home because of their negligence.
Answered by bcnu - Mon Nov 24 01:09:43 2008
Q. I went to the board meeting. They told me they would discuss the issues in private and I was not privey to the action, if any, that would be taken. So far, (the last year or so), no action has been taken. I just write monthly complaints as my neighbor hood turns into a ghetto.
Asked by jeff c - Sun Nov 23 22:57:57 2008 - - 1 Answers - 0 Comments
A. Look through the HOA agreement and rules to see what, if any, administrative procedures are provided for complaints, public meetings and appeals. If they're not following all of the rules, file a complaint of your own, and if they ignore it in violation of the HOA, you can sue them to enforce their own rules (it's a contract). Talk to a local lawyer who may help you find other ways to get compliance, such as suing them for the drop in value of your home because of their negligence.
Answered by bcnu - Mon Nov 24 01:09:43 2008
Real Estate Question: What should be the consequences of being one officer short in your HOA under your CC&Rs?
Q. We have a home owners association (HOA) for a group of condominiums governed by an Enabling Declaration that mirrors condominium law for the state of Texas. In the Enagling Declaration containing the covenants, conditions & restrictions (CC&Rs) it mandates the HOA be governed by a Board of Governors comprised of THREE ndividuals who must be condominium co-owners in the same HOA. For over a year now, we have had only TWO members in this Board of Governors because it is an unpaid position and our co-owners are mostly retired with no desire to do extra work for a bunch of ungrateful, grumpy old neighbors. BUT, our two existing Governors on this board are screwing up in big ways which could lead to legal recourse against them based on their… [cont.]
Asked by John S. - Fri Feb 22 09:12:44 2008 - - 2 Answers - 0 Comments
A. IMO, if the HOA is not abiding by their own bylaws, they will find they have no leg to stand on in a legal argument when defending ANY decisions they've made. It could be reasonably argued that with only two members on the board, there was no room for a majority, and the decisions they made were not in the best interest of the HOA members. My advice would be to run for it yourself and become the "new sherriff in town". As far as the collusion goes, that's something you'll have to priove in open court.
Answered by DEACTIVATED - Fri Feb 22 10:33:17 2008
Q. We have a home owners association (HOA) for a group of condominiums governed by an Enabling Declaration that mirrors condominium law for the state of Texas. In the Enagling Declaration containing the covenants, conditions & restrictions (CC&Rs) it mandates the HOA be governed by a Board of Governors comprised of THREE ndividuals who must be condominium co-owners in the same HOA. For over a year now, we have had only TWO members in this Board of Governors because it is an unpaid position and our co-owners are mostly retired with no desire to do extra work for a bunch of ungrateful, grumpy old neighbors. BUT, our two existing Governors on this board are screwing up in big ways which could lead to legal recourse against them based on their… [cont.]
Asked by John S. - Fri Feb 22 09:12:44 2008 - - 2 Answers - 0 Comments
A. IMO, if the HOA is not abiding by their own bylaws, they will find they have no leg to stand on in a legal argument when defending ANY decisions they've made. It could be reasonably argued that with only two members on the board, there was no room for a majority, and the decisions they made were not in the best interest of the HOA members. My advice would be to run for it yourself and become the "new sherriff in town". As far as the collusion goes, that's something you'll have to priove in open court.
Answered by DEACTIVATED - Fri Feb 22 10:33:17 2008
What's a CC& Rs (regarding condos)?
Q. What's a CC& Rs (regarding condos)?
Asked by Space Invader101 - Wed Oct 21 20:31:19 2009 - - 4 Answers - 0 Comments
A. Basically the neighborhood laws. Make sure you agree with them before you buy, they can be very invasive and many people hate them, but once you buy you have no choice but to live by them.
Answered by Janet P - Thu Oct 22 17:45:56 2009
Q. What's a CC& Rs (regarding condos)?
Asked by Space Invader101 - Wed Oct 21 20:31:19 2009 - - 4 Answers - 0 Comments
A. Basically the neighborhood laws. Make sure you agree with them before you buy, they can be very invasive and many people hate them, but once you buy you have no choice but to live by them.
Answered by Janet P - Thu Oct 22 17:45:56 2009
hoa not enforcing cc&r laws. can I sue for damages of lost hoa dues?
