Is it true that because an HOA is a corporation they must use an attorney to file a small claim suit?

It is not unheard of for a corporate board member to go to magistrate/small claims court on behalf of an HOA. In magistrate court, an officer or...

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Landlord is having me served at an address I no longer live, I moved weeks ago, and he is aware, will he win by default?

He can win by default on the eviction, but until he serves you personally, he can't win on any money damages. You didn't say if anyone was living...

Can our HOA recover back owed dues?

Yes, a deed under power is a foreclosure deed. That will wipe out your lienon the property for the pre-foreclosure debt. It may not be worth...

Do state statutes override community Bylaws?

There could be something peculiar about your state law, but in most cases, the provisions in your documents cannot be less restrictive than the...

Did your friend ask if there was any ongoing litigation concerning the HOA? I our state, if the buyer asks, the seller is obligated to disclose...

COA meeting held 12/14. Less than 20% of the owners present. Less than 5 ran to fill 5 board positions. Who are board members?

Unless there are unusual items in your bylaws, the property manager is probably correct. Under most bylaws, directors are elected to serve until...

I have to agree with the first answer you received. After 30 years of HOA law and closings, I haven't seen any situation where the purchaser is...

Based on what you quoted from the covenants, your gut is right. You would be liable for HOA dues. From a legal perspective, the board probably...

Can there be a default judgment while the defendant is waiting to be served?

Are you sure you haven't been served? A dispossessory falls under a unique statute that allows the landlord to tack the summons on the door for...

Is the inside of the wall that is connected to the outside wall consider a common element for a condo?

The problem with answering your question is that the answer could be different from condo to condo. While virtually every state statute provides...