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What does Federal Fair Housing Acting mean to condo associations?

Posted on Fri, Jan 25, 2013 @ 09:02 AM
  
  
  
  
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Under the Federal Fair Housing Act, Is it breaking any laws or can a Florida Condo Association President make a community rule that no child under the age of twelve can play outside without a parent or adult supervision present when the children are outside. This is not a adult restricted community. Do boards have the authority to dictate parenting? There is nothing in the Doc's that address this issue except to say No bike riding on the grass.

8 Comments Click here to read/write comments

How do condo associations and HOAs reduce legal fees?

Posted on Tue, Apr 10, 2012 @ 05:52 AM
  
  
  
  
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What ways have other associations reduced their legal fees? How expensive is it to file a lien against an owner? Our legal fees for two years are roughly $15,000. Is that high?

15 Comments Click here to read/write comments

Should owners sue townhome association for car damage?

Posted on Sun, Apr 24, 2011 @ 07:42 AM
  
  
  
  
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Can I sue the Townhome Association for not repairing my carport? My carport was damaged during Hurricane Ike (9/08); a large tree fell on the carport and the Association removed half of my carport. It hasn't been repaired, as a result mine and my son's vehicles have rust and sun damage.

5 Comments Click here to read/write comments

HUD rejects condo association for FHA and VA loans. Help, anyone?

Posted on Wed, Feb 09, 2011 @ 06:54 AM
  
  
  
  
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Recently my 26-year-old, 32-unit condo association applied to HUD for loan approval for FHA and VA loans. We were rejected based on the following: "In order to be eligible .. a property cannot be subject to any legal restrictions on conveyance as required by 24 CFR 203.41, 203.512 or 234.66 except for restrictions specifically permitted by those regulations." I googled, but I cannot understand what this means. Anyone?

In our condo board meeting minutes about the rejection was added that in our ... "Ownership Declaration it says 'There shall be no more than four (4) persons occupying any one unit'. HUD will not grant FHA approval until bylaws are changed and recorded with the county." Does this mean this is the only reason our application was rejected? If so, have other associations reworded the number of people who can occupy any one unit to meet HUD's approval? Our units are all two bedrooms with maximum 1,020 sq.ft. It is my understanding that an association would want HUD approval because 1/4 - 1/3 of all home buyers get FHA or VA loans, and without that approval, you are limiting the number of people who even look at your for-sale unit. There are many financial benefits of getting a FHA or VA loan - lower down-payment rates, lower borrower insurance rates, first-time buyer eligibility, etc. Realtors and anyone else can easily look online to see what condos have been approved or not approved or rejected by HUD. See: https://entp.hud.gov/idapp/html/condlook.cfm When you fill in the blanks, you don't need all of the information. For instance, under name of Condo mine is officially Cedarwoods Condominiums, but that did not bring anything up. The HUD response said to just put the first three or four letters in, such as Ceda, and that worked being that I already had the state and the zip code in there. We currently have one unit in foreclosure and six units that are rented out. Many of these had for-sale signs up a long time and did not sell. Had the association had HUD approval, there may have been more potential buyers looking at the properties. By not managing the HUD approval process, my board of directors is limiting financial options for us owner sellers. That's not right. Also, my board is very threatened about changing any of the bylaws because they think it is such a complicated process. Is it? I would assume our association attorney could tell them exactly what they needed to do.

4 Comments Click here to read/write comments

Is it legal not to have a condo association board of directors

Posted on Fri, Feb 04, 2011 @ 11:54 AM
  
  
  
  
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Is it legal for there not to be a board of directors for a New Jersey condominium?  Also, is it legal for a the management company not to disclose information about who's on the board of directors when I, a unit owner, hence a member of the condo association, needs to voice my complaints? (The management company refuses to respond to my complaints and inquiries. I called the managing agent 15 times and left numerous messages. Calls were not returned.)

14 Comments Click here to read/write comments

Can Florida disabled renter be evicted by condo association?