Q. I pay $350 hoa fees. HOA is not enforcing CC&Rs. Can I sue for damages? I went to the board meeting. They told me they would discuss the issues in private and I was not privey to the action, if any, that would be taken. So far, (the last year or so), no action has been taken. I just write monthly complaints as my neighbor hood turns into a ghetto.
Asked by jeff c - Sat Nov 22 03:33:43 2008 - - 2 Answers - 0 Comments
Q. I pay $350 hoa fees. HOA is not enforcing CC&Rs. Can I sue for damages? I went to the board meeting. They told me they would discuss the issues in private and I was not privey to the action, if any, that would be taken. So far, (the last year or so), no action has been taken. I just write monthly complaints as my neighbor hood turns into a ghetto.
Asked by jeff c - Sat Nov 22 03:33:43 2008 - - 2 Answers - 0 Comments
HOA Tree roots damaged my sewage line, who is responsible for the bill?
Q. Our CC&RS state that each homeowner is responsible for the maintanance of their plumbing and sewage that services their home even if some of these pipes are in the common area. The HOA also in many occassions has stated that they own the trees in the common area and no one can trim them or chop them down. My sewage line was intact and the tree roots that grew on top and below it eventually starting growing inside the pipe by going in through the seam between the cast iron pipe and the clay pipe. The plumbers had to break the pipe to replace it. My HOA is claiming that trees do what trees do and since we are responsible for the maintanance of the sewage we are out of luck. And they refuse to take the trees down. The HOA is citing both… [cont.]
Asked by fiesty - Mon Oct 9 17:40:06 2006 - - 3 Answers - 0 Comments
A. The HOA is responsible. Why? The tree is on common ground, shared by and owned by the entire HOA. The tree that caused the problem was not your fault , even though you state that the CCR claim you are responsible for the seweage. The damage was caused by a tree ON HOA property NOT your fault. IFyou have written statments that the HOA claim they own the tree, then they claim responislbe. Either case, the law is on your side. Consult a lawyer, you won. The conflict with them is... You are repsonbile for the seweage but if we the HOA breaks your sewage from a tree we own, you pay. No. Doesnt work that way. They can recite all the ccr's and penal codes they want... they lost.
Answered by stewart_pittman - Mon Oct 9 17:52:09 2006
Q. Our CC&RS state that each homeowner is responsible for the maintanance of their plumbing and sewage that services their home even if some of these pipes are in the common area. The HOA also in many occassions has stated that they own the trees in the common area and no one can trim them or chop them down. My sewage line was intact and the tree roots that grew on top and below it eventually starting growing inside the pipe by going in through the seam between the cast iron pipe and the clay pipe. The plumbers had to break the pipe to replace it. My HOA is claiming that trees do what trees do and since we are responsible for the maintanance of the sewage we are out of luck. And they refuse to take the trees down. The HOA is citing both… [cont.]
Asked by fiesty - Mon Oct 9 17:40:06 2006 - - 3 Answers - 0 Comments
A. The HOA is responsible. Why? The tree is on common ground, shared by and owned by the entire HOA. The tree that caused the problem was not your fault , even though you state that the CCR claim you are responsible for the seweage. The damage was caused by a tree ON HOA property NOT your fault. IFyou have written statments that the HOA claim they own the tree, then they claim responislbe. Either case, the law is on your side. Consult a lawyer, you won. The conflict with them is... You are repsonbile for the seweage but if we the HOA breaks your sewage from a tree we own, you pay. No. Doesnt work that way. They can recite all the ccr's and penal codes they want... they lost.
Answered by stewart_pittman - Mon Oct 9 17:52:09 2006
Does anyone have a copy of their Condo CC&R's? Looking for upstairs carpeting or area rug rule?
Q. We're trying to change the upstairs rule for our HOA. Does anyone have access to CC&Rs that have a rule for carpeting upstairs? Or a rule for a percantage of upstairs units to have area rugs? It would be nice to have the pdf file or at least the specific wording so we can find some good examples and maybe avoid paying a lawyer to draft it. Thank you. I am part of the association. We're trying to draft a rule about having a percentage of the upstairs floors covered with rugs or padded runners. We're looking for an example...there's nobody in the association to ask. That's why I asked the question.
