In a recent special assesment meeting we had five weeks ago an owner asked the Board as well as the property management company why they never disclosed to us that in 2013 the county posted UNSAFE STRUCTURE notices on both condominium buildings in...
It was illegal for the signs to be removed. If the association doesn't fix the buildings they will be demolished. I'm surprised they have not ordered everyone to move out already. If the association defaults on the loan, the bank will foreclose and take ownership. At that point they might appoint a receiver or sell it. The only way to pay the loan is to increase assessments if the current budget doesn't provide enough revenue to pay the loan.See question
that they are going for forecloceure 365 $ is my yearly hoa i missed 5 years thinking that it was included in my mortgage they have billed me over 8 000.00 in late fees n lawyer fees IREALLY NEED HELP
You best option is to request a payment plan, in writing to the law firm. Don't try to go around the attorney and work with the HOA directly in an attempt to avoid the legal fees (this is a common mistake) because this will only cause more fees to be incurred. If you cannot get a reasonable payment plan, you might want to consider a Chapter 13 bankruptcy to put it into a repayment plan spread over five years. If you are underwater on your mortgage you may even be able to stip the lien.See question
Board president is autocratic and runs board like a fiefdom.
HOA business is to be conducted by a majority vote of the board. My question is why are the other five board members allowing the president to control the HOA this way? They could possibly be in breach of their fiduciary duty.See question
Per our amended rules & regulations, "pets, whether on a leash or being carried, are permitted on the service elevator only; pets must be transported on the passenger elevators only during a move or an 'out of order'condition of the service elevat...
There are procedures in place for handling violations of the rules and regulations of an association. Sometimes they include fines, but if not, the COA would need to decide if it wants to invest the money to get an injunction. You as a unit owner have a right to report the battery to the police. As a director you cannot use the COA's resources for your own agenda. It takes a majority vote of the board to approve any action the COA would like to take.
Concerning entitlement to a copy of the video, it is an official record and as a unit owner you are entitled to a copy if you submit a proper record request in conforming to the statute, but as Mr. Kurfled stated -- what are you going to do with it? To bring a civil matter you need to prove damages.See question
I was sued by the Association for failure to abide by the governing documents. Litigation is still going on (we're in the discovery phase). In the meantime, the Condo Association issued a Notice of Claim of Lien & then recorded the lien in the Co...
You need to hire a lawyer to handle this matter for you and one that is experienced in condo law. There is no simple answer to this complex question and more information is needed. A lawyer would need to review your Declarations, Bylaws and Articles of Incorporation. By filing the contest of lien you accelerated the process. If the COA has the legal right to lien your property they will now foreclose rather than wait to see how the case is resolved.See question
Which takes precedence?
State statutes normally trump HOA documents, but you have to use the statutes in effect when the documents were recorded. There are exceptions for statutes passed as a matter of public policy (such as the Florida-Friendly Landscaping Act) or statutes that are procedural only or passed as a remedial measure to fix a problem. This is not a simple analysis.See question
How do you get rid of an HOA, people don't own homes living in an HOA community. You can't purchase a nice home without HOA. This is ridiculous.
It must be done in accordance with the governing documents of the HOA. Usually the provisions are in the Articles of Incorporation, but could be in other documents. At a minimum it requires a majority vote, but often its 75% or higher.See question
I understand that last year there were changes made to statute where an officer of a home owners Association was not allowed to be paid for work that should have been handed out to vendors. However, this practice has been going on for many years ...
The law was revised to require board members to disclose to the membership at a board meeting any contract between the HOA and a board member. This is to occur at the meeting following the board's approval of the contract. If any member objects the matter must be put to a vote of the membership at the meeting to approve or reject the contract.See question
I've been receiving letter from the property manager because one day I was in the pool at 8pm to leave the condo if not I will be evicted, he towed my car because he said it was in an allow parking space (the parking space says "resident parking)h...
The answer is "it depends." The association cannot evict you unless there is language in the Declarations and Bylaws authorizing this, but must sue the owner for an injunction to make the owner evict you. This process is not as quick as the eviction process.
Whether or not you are liable for any legal fees depends on the language in the Declarations and Bylaws. There has to be language that gives the association the right to recover legal fees for violations without a court action; otherwise they need a court order awarding legal fees.
If the manager is acting improperly you can file a complaint against his license with the Dept. of Business & Professional Regulation. The website is below.See question
I live in a condo in the city of Orlando and our community has several sub-associations. Several years ago our Board (Association A) decided to allow two OWNERS of another Association (Association B) to use our Guest parking spaces. It has recen...
This is a question for your association attorney and you should be asking him/her. Association A has no duty to anyone in Association B, so they can let anyone from the general public they want use their guest spaces. Also, tenants have no standing to sue associations.See question