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Owners may differ in opinions with the board that leads the association. Or, you may have a rogue board that conducts business in ways that are not defined by your governing documents.

Owners are encouraged to attend open board meetings, require that the meetings be conducting according to Roberts Rules of Order, and force the board to produce minutes of the meetings. All these requirements should be written in your governing documents.

Owners who disagree with board decisions are encouraged to write to the board and request an open explanation of the board's actions, and request that the action and its rationale be documented in the minutes. An owner can also request an open discussion at a board meeting, and request that the comments be included in the minutes.

Owners who discover that the board is violating or otherwise not following the governing documents can write to the board and request an entry on a board meeting agenda. Then at the meeting, the owner can require the board to vote on the board's violations and include the letter and the vote in the meeting minutes.

Once a board understands its legal requirement -- usually under state condominium law and state non-profit law -- to conduct its business according to the governing documents, boards generally begin acting closer to what's required of them.

The bottom-line key is to read and understand your governing documents so that you can become pro-active as a member and force the board to act within its boundaries.

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13y ago
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14y ago

It depends on the issue at hand.

Your rights as an owner are clearly spelled out in your governing documents.

You may be in violation of the guidelines and governing rules.

Or, your association's board may not be following the governing documents.

In any event, send a written letter to your board requesting clarification of the issue. Request that the letter be handled in an open board meeting, and that the discussion be made part of the minutes.

If you believe that your board is in error, you may have a legal case against it; however, you may be in error, in which case, you can offer the board your apology together with whatever fine or remedy the board requires.

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15y ago

The rights, obligations, rules and regulations are set forth in the documents that create each individual homeowners' association. Therefore, you need to review the document that created your particuler homeowners' association for your answer. You should review the copy that was recorded in the land records because that is the copy your property would be subject to.

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Q: What are your rights as a homeowner against a HOA?
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The answer you want is in the lawsuit documents. Your attorney can answer your question.


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Is the deed holder responsible for Homeowner Association fees if they are asked to leave by the homeowner?

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