Asked by Questions and Answers - Tue Jul 27 17:26:21 2010 - - 1 Answers - 0 Comments
A. All CCR are different, yours would be different than other buildings. Ask the condo association for a copy.
Answered by Appraiser guy - Tue Jul 27 22:43:23 2010
Q. We're trying to change the upstairs rule for our HOA. Does anyone have access to CC&Rs that have a rule for carpeting upstairs? Or a rule for a percantage of upstairs units to have area rugs? It would be nice to have the pdf file or at least the specific wording so we can find some good examples and maybe avoid paying a lawyer to draft it. Thank you. I am part of the association. We're trying to draft a rule about having a percentage of the upstairs floors covered with rugs or padded runners. We're looking for an example...there's nobody in the association to ask. That's why I asked the question.
Asked by Questions and Answers - Tue Jul 27 17:26:21 2010 - - 1 Answers - 0 Comments
A. All CCR are different, yours would be different than other buildings. Ask the condo association for a copy.
Answered by Appraiser guy - Tue Jul 27 22:43:23 2010
I need to kill off all the grass in my backyard...about 2000 sq ft...?
Q. I moved into a rental house in arizona and the entire backyard is little stone. Suddenly when the monsoons hit, my entire backyard started growing grass. Not just a little...a full thick yard. I can't afford to water the stuff when the monsoons are over and i can't cut it because the entire bottom is stones. I need to kill it all off. I'm not really worried about planting anything in the future, but i can't have this grass growing. Does anyone have a homemade grass killer recipe that I can use on a large scale that will take less than 10 days? (we will get fined if we don't keep up the yard, stupid CC&Rs). Thanks Oh I forgot to mention I don't have a lawn mower and have no intention of getting one...sorry:)
Asked by jjannann2000 - Sat Aug 11 17:02:35 2007 - - 9 Answers - 0 Comments
A. The guy that mentioned using gas is correct. That will work faster than anything else. Just be sure not to have any open flames or cigarettes around. Use extreme caution while doing this. Pour the gas in small patches over time. Use extreme caution while doing this. Don't do the whole yard at once. Another, safer alternative is to use salt. Salt will kill the grass, too, but will take longer.
Answered by ~RedBird~ - Sat Aug 11 17:28:03 2007
Q. I moved into a rental house in arizona and the entire backyard is little stone. Suddenly when the monsoons hit, my entire backyard started growing grass. Not just a little...a full thick yard. I can't afford to water the stuff when the monsoons are over and i can't cut it because the entire bottom is stones. I need to kill it all off. I'm not really worried about planting anything in the future, but i can't have this grass growing. Does anyone have a homemade grass killer recipe that I can use on a large scale that will take less than 10 days? (we will get fined if we don't keep up the yard, stupid CC&Rs). Thanks Oh I forgot to mention I don't have a lawn mower and have no intention of getting one...sorry:)
Asked by jjannann2000 - Sat Aug 11 17:02:35 2007 - - 9 Answers - 0 Comments
A. The guy that mentioned using gas is correct. That will work faster than anything else. Just be sure not to have any open flames or cigarettes around. Use extreme caution while doing this. Pour the gas in small patches over time. Use extreme caution while doing this. Don't do the whole yard at once. Another, safer alternative is to use salt. Salt will kill the grass, too, but will take longer.
Answered by ~RedBird~ - Sat Aug 11 17:28:03 2007
What do you think of Clackamas, OR?
Q. I'm thinking on moving to Clackamas, OR from Mukilteo, WA. I'm looking for a planned master community where all of the area is clean and well kept and very safe. I like HOA's and CC&Rs, no old homes with junk cars in the yard. What are your thoughts on Clackamas, OR?
Asked by dniemi3 - Sun Jun 24 22:42:09 2007 - - 1 Answers - 0 Comments
A. Very safe area and community.
Answered by Ron Mexico - Tue Jun 26 16:37:05 2007
Q. I'm thinking on moving to Clackamas, OR from Mukilteo, WA. I'm looking for a planned master community where all of the area is clean and well kept and very safe. I like HOA's and CC&Rs, no old homes with junk cars in the yard. What are your thoughts on Clackamas, OR?
Asked by dniemi3 - Sun Jun 24 22:42:09 2007 - - 1 Answers - 0 Comments
A. Very safe area and community.
Answered by Ron Mexico - Tue Jun 26 16:37:05 2007
When you're buying REO properties who pays for HOA Balance ?
Q. I just found out from CC&Rs that current owner has balance of over $6000 ! who usually pays for this ? I already have an accepted offer from them...
Asked by star45 - Tue Oct 20 17:12:55 2009 - - 1 Answers - 0 Comments
A. If the HOA filed a lien against the property, then these fees are paid out of the escrow. I would drop my offer by the amount of the lien so I don't end up paying them. If the HOA did not file a lien, then tell the HOA to go jump in the lake. The HOA can chase down the former owner for the fees. Chances are the HOA filed a lien so drop your offer by the amount of the liens.
Answered by Ranger4402 - Tue Oct 20 17:55:38 2009
Q. I just found out from CC&Rs that current owner has balance of over $6000 ! who usually pays for this ? I already have an accepted offer from them...
Asked by star45 - Tue Oct 20 17:12:55 2009 - - 1 Answers - 0 Comments
A. If the HOA filed a lien against the property, then these fees are paid out of the escrow. I would drop my offer by the amount of the lien so I don't end up paying them. If the HOA did not file a lien, then tell the HOA to go jump in the lake. The HOA can chase down the former owner for the fees. Chances are the HOA filed a lien so drop your offer by the amount of the liens.
Answered by Ranger4402 - Tue Oct 20 17:55:38 2009
Can my HOA force me to remove my hardwood flooring?
Q. I bought my condo over 4 years ago and immediately installed hardwood flooring due to my partner's allergies. The HOA kicked up a stink as it was against their CC&Rs and demanded we remove them, though once we presented our evidence they moved on and the matter passed. Now we are looking to sell the place, and they have now demanded that we remove the hardwoods. Isn't there a length of time in which they should have forced us to remove them before we legally have the right to keep them? Our place is up for sale and we don't need this holding up a potential sale (and reducing the value of our unit too!) Thanks!!
Asked by Bobby - Mon Mar 29 17:59:49 2010 - - 3 Answers - 0 Comments
A. Before you bought the place you should have clarified the issue. It's nice that they let you keep your hardwood floors because of your partner's allergies, but now that you want to move your partner's allergies no longer provide a valid exemption from the rule. Don't make the HOA (and your downstairs neighbors!) regret having treated you with kindness and understanding. If I were on the HOA and you tried to pull this kind of a stunt I'd go over your place with a fine tooth comb and find every and any possible snag or hint of a violation to throw at you. Man up.
Answered by Murphy - Mon Mar 29 18:54:37 2010
Q. I bought my condo over 4 years ago and immediately installed hardwood flooring due to my partner's allergies. The HOA kicked up a stink as it was against their CC&Rs and demanded we remove them, though once we presented our evidence they moved on and the matter passed. Now we are looking to sell the place, and they have now demanded that we remove the hardwoods. Isn't there a length of time in which they should have forced us to remove them before we legally have the right to keep them? Our place is up for sale and we don't need this holding up a potential sale (and reducing the value of our unit too!) Thanks!!
Asked by Bobby - Mon Mar 29 17:59:49 2010 - - 3 Answers - 0 Comments
A. Before you bought the place you should have clarified the issue. It's nice that they let you keep your hardwood floors because of your partner's allergies, but now that you want to move your partner's allergies no longer provide a valid exemption from the rule. Don't make the HOA (and your downstairs neighbors!) regret having treated you with kindness and understanding. If I were on the HOA and you tried to pull this kind of a stunt I'd go over your place with a fine tooth comb and find every and any possible snag or hint of a violation to throw at you. Man up.
Answered by Murphy - Mon Mar 29 18:54:37 2010
Arizona HOA prohibts kids from playing in neighborhood grassy area.?
Q. Our HOA recently decided that the grassy common areas in our neighborhood, which are also the water retention areas (in case of flooding) can no longer be used for "recreation" by which they mean kids playing. Apparently still allowed are adults walking their dogs. The claim is that the kids are damaging the grass. Can an HOA basically discriminate against kids? They have no specific proof the kids are damaging the grass and have never come directly to parents with a complaint. This decision was made by the board and is new to our 10+ year old HOA. Up to now there were no rules like this and there is nothing in the CC&Rs that specifically has this rule. Any advice? Thanks.