Posted on Thu, Dec 23, 2010 @ 07:59 AM
  
  
  
  
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Are persons with disabilities exempt from the Florida statute regarding Rental Collection on a unit that is being foreclosed with renter occupying? Notice has been given for renter to submit payment to condo association and notice was sent to homeowner also with the FLA statute on this issue. Renter has not paid and Homeowner is still collecting rent but is a least 4 months delinquent on condo fees. Renter is ignoring the notification. Can renter be evicted? He is on Disability. Homeowner is currently going into Foreclosure, Association does have lien in place.

4 Comments Click here to read/write comments

Do homeowners have the right to see aps before voting?

Posted on Thu, Dec 09, 2010 @ 08:09 AM
  
  
  
  
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Our Florida HOA, Board of Directors (BOD) also rules on ARB. Homeowners are not permitted to see the aps until they are approved or disapproved by the BOD.

My question is: Don't homeowners have the RIGHT to see aps BEFORE they are voted on in case a neighbor is doing something that is upsetting or infringing on the rights of neighboring homeowners?

The BOD says the BOD was voted in to represent the homeowners so therefore they do not have to disclose any info until it is voted on and than at that time it is made public to the homeowners. What are your thoughts and do you which FL Statute - section governs this?

11 Comments Click here to read/write comments

Should a condo assocation lawyer do the work?

Posted on Wed, Sep 29, 2010 @ 06:51 AM
  
  
  
  
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We have situation where an individual homeowner built a wall enclosing common area to allow herself private access from her commercial unit to the restroom for the commercial unit. This wall goes through a garage area. There has been discussion for almost three years regarding whether she needs to remove the wall and restore the area. The condo association has spent several thousand dollars on this already. A tentative agreement has been reached to allow her to leave the wall up and pay an 'agreed upon fine' each month with the understanding that the area will be restored before it can be placed for sale in the future.

I stated that the attorney for the condo association should draw up the contract at the homeowners expense for two reasons: 1. The association has already spent a great deal in attorney fees already, and 2. She has had free use of this space for over 18 years already (since she first constructed the wall). Three of the board members feel they should be able to draw up the contract themselves - to save the association and/or the homeowner money. I am opposed to anyone drawing up a legal contract except an attorney who is looking out for the condo association. I believe this may lead to consequences in the future and could be considered a breach of fiduciary responsibility. Any opinions

8 Comments Click here to read/write comments

HOA management won't help townhouse with a dead animal inside the wall

Posted on Tue, Jul 20, 2010 @ 08:16 AM
  
  
  
  
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condo hoa animalsI bought a townhouse in an HOA recently and had some problems with the management office. A few months ago, some animals got into the walls through a hole on the roof. Condo management office sent a company (NOT A ANIMAL CONTROL COMPANY) to seal the hole from outside. Few weeks later, lots of flies and bad smell came out from the walls. This time condo management sent an animal control company and they need to open some holes inside the unit to locate the dead animal. However, the condo management did not support this plan and never respond to us. We have to live with the flies and stinky smells. Now there is still few flies coming out from the walls and bad smell is still there in the closet and bath room. My wife is in pregnancy and is sick with this situation. Without response from the management office, can I turn to a lawyer to help? I am in Boston and appreciate your help. PTKTMYT3MRDD

3 Comments Click here to read/write comments

Must delinquent owner pay both HOA late fees and lawyer's fees?

Posted on Tue, May 25, 2010 @ 05:50 AM
  
  
  
  
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hoa lawyerI was just handed a legal notice from an attorney's office that I owe $1,200 in delinquent HOA payments (I was not aware that my routing number for the automatic bill pay was incorrect). I was never notified of this before they went to an attorney and now am told I owe for the attorney's fees as well which total over $500. I would have hand delivered the check to the HOA management office and fixed the problem immediately if I had just known. I live in Florida, and no where in my HOA by-laws does it say the process in which a notification of this sort is handled before the lien is placed. Can they make me pay the lawyer's fees as well?

19 Comments Click here to read/write comments

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