Can a HOA ask me to remove a single car driveway that was already a concrete pathway before I extended it?
Barbara's answer
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Answered on October 26, 2021
Generally, you have to submit an application to a HOA for any improvements and get written approval before starting the project. The HOA may have...
My question is what liability do I have as a board member?
Another resigned, should I resign to not have any liability?
Barbara's answer
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Answered on October 26, 2021
Personal liability is a tricky question when you are a board member. It depends on if the two board members did not disclose to the rest of the...
How can I have the association management company comply and resolve issues of the community?
Barbara's answer
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Answered on October 26, 2021
The management company can only act under the direction of the Board of Directors. Depending on your type of association, the association may or...
Can an HOA Board member (President) use HOA funds & Services paid by HOA to campaign for himself and the current board members?
Barbara's answer
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Answered on October 26, 2021
That’s a question that involves a detailed legal analysis after a review of the HOA documents. This frequently comes up in HOA elections and I am...
Should funding from the reserves for a planned expense be on the annual budget?
Barbara's answer
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Answered on October 22, 2021
The board of directors should consult with their management company or accountant to determine the best way to show these expenses for capital...
Legal action taken against HOA in Florida. Case is closed. Not allowed to run for a position in upcoming HOA board elections.
Barbara's answer
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Answered on October 22, 2021
Florida law provides all members of the association are eligible to be on the board unless they are past due in the payment of assessments on the...
Can I withhold a portion of my condo fees ?
Barbara's answer
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Answered on October 22, 2021
I agree with Ms. Thomas. Withholding assessments would put you in a no win situation because there would be no defenses to a foreclosure action. ...
Legal case for HOA changing the rules improperly, ie: with a rigged election?
Barbara's answer
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Answered on October 20, 2021
You have sixty (60) days from the date of an election to file a petition for arbitration for the election dispute. You have to have evidence for...
My neighbors oak tree has cracked my driveway in several places and is ruining the paint on 3 cars. What can I legally do
Barbara's answer
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Answered on October 19, 2021
I agree but would add you cannot destroy the tree.
New neighbors say my fence on their property i say no way. What can I do to stop them from taking my fence down????
Barbara's answer
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Answered on October 19, 2021
There is nothing anyone can offer in this forum that would resolve your problem. You would need a survey and a real estate litigator to stop them.
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