Asked by Mom - Thu Jun 26 03:44:10 2008 - - 1 Answers - 0 Comments
A. First you need to study your by-laws and see it this is legal. Second you have to decide if you aren't angry because you have kids and you have always let them use this area. It sounds more like a safety concern rather than a play issue. If this is a run off area it is subject to flooding and danger.Figure out what you are really mad at and go after that. Don't disguise it behind other issues.pp
Answered by ttpawpaw - Thu Jun 26 21:29:34 2008
Q. Our HOA recently decided that the grassy common areas in our neighborhood, which are also the water retention areas (in case of flooding) can no longer be used for "recreation" by which they mean kids playing. Apparently still allowed are adults walking their dogs. The claim is that the kids are damaging the grass. Can an HOA basically discriminate against kids? They have no specific proof the kids are damaging the grass and have never come directly to parents with a complaint. This decision was made by the board and is new to our 10+ year old HOA. Up to now there were no rules like this and there is nothing in the CC&Rs that specifically has this rule. Any advice? Thanks.
Asked by Mom - Thu Jun 26 03:44:10 2008 - - 1 Answers - 0 Comments
A. First you need to study your by-laws and see it this is legal. Second you have to decide if you aren't angry because you have kids and you have always let them use this area. It sounds more like a safety concern rather than a play issue. If this is a run off area it is subject to flooding and danger.Figure out what you are really mad at and go after that. Don't disguise it behind other issues.pp
Answered by ttpawpaw - Thu Jun 26 21:29:34 2008
WOW.. I got caught, what do I do know? :)?
Q. OK I got caught what now? My Condo association will figure this one out.? I am on a Home Owners Association board for our 60+ condo building. I serve with 4 others and it's frankly harder for all of us to get along then my 20 employees that I manage and supervise. 2 of the 5 seem to see eye to eye for the most part. The other 3 are loose canons they often make decisions and plans that are not governed by the local HOA laws, rules cc&rs. They planned a budget for 2008 that would shock you. They are under federal law suppose maintain our property with the money we pay. They ( the other 3 or majority) often make the decisions that need reminding they are working outside of what governs them. The president was asking to pass a vote to make… [cont.]
Asked by BeeBee - Thu Feb 28 23:53:26 2008 - - 3 Answers - 0 Comments
A. Personally, I would never live in a place with a HOA. They are supposed to be a good thing put in place by suitable representatives of the neighborhood to help protect home owners from unfortunate circumstances...almost like people helping people in a way. Its an insurance that you are paying to your community to show that you are supportive and contribute to a fund that not only helps others in the case of catastrophe or faulty pipes, but it also helps you as well in the long run. These days, this isn't the case. HOA's are after everyone for more money for stupid things when in reality if yourself and a bunch of your neighbors got together, went up to the Walmart, bought 1 gallon of paint each and spent a few hours on a Saturday… [cont.]
Answered by SoAZ Gal - Fri Feb 29 00:20:57 2008
Q. OK I got caught what now? My Condo association will figure this one out.? I am on a Home Owners Association board for our 60+ condo building. I serve with 4 others and it's frankly harder for all of us to get along then my 20 employees that I manage and supervise. 2 of the 5 seem to see eye to eye for the most part. The other 3 are loose canons they often make decisions and plans that are not governed by the local HOA laws, rules cc&rs. They planned a budget for 2008 that would shock you. They are under federal law suppose maintain our property with the money we pay. They ( the other 3 or majority) often make the decisions that need reminding they are working outside of what governs them. The president was asking to pass a vote to make… [cont.]
Asked by BeeBee - Thu Feb 28 23:53:26 2008 - - 3 Answers - 0 Comments
A. Personally, I would never live in a place with a HOA. They are supposed to be a good thing put in place by suitable representatives of the neighborhood to help protect home owners from unfortunate circumstances...almost like people helping people in a way. Its an insurance that you are paying to your community to show that you are supportive and contribute to a fund that not only helps others in the case of catastrophe or faulty pipes, but it also helps you as well in the long run. These days, this isn't the case. HOA's are after everyone for more money for stupid things when in reality if yourself and a bunch of your neighbors got together, went up to the Walmart, bought 1 gallon of paint each and spent a few hours on a Saturday… [cont.]
Answered by SoAZ Gal - Fri Feb 29 00:20:57 2008
Neighbor giving me a warning or a threat?
Q. An old retired guy from my neighborhood knocked on my door and told me that my new motorhome is in violation of cc&rs and that I will receive a letter and possibly taken to court. I was polite, and told him that there were violations up and down the street. I asked if he went to those houses. He ignored that and said that I only have 24 hours left to remove the motorhome or face the wrath of the HOA. He said that he was just being nice to warn me. Whats up with this? I did not receive anything from the HOA, and there are violations everywhere. Why would this old coot harrass me? I did check, it is not legal, but violations are up and down the block. I don't intend on keeping it their permanently, but I am going on vacation in it… [cont.]
Asked by W G - Sat May 31 20:39:31 2008 - - 17 Answers - 0 Comments
Q. An old retired guy from my neighborhood knocked on my door and told me that my new motorhome is in violation of cc&rs and that I will receive a letter and possibly taken to court. I was polite, and told him that there were violations up and down the street. I asked if he went to those houses. He ignored that and said that I only have 24 hours left to remove the motorhome or face the wrath of the HOA. He said that he was just being nice to warn me. Whats up with this? I did not receive anything from the HOA, and there are violations everywhere. Why would this old coot harrass me? I did check, it is not legal, but violations are up and down the block. I don't intend on keeping it their permanently, but I am going on vacation in it… [cont.]
Asked by W G - Sat May 31 20:39:31 2008 - - 17 Answers - 0 Comments
Home Owner's Association and rediculous request or not?
Q. Our board is looking at doing monthly walk throughs and issueing citation letters to those who are not in accordance to our rules and cc&rs. This is in 100% agreement with the whole board including myself. In the past our board would allow board members to be an accidental over sight to enforcement. My spouse is disabled. He has the state issued handicap plaquard and is able to park in our disabled parking without a hitch. My spouse although disabled is able to be mobile, drive and do some basic light errands like a small grocery store run. He uses a small colapsable wire wheeled cart to take groceries from his car to our unit on the 4th floor without the cart being handy it would be impossible. My husbands disease is progressive,… [cont.]
Asked by SassyMs - Wed Jun 4 14:53:10 2008 - - 5 Answers - 0 Comments
A. I don't like the answer I have to give. And it is one I have researched as I live in a condo and am on my condo board. A condo is a private residence, unlike an apartment building. The condo association does not have to abide by the ADA or 504 unless the condo receives government funding or rents out that portion of the condo association holdings to the public.
Answered by chiliswoman - Wed Jun 4 18:23:51 2008
Q. Our board is looking at doing monthly walk throughs and issueing citation letters to those who are not in accordance to our rules and cc&rs. This is in 100% agreement with the whole board including myself. In the past our board would allow board members to be an accidental over sight to enforcement. My spouse is disabled. He has the state issued handicap plaquard and is able to park in our disabled parking without a hitch. My spouse although disabled is able to be mobile, drive and do some basic light errands like a small grocery store run. He uses a small colapsable wire wheeled cart to take groceries from his car to our unit on the 4th floor without the cart being handy it would be impossible. My husbands disease is progressive,… [cont.]
Asked by SassyMs - Wed Jun 4 14:53:10 2008 - - 5 Answers - 0 Comments
A. I don't like the answer I have to give. And it is one I have researched as I live in a condo and am on my condo board. A condo is a private residence, unlike an apartment building. The condo association does not have to abide by the ADA or 504 unless the condo receives government funding or rents out that portion of the condo association holdings to the public.
Answered by chiliswoman - Wed Jun 4 18:23:51 2008
Why don't banks and lending institutions realize Boards of Homeowner Associations often act against them?
Q. It is surprising that Banks and other other lending institutions with their enormous lobbying powers don't seem to realize the enormous damage the Boards of some Homeowner Associations do to their interests by making some Condominiums horrible places to live in and thereby causing foreclosures, delinquencies and such other damage to lenders, who remain completely ignorant of these facts.Banks should be lobbying hard to have the laws changed. HOA Boards frequently abuse their powers and corruption is rife among them, including theft of community funds. All this goes unchallenged because a struggling homeowner seldom has funds to launch a massive lawsuit, And the Boards know it.And because board members are not personally liable for anything, [cont.]
Asked by Ben w - Mon Jul 12 07:58:58 2010 - - 1 Answers - 0 Comments
A. No one is forced to buy a home in a community owned by an HOA, it is a choice someone makes. If they don't like it they shouldn't buy property there, case closed. I would never move somewhere people can tell me how to tend my garden, where I can park or anything else, if you choose to live in that situation you have to live with the consequences. It's not up to the bank to change, its up to people to decide that situation isn't right for them and make better choices about where they want to live.
Answered by MLE - Mon Jul 12 09:40:23 2010
Q. It is surprising that Banks and other other lending institutions with their enormous lobbying powers don't seem to realize the enormous damage the Boards of some Homeowner Associations do to their interests by making some Condominiums horrible places to live in and thereby causing foreclosures, delinquencies and such other damage to lenders, who remain completely ignorant of these facts.Banks should be lobbying hard to have the laws changed. HOA Boards frequently abuse their powers and corruption is rife among them, including theft of community funds. All this goes unchallenged because a struggling homeowner seldom has funds to launch a massive lawsuit, And the Boards know it.And because board members are not personally liable for anything, [cont.]
Asked by Ben w - Mon Jul 12 07:58:58 2010 - - 1 Answers - 0 Comments
A. No one is forced to buy a home in a community owned by an HOA, it is a choice someone makes. If they don't like it they shouldn't buy property there, case closed. I would never move somewhere people can tell me how to tend my garden, where I can park or anything else, if you choose to live in that situation you have to live with the consequences. It's not up to the bank to change, its up to people to decide that situation isn't right for them and make better choices about where they want to live.
Answered by MLE - Mon Jul 12 09:40:23 2010
HOA disputes with homeowner due front lawn area?
Q. We recently have been denied by HOA to keep our in-ground basketball hoop in our front lawn and they said we have too much concrete. We have a big yard and yes, a basketball hoop in our yard. We are in a cul-de-sac and our neighbors' kids have also enjoyed the hoop. HOA deemed that it violates CC&Rs rule and asked us to remove it. I have gone to 2 meetings and have been denied to keep it. We'd really like to keep the hoop but they threaten to start the fines. What are my alternatives if I want to keep the hoop in my yard? Plus I thought CA wanted residents to reserve water and we have more pavement done to our front. It's not complete dead and we still have a grass area but they said it's not enough.
Asked by bad experience - Tue Jul 27 13:12:26 2010 - - 3 Answers - 0 Comments
Q. We recently have been denied by HOA to keep our in-ground basketball hoop in our front lawn and they said we have too much concrete. We have a big yard and yes, a basketball hoop in our yard. We are in a cul-de-sac and our neighbors' kids have also enjoyed the hoop. HOA deemed that it violates CC&Rs rule and asked us to remove it. I have gone to 2 meetings and have been denied to keep it. We'd really like to keep the hoop but they threaten to start the fines. What are my alternatives if I want to keep the hoop in my yard? Plus I thought CA wanted residents to reserve water and we have more pavement done to our front. It's not complete dead and we still have a grass area but they said it's not enough.
Asked by bad experience - Tue Jul 27 13:12:26 2010 - - 3 Answers - 0 Comments
Can a non formal HOA become a legal one?
Q. Thinking about purchasing a home in a neighborhood with a non-formal HOA. Seller built a shed and the CC&Rs say it must be 80% brick and it is not. I have been told that many people in the neighborhood would like to form a legal HOA. The developer of the neighborhood who is also the head of the architectual committee of the neighborhood told my realtor that it can not happen and he doesn't have a problem with the shed. Right now the HOA is optional and the fees are for the use of the pool. What do you think? Will they be able to form this and if I purchase and join this optional HOA in order to use the pool will I have a problem? There are many sheds in the neighborhood and none of them are brick. I guess this is why they want a… [cont.]
Asked by Heather F - Fri Jan 9 13:49:05 2009 - - 2 Answers - 0 Comments
A. I am a little confused by your question, but hopefully this info will help. There are 2 levels to an HOA. The first is the CC&Rs. Typically, a developer records the CC&R against the entire development before any of the individual homes are sold. The CC&Rs are said to "run with the land" and the buyers of the homes are subject to all of its provisions. In the CC&Rs somewhere there is a legal description of all the property that is affected by them. This can be a bit tricky, because sometimes developers will record the CC&Rs against just a few homes, and then record a series of supplements or annexations as they go along to bring in new homes as they are built. At any rate, all of the homes that are described in the CC&Rs are subject… [cont.]
Answered by J P - Fri Jan 9 15:08:45 2009
Q. Thinking about purchasing a home in a neighborhood with a non-formal HOA. Seller built a shed and the CC&Rs say it must be 80% brick and it is not. I have been told that many people in the neighborhood would like to form a legal HOA. The developer of the neighborhood who is also the head of the architectual committee of the neighborhood told my realtor that it can not happen and he doesn't have a problem with the shed. Right now the HOA is optional and the fees are for the use of the pool. What do you think? Will they be able to form this and if I purchase and join this optional HOA in order to use the pool will I have a problem? There are many sheds in the neighborhood and none of them are brick. I guess this is why they want a… [cont.]
