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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.
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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.
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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.
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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.)
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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?
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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
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