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Can a condo owner opt out of or limit participation in an association that is not following its bylaws?
Wiki User
∙ 14y ago
If you purchased the unit subject to the condo association you cannot "opt out". You need to get some other unit owner organized to get the association to enforce the rules.
Expanded Answer
You can document your complaints in writing to your board and request that your letter be read into the minutes of the board meeting. You can also request the floor to expand on the section of the governing documents that you believe have been violated.
(It's not a good idea to accuse any person(s) in this forum, but to document the violations and the lack of enforcement.)
As well, gathering with other owners who believe as you do, that the board is not following the governing documents, you can vote to replace the board.
Review your governing documents to discover the voting process, timing and percentage of owners required to vote in new members of the board.
Wiki User
∙ 14y ago
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How would you obtain a copy of condo bylaws for a place you are looking into buying?
ANSWER: Ask the realtor who is selling the property or somebody from the Homeowners' Association.
How do you record amended condo bylaws?
To record amended condo bylaws, follow these steps: Review the existing bylaws and identify the changes or amendments that need to be made. Prepare a document that clearly outlines the amendments and includes the original bylaw text with the changes highlighted or noted. Present the amended bylaws to the board of directors or any governing body for review and approval. Once approved, update the official condo bylaws document by incorporating the amendments and have it signed by the appropriate individuals, such as board members or officers.
Is the owner of condo responsible for fixing driveway?
It depends on the specific terms outlined in the condo association's bylaws or the individual condo's governing documents. In some cases, the responsibility for maintaining and repairing driveways may fall on the condo association, while in others it may be the responsibility of the individual condo owner. It is best to review the governing documents or consult with the condo association to determine who is responsible for the driveway repairs.
How do you form condo owners assoc?
To form a condo owners association, you typically need to follow these steps: Obtain support from other condo owners who are interested in forming an association. Determine the purpose, bylaws, and rules of the association. Hold a meeting to elect board members and establish roles and responsibilities. Register as a legal entity and obtain any necessary licenses or permits. Develop a budget and fee structure to fund the association's activities. Communicate with all condo owners to inform them about the association and encourage participation.
How do you determine if your condo association is incorporated?
To determine if your condo association is incorporated, you can check the documents or bylaws of the association. Look for any language that indicates the association as being incorporated, such as references to it being a corporation or having a specific corporate structure. You can also search for the association's name on the website of the state's secretary of state or corporations division to see if it is listed as a registered corporation.
Does condo association pay for repairing mold damage?
It depends on the specific circumstances and the terms outlined in the condo association's bylaws or governing documents. In some cases, the condo association may be responsible for repairing mold damage if it is a result of common areas or shared systems. However, if the mold damage is due to the negligence of a unit owner or resident, they may be held responsible for the repairs. It is best to consult the condo association's governing documents and speak with the association board for specific information.
What happens if a resident can not pay a condo association assesment?
If a condo resident can't pay an association assessment, the repercussions can vary depending on the bylaws of the association and state laws. Typically, the association might first reach out to the resident to discuss payment arrangements. If the resident continuously fails to make payments, the association may resort to more serious actions, from charging late fees and interest, to placing a lien on the property, or even pursuing a foreclosure. The key is early, open communication to prevent things from escalating. Address the issue as early as possible to find a solution. I've seen similar situations in buildings we managed at Daisy and what worked best was proactive communication and working out a reasonable payment plan.
What are condo owners rights to post lease signs?
The rights of condo owners to post lease signs may vary depending on the rules and regulations set by the condominium association. Generally, owners have the right to advertise their property for lease within reasonable limits, but they may need to comply with any advertising guidelines or restrictions imposed by the association. It is recommended to review the condo association's bylaws or consult with the management before posting lease signs.
Can you know the status of a condo association?
Yes.You can request the status of the association from the Secretary of State where the association is located.
Is a condo association a business?
Absolutely, yes. The association may be incorporated as a profit, not for profit, or an unincorporated association.
If condo association forecloses on an owner does the lender pursue deficiency judgment against the owner or condo association?
Your attorney can help you answer this question, since it requires a legal answer.
Can a condo association require open voting to increase HOA dues?
Condo association bylaws typically specify the process for voting on changes to HOA dues. While some associations may require open voting, others may allow for private or proxy voting. It ultimately depends on the specific rules and regulations outlined in the association's governing documents. Owners should consult the bylaws or seek legal advice to understand their specific rights and responsibilities in this regard.
