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.
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.
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.
The answer you want is in the lawsuit documents. Your attorney can answer your question.
In this case, apparently, the bank is the owner. So yes, the HOA can file the lien against the bank's ownership of this unit.
Yes. A note on the interest part--your state's law will dictate what interest, if any, you will receive. And you will assume the HOA's liability--if the lien is later declared invalid, you will be responsible for the homeowner's court costs. Make sure that it is a part of the sale of the lien that the HOA will cooperate in any foreclosure proceedings that might occur to collect the lien--without them, the homeowner will likely win.
Depends on the laws of the state; the HOA should have its attorney check this. But the question is how did the sale occur without the HOA providing a standard letter certifying that all dues were paid to date of sale unless your state does not require this? The HOA should have filed its lien against the unit prior to the sale, too, if state law granted it that right.
The HOA only files a lien when all other attempts to collect monies due have failed. An owner who ignores notices from the HOA to collect money cannot later claim to be unaware of fines, since monies due and fines are detailed in the governing documents.
The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.
Typically, the deed holder is responsible for paying Homeowner Association (HOA) fees, regardless of whether they are asked to leave by the homeowner or not. The responsibility for HOA fees is tied to the ownership of the property, not the occupancy status. So, even if the homeowner asks the deed holder to leave, they will still typically be responsible for paying any outstanding or future HOA fees until the deed is transferred to another owner. It is important to review the specific HOA rules and regulations and consult with legal professionals for accurate and personalized advice.
Your question sounds like there was an original HOA, which was superseded by a new HOA. Every HOA collects assessments to operate the community, and as an owner, your governing documents define your responsibilities to pay and the association's responsibilities to collect assessments. The new HOA has its own form of assessments, regardless of the form of assessments paid to the original HOA.
Your bankruptcy attorney can help you determine whether or not the special assessment was part of your bankruptcy proceeding.
No, an HOA management company typically does not pay for any losses in a homeowner's insurance claim. Homeowners insurance is a separate policy that homeowners are responsible for purchasing and maintaining. The HOA management company is responsible for managing the common areas and implementing the HOA rules, but they do not cover individual homeowner's insurance claims.
Your governing documents document collection procedures and those should be followed first. Given no response by the owner, you may need to pursue the HOA's legal options. I suggest that the HOA work with its attorney and file liens against the delinquent properties. That way, this clouds the title, making it difficult for the delinquent homeowners to refinance or sell their homes. Also, HOA liens can be foreclosed in most states, even above mortgages, so the HOA is basically guaranteed payment. This process is documented in your governing documents. Remember that since the HOA covenants and/or state law give the HOA the right to collect attorney fees in case of homeowner default, the cost of the transaction will eventually be paid by the owners.
This term usually applies to some action by an owner, tenant, resident or guest that violates the guidelines written in your governing documents for the homeowner association.