Legally, the association is based upon common ownership of real estate assets. Your state law dictates how these assets must be 'maintained, preserved and protected'.
In a non-functioning association, every owner looses, because the real estate values are not being preserved.
In order to conduct any business that is binding upon owners, your association must be an established and legitimate business in the state. This means with current and valid Articles of Incorporation and a recorded status of your type of corporation with your Secretary of State.
Otherwise, no action is legal.
As an owner, you are best advised to collect with other owners and hire an association-savvy attorney, to help the association regain its footing as a legal business.
If you cannot find your original governing documents, your local county hall of records has a copy, if the association filed them originally. You can pay for copies and take them with you when you meet with your attorney.
Your 'self-proclaimed president' may be attempting to simply resurrect your association because maintenance must be performed. You may all be aiming for the same goal: your differences may be a matter of style.
Your question could give the impression that you want out of your association. Best practices dictate that you sell your property as a way to get out of the association.
Most all governing documents can supersede state law in common interest communities, if they are reasonable. Best practices dictate that the association consult with association counsel to determine how applicable and enforceable a specific by-law may be.
Best practices dictate that you take the lien filed against the vehicle to an association-savvy attorney and request guidance.
The situation you describe does present a conflict of interest. Best practices dictate that this be resolved either with the engagement of a new association management firm, or the sale and move out by the currently engaged property manager.
If you are a new owner or new resident, you can register as soon as possible after taking possession or occupancy. Contact a board member or the association's property manager for details. If you are an association, and you are a corporation, you may need to register with the secretary of state in your state. The state law will dictate when and where you must register, depending on the association's designated type of business.
Liens are a legal specialty and best practices dictate that you work with association counsel to file the proper lien, properly, to maximize the association's chances that it can recover money from this action.An improperly filed, improper lien may afford the debtor defense against your claim.
Depending on the association and its requirements, association managers can perform many of the business and operational tasks required to operate a common-interest community association.Tasks include:collecting assessments and paying association expenses\reporting association financial healthmonitoring the 'pride of ownership' tasks based on the physical look and feel of the property and its real estate assetsadvising the board as to the processes defined in the association's individual governing documentsnotifying all interested parties about changes in the state law that affect associationsand more.Individual associations' boards possess expertise, and best practices dictate hiring association managers who are best equipped to handle tasks for which there is no or little board expertise.NB: Every board owns the ultimate responsibility for tasks performed by the association manager, so close oversight of these vendors is critical.
Liens are a legal specialty and best practices dictate that you work with association counsel to file the proper lien, properly, to maximize the association's chances that it can recover money from this action.An improperly filed, improper lien may afford the debtor defense against your claim.
Liens are a legal specialty and best practices dictate that you work with association counsel to file the proper lien, properly, to maximize the association's chances that it can recover money from this action.An improperly filed, improper lien may afford the debtor defense against your claim.
Will dictate.
Liens are a legal specialty and best practices dictate that you work with association counsel to file the proper lien, properly, to maximize the association's chances that it can recover money from this action. An improperly filed, improper lien may afford the debtor defense against your claim.
No. Liens are a legal specialty and best practices dictate that you work with association counsel to file the proper lien, properly, to maximize the association's chances that it can recover money from this action. An improperly filed, improper lien may afford the debtor defense against your claim.