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How does Massachusetts homestead act protect HOA's and homeowners?

Posted on Wed, Sep 17, 2014 @ 07:13 AM

Does the Massachusetts Homestead Act protect elderly unit owners from having liens placed on their property or having a foreclosure initiated from unpaid condo association fees. It looks like most liens and mortgage products are exempt from protection, but this is a new wrinkle I am dealing with?

5 Comments Click here to read/write comments

Can condo association tow car for having no parking permit?

Posted on Thu, Aug 28, 2014 @ 04:53 AM

Can a condo association in California tow your car for not having a parking permit? The condo association's rules and regulations do not mention that a parking permit is required. It also states that open spaces are for guest only. A sign at the entrance of my street states public parking is prohibited. If I am a tenant, would I be considered "Public"? The towing company that towed me is also not listed under towing information. Please advise.

9 Comments Click here to read/write comments

Should condo association meeting minutes be public record?

Posted on Mon, Aug 25, 2014 @ 05:33 AM

I am the board president of a condominium association in NYC. In the past I've been asked to supply the most recent Annual meeting minutes and the most recent Board minutes to potential buyers. That makes sense to me and I'm happy to do it. Today a lawyer for a potential buyer has asked for all the minutes I've got going back over the years. I feel the most recent minutes give the most current information and anything more could just get confusing. All of the Annual minutes are available to all, however, Board minutes are often full of private and sensitive information about Owners that the Board needs to deal with discretely for all Owners' protection. If Owners ask to see Board minutes I happily hand them over but they understand that there may be some redactions of sensitive information. What is common practice when it comes to handing over Annual and Board minutes to potential buyers and/or their lawyers? 

6 Comments Click here to read/write comments

How do condo associations handle emergency access to units?

Posted on Mon, Jul 28, 2014 @ 06:48 AM

We are small (<40 units) self managed beach front 5 story condo building that is used almost exclusively as a vacation property or second home. As the building ages we are finding a need for access to more units to inspect for water leaks in order to take identify and/or corrective action to minimize damage. We have the standard practice in place to turn off main water valve when units are not occupied but that is not sufficient because some leaks are not known or detected until damage is detected in a unit below. We are wondering what type of polices or practices have other condo association's implemented to address emergency access to units? If you have a process in place, how are individual unit keys secured and made available for unit inspections especially when you have no resident agent. Please identify any control or liability issues you have addressed. 

12 Comments Click here to read/write comments

Condo owner with handicap accessible van can't fit in garage space

Posted on Wed, Jul 09, 2014 @ 07:54 AM

I live in a condo with single car garage. I have ms disease and cannot walk so I use a power wheelchair. I have a handicapped accessible van with a side entry that comes down so I can enter and exit the vehicle.  My garage is not big enough for the van.  We had a new condo association called Condo Care take over last year.  They sent me a notice that if I dont park my van in the garage they will fine me 50 dollars for every time my van is outside.  If i park in my garage I am stuck in the van. I do not park in front of the garage door, I use the parking space next to my sidewalk that has a wheelchair ramp leading to my condo entrance.  I have gotten no response from them since I explained my condition to them. Can you help me please?

19 Comments Click here to read/write comments

Master homeowner association is not legally set up right

Posted on Tue, Jul 01, 2014 @ 12:42 PM

I am the President of my HOA and have recently joined the Board for our Master Association. The other association under the Master represents the condos. There are three members from the condos how have been on the Board for over ten years and two years from the HOA on the Board so I am always out voted. After reading the Master Association documents it appears this Board does not comply with the Covenants and the way the Master Association was set up under them. They have an agreement from 2003 scribbled on a piece of paper that previous Board members signed delegating MA common area maintenance to my HOA which they are trying to force me to carry out. Now they plan to file this with the county clerk as a amendment. Under the docs all amendments have to be voted on by the full membership. I can't tell how long is has been since an annual meeting has been held. I've lived here 5 yrs. Never has been one. Under this agreement my HOA is paying more per unit than the condos. Is there any recourse when the Board erroneously picks what they want to enforce from the docs and blatantly go against other Articles?

7 Comments Click here to read/write comments

What counts as a no-vote in a condo association or HOA election?

Posted on Fri, Jun 20, 2014 @ 07:29 AM
If someone decides not to vote in an HOA or condo association election is it considered a no vote?

9 Comments Click here to read/write comments

Garage door frame responsibility in an HOA or townhouse community

Posted on Mon, Jun 16, 2014 @ 07:08 AM
Our garages are all in a line separate from the units with individual locked doors. One door frame has been hit several times to were it’s likely to cost over $1,000 to repair. This frame can only be hit while the door is open as a bumper post protects a down spout next to the Door. Here in California what would these garages be classified as & is the owner responsible for this damage? We have always had an unwritten rule regarding unit doors & especially screen doors as people use/abuse them differently. Yes, I know, we need to make at least a board rule regarding this, but with over 50% renters, good luck!

49 Comments Click here to read/write comments

Condo association arbitrarily raises the condo fee on owners

Posted on Wed, Jun 11, 2014 @ 12:06 PM

My Husband and I bought our condo last June and always have been in full compliance with the rules and regulations and always pay our dues and special assessments on time. Recently, I got a job out of town and we had to move. So, we have rented out our unit. Our by-laws have NO restrictions on renting. We have included in our lease that the tenant must obey all rules and regulations and the CC&Rs. We have a small condominium. There are also no requirements that we have to notify the Board or the Association that we have moved and are now renting.

One of the reasons we bought the condo was because it was a great deal and perfect for us, we knew one day, also, that we would use it as a rental income property. We never imagined and still never imagine that we will sell our condo. However, we just received a letter from the condo management company that we $300 in move in/out fees, which we received on June 2, and which is due on the 15th. I called and said that the due date is quite short and unconscionable, and we negotiated to have it moved to the end of the month. Second, I asked when these dues were voted on. I was emailed a copy of meeting minutes from a Board of Directors meeting back in December 13. Only two (out of 3) of the directors were in attendance of this meeting. The minutes are completely void of any factual basis for the imposition of $150 for move-out fee and $150 for move-in fee, in addition the minutes provide that if there is damage during the move-in/out then they could assess additional fines. I am perfectly happy to pay for any damage either my Husband or I cause or our tenant. I also do not have an issue with paying move-in/out fees.

My question and issue is that the board of directors voted on this fee, which is NOT a special assessment. To me, charging a move-in/out fee is a fundamental change in the CC&R's and By-laws and not within the authority of the board of directors to arbitrarily impose. Most of the folks living in our condo have been there since it was a condo (1979) and a few younger couples have moved in recently, myself included. It seems that the board of directors is imposing this to be stingy and anti-renter, which I understand to an extent. Since moving in, only one other unit has had a renter, and she has been there for years from what I know. My renter currently has signed a 12-month lease and I did a very thorough investigation in her credit, job status, and rental history, she has a spotless record. My main question and issue is whether the Board of Directors (2 of 3, specifically) can arbitrarily impose a move-in/out fee, that has no factual basis, and which is not owner-voted, and which is not a special assessment? 

14 Comments Click here to read/write comments

Condo association has no bylaws, rather a board