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Can I sue my homeowner's association for restricting rentals in our condominium development?
Wiki User
∙ 12y ago
Of course. You can sue anyone for most any reason. Here's why you might not want to take this approach.
- When you sue your own homeowners' association, you're suing yourself.
- Rental caps are in place based on an amendment to your governing documents that received an uber-majority of owners' votes in order to pass.
You live in a community that is a private democracy where you agreed to abide by the governing documents when you purchased your home there.
When you want to rent and are not happy with your position on the waiting list, or if you are not allowed to rent your property, best practices dictate that you request an exemption. The 'rental cap amendment' may have provided for exemptions. Read it and determine your more reasonable options.
If the amendment was passed using the appropriate amendment process and was filed in the local hall of records, and if you choose to sue the association (yourself) based on the board's operating the community according to the choices made by the majority of owners, your chances of winning are not high.
Another PerspectiveIf rentals are limited in the Master Deed and Rules and Regulations then you would have no cause of action. You need to review your condo documents before you file suit. It is a fallacy that you can sue anyone for any reason. Frivolous lawsuits may cost you money.
Wiki User
∙ 12y ago
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What is the difference between a Condominium Homeowners Association and a Townhouse or Plan Unit Development Homeowners Association?
A condo or townhouse Homeowners' Association (HOA) governs a group of condos, wherein the association is responsible for the maintenance of the outside of the building(s), landscaping, and utilities, in addition to maintaining common areas and enforcement of the CC&Rs. This is because the properties being governed are condos and not houses. A planned unit development (PUD) HOA is responsible for ensuring compliance with the CC&Rs of the PUD and upkeep of any common areas in the PUD. However, individual owners maintain their homes and land, as each lot in the PUD is individually owned.
What has the author William D Clarke written?
William D. Clarke has written: 'The young pathfinder's book of oceans, streams, and glaciers' -- subject(s): Glaciers, Juvenile literature, Ocean, Rivers 'Field data for the Isaacs-Kidd Midwater trawl collections of Scripps Institute of Oceanography' -- subject(s): Isaacs-Kidd Midwater Trawl (Ship), Monsoon Expedition, Trawls and trawling
Do you capitalize the word homeowners association?
Nope. The word "office" isn't part of the official name, presumably. Try substituting any other thing the Homeowners Association might have. Would you capitalize the Homeowners Association softball team, the Homeowners Association stationery, or the Homeowners Association location? (I'm a grammar Nazi--but only on request.)
Should Homeowners Association be capitalized in a sentence?
If the title 'Homeowners Association' refers to an actual association, then yes. It is the name of a registered association, and is therefore a proper noun. All proper nouns should be capitalised.However, if it is used as a general term, e.g. "Are you part of any homeowners association?" then it does not require capitals.
Can a non-mandatory Florida homeowners association be converted to a mandatory association under Florida ss 720.403 without the parcel owners consent?
A homeowners association cannot be a mandatory association without the consent of 100% of the property owners in the development attempting to establish an association. In addition to the consent of the property owners, the association must follow certain procedures and file the proper documents in order to subject the property to the association's rule.
How can homeowners insurance pay for homeowners association dues if i cannot pay?
It won't. Homeowners insurance is protection from sudden accidental losses, it does cover association dues.
Can you build your own home in Texas?
Yes, subject to any deed restrictions, development restrictions, homeowners association rules, zoning, etc.
Is the homeowners association ID valid in any establishment?
Yes. The homeowners association ID may be valid in any establishment.
Who takes care of the condominium and the grounds?
generally this is going to be your homeowners association within the condo, although it can many times be managed by a professional management company. I personally live in a PUD (Planned Unit Development) community, which is very similar to a condo complex. In my neighborhood, all of our property maintenance and insurance issues are handled through the HOA. If all else fails, you could contact your condo association and ask them. hope this helps!
Is membership in a homeowners association mandatory?
If the subdivision is subject to a Declaration of Restrictive Covenants that include a homeowners' association then your property is subject to mandatory membership.
What laws protect homeowners from removal of common area privacy hedges?
You should consult the body of laws that your state legislature has codified as Condominium and Homeowner Association Laws. As well, your governing documents may have specific application to your particular community.
What is the meaning of poa annua?
Property Owners' Association (similar to Homeowners' Association)