Asked by Heather F - Fri Jan 9 13:49:05 2009 - - 2 Answers - 0 Comments
A. I am a little confused by your question, but hopefully this info will help. There are 2 levels to an HOA. The first is the CC&Rs. Typically, a developer records the CC&R against the entire development before any of the individual homes are sold. The CC&Rs are said to "run with the land" and the buyers of the homes are subject to all of its provisions. In the CC&Rs somewhere there is a legal description of all the property that is affected by them. This can be a bit tricky, because sometimes developers will record the CC&Rs against just a few homes, and then record a series of supplements or annexations as they go along to bring in new homes as they are built. At any rate, all of the homes that are described in the CC&Rs are subject… [cont.]
Answered by J P - Fri Jan 9 15:08:45 2009
What would a mortgage lender do in this situation where they THOUGHT they had a clean loan closing but did not
Q. A new buyer has purchased a condo in our condo association (the "HOA") with a mortgage backed by the FHA. The FHA has a policy that they will not guarantee mortgages on properties where there is a Right of First Refusal (ROFR) on that property, owned by the other co-owners. The selling agent attempted to get this ROFR eliminated via an amendment to the HOA but they made a mistake in interpreting the CC&Rs that only a simply majority of co-owners needed to sign for the amendment to be binding. No! My real estate attorney reviewed the documents and it is clear that a unanimous vote is needed and the selling agent did not achieve that. I informed the Title Company / Closer at the time of the closing that a unanimous vote was needed and… [cont.]
Asked by John S. - Sun Jan 13 16:00:26 2008 - - 4 Answers - 0 Comments
A. FHA would rescind the guarantee on the loan and the bank that underwrote would be long the now un-guaranteed asset. It sounds to me that you handled the situation appropriately and are still covered under the ROFR for your HOA. You/your building/the new tenant will probably see no ramifications of the FHA pulling their guarantee (if it actually happens).
Answered by fergusson.turd - Sun Jan 13 16:22:35 2008
Q. A new buyer has purchased a condo in our condo association (the "HOA") with a mortgage backed by the FHA. The FHA has a policy that they will not guarantee mortgages on properties where there is a Right of First Refusal (ROFR) on that property, owned by the other co-owners. The selling agent attempted to get this ROFR eliminated via an amendment to the HOA but they made a mistake in interpreting the CC&Rs that only a simply majority of co-owners needed to sign for the amendment to be binding. No! My real estate attorney reviewed the documents and it is clear that a unanimous vote is needed and the selling agent did not achieve that. I informed the Title Company / Closer at the time of the closing that a unanimous vote was needed and… [cont.]
Asked by John S. - Sun Jan 13 16:00:26 2008 - - 4 Answers - 0 Comments
A. FHA would rescind the guarantee on the loan and the bank that underwrote would be long the now un-guaranteed asset. It sounds to me that you handled the situation appropriately and are still covered under the ROFR for your HOA. You/your building/the new tenant will probably see no ramifications of the FHA pulling their guarantee (if it actually happens).
Answered by fergusson.turd - Sun Jan 13 16:22:35 2008
Can my HOA force me to remove my hardwood flooring?
Q. I bought my condo over 4 years ago and immediately installed hardwood flooring due to my partner's allergies. The HOA kicked up a stink as it was against their CC&Rs and demanded we remove them, though once we presented our evidence they moved on and the matter passed. Now we are looking to sell the place, and they have now demanded that we remove the hardwoods. Isn't there a length of time in which they should have forced us to remove them before we legally have the right to keep them? Our place is up for sale and we don't need this holding up a potential sale (and reducing the value of our unit too!) Thanks!!
Asked by Bobby - Mon Mar 29 19:56:13 2010 - - 1 Answers - 0 Comments
Q. I bought my condo over 4 years ago and immediately installed hardwood flooring due to my partner's allergies. The HOA kicked up a stink as it was against their CC&Rs and demanded we remove them, though once we presented our evidence they moved on and the matter passed. Now we are looking to sell the place, and they have now demanded that we remove the hardwoods. Isn't there a length of time in which they should have forced us to remove them before we legally have the right to keep them? Our place is up for sale and we don't need this holding up a potential sale (and reducing the value of our unit too!) Thanks!!
Asked by Bobby - Mon Mar 29 19:56:13 2010 - - 1 Answers - 0 Comments
From Yahoo Answer Search: 'CC%Rs'
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