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Of course, anyone can sue anyone else for almost any reason.
In this case, however, when you sue an HOA in which you own property, you're suing yourself.
If you are unhappy with your assessments, there are different and potentially more effective ways to make your discomfort known, and otherwise work to minimize annual increases in your assessments.
- Read your governing documents to understand how to vote against your annual budget.
- Become involved in the finance committee so that you can review invoices and most fully understand the expenses required to operate your association.
- Volunteer to help find appropriate vendors who charge less, or do more for the same fee.
- Run for office and work with other owners on your board with a goal to holding assessments level, year-over-year.
- Volunteer to demonstrate your pride of ownership by taking on tasks currently being completed by vendors -- where your governing documents allow owners those options
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What can a condo resident do about loud noises?
Fiile a noise complaint with the Condo association and if that doesn't work, the local police department.Added: Loud noises from whom or what? The Condo Association MAY have control over some annoyances but for others you may need the police (as advised above). Speak to your Condo Board of DIrectors to see if they can assist you.
How can you not be a member of a homeowner association?
In order to leave an association in any state, you can sell your property and turn the title over to a new owner.
What happens to the first mortgage on a condo in Florida when the condominium association forecloses for unpaid association fees?
For the condo association foreclosure to be valid, the bank who holds the mortgage must be notified of the foreclosure action, and the mortgage company has the opportunity to do a couple of things: They can pay the delinquent condo fees themselves, to protect their own interests, and force the borrower to pay them back. If the borrower is unable to repay the condo fees, it could put the mortgage payments in default, and be grounds for the lender to begin foreclosure proceedings. If the borrower is behind in their mortgage payments, the bank can join in the condo association's foreclosure action themselves. This is actually a great assistance to the bank, as it saves them the time and trouble of initiating the lawsuit - they just get to piggy-back on the condo association's foreclosure, which makes the foreclosure sale happen that much sooner. And since the bank's lien has priority over the condo association, the bank would be the one to get paid off first if the property got sold to a third party at the foreclosure sale, or if nobody bid on the property, they would be the ones who would become owners of the condo. If, for whatever reason, despite getting proper notice, the bank does nothing and the condo association forecloses on the property. The first mortgage holder has a lien that always survives the condo association's foreclosure. In fact, second mortgages are usually superior to the condo association's lien for unpaid maintenance fees. Usually the condo association gets stuck with owning a property with at least one outstanding mortgage with an outstanding mortgage balance greater than the actual value of the property because of the decline in real estate value. Most condo associations allow the first mortgage holder to foreclose on the property after their foreclosure is done. The main point is that in Florida a condo association foreclosure has no effect on the first mortgage.
Can you give the equity in a condo you own with your son to your son?
Yes. You can quitclaim your interest in the condo to your son and he would become the sole owner. Especially if the equity is over @ $13,000...get some tax advice on gifts to children and the effect on eventual estate tax. It may be better to do it in steps over a few years ro not incur tax.
Can you lose your mortgage free home for nonpayment of condo fee in New Hampshire?
Yes, it is possible to lose your mortgage-free home in New Hampshire for nonpayment of condo fees. Condo fees are considered a lien on the property, and if they are not paid, the association may take legal action, including foreclosing on the property. It is important to review the specific terms and conditions of your condo association to understand the potential consequences for nonpayment.
Do owners know that when they sue their condo association they sue themselves?
Some know, some do not know. Condominium-savvy owners understand that they purchased property that operates as a private democracy based on the governing documents in effect over the association. People who do not understand the ownership, business and operational structure of the association often behave in ways that affect the association, their neighbors, and themselves in adverse ways.
When a condominium association has a right of first refusal in their declarations what does that mean?
It depends on what the association has '...a right of first refusal' over. Legally, the right of first refusal is a contracted right that gives the holder -- association in this case -- the option to enter into a business transaction with the owner -- probably of real property in this case -- according to a unique set of terms, before the owner can enter into a transaction with a third party. If the association has the right of first refusal over the purchase of a unit, then, in order to sell the unit to a buyer other than the association, a seller must first offer the unit for sale to the association, and the association must refuse to purchase the unit. Once the transaction has been refused, the owner can sell the unit to a buyer other than the association. The terms of the right of first refusal can include a price, a payment plan and so forth.
Can the owner of a condo unit that subject to a life estate sit on the condominium board if by-laws state only an owner can be a board member?
Owner can be interpreted more broadly than just the deed holder. It frequently includes individuals who have an equitable interest or direct control over the unit due to legal arrangements such as a life estate. That said, this can vary not only by local regulations but also by specific wording in your condo's by-laws. Subtle differences in wording can sometimes result in significant implications. To be absolutely certain it would be wise to have a legal professional familiar with your local laws and specific by-laws to weigh in. At Daisy Property Management, we've found that a broader interpretation of "ownership" often applies to the question of board eligibility. That said, it really all comes back to your specific by-laws. It's always beneficial to foster an inclusive environment, as many hands and minds can make light work of running a successful condo association.
How many years back can a condo assn in Georgia collect on past monies owing?
There may be no limit to the number of 'years back;, but the association may not exceed a length of ownership. It is unreasonable and may not be legal to assess past due monies on a 'unit' with more than one non-paying owner over the years. Assessments are due and owing by owners. Owners who do not pay assessments and who sell their units without any association attempts to collect the past due monies, essentially escape paying what they owe.
In Chicago can you walk away from your condo without any repercussions from your HOA?
When you 'walk away' from your property, you can physically leave, but the title remains in your name. The association, therefore, is burdened with paying for the expenses that your monthly assessments cover, which is rarely planned for in any annual budget. Essentially, your ex-neighbors will be paying your bills. Your lender, over time, will foreclose on the property, since one must assume if you 'walk away' you will also quit paying the mortgage. Until title is transferred to a new owner, you are liable for your monthly assessments. The HOA may pursue you for this debt. You would create less mess by signing over the title to the bank or to the association, so that the unit can be sold and the association has a chance to recover from your action sooner.
What credential do I need to buy condo real estate cash total amount in Texas?
The only requirement may be that you produce the cash required to make the purchase. If the association has some restriction, such as an over-55 community, you may need to produce proof of your age.
Who is responsible for an insolvent condo maint fee when the daughter inherits the condo but gives it back to the bank because her father owes more than its worth?
If the association has filed a lien for unpaid assessments, and the lien has a priority status over that of the mortgage lender -- potentially only some of the -- unpaid assessments will be paid from the foreclosure sale of the unit. In any event, if the daughter inherits the title, she also inherits the debt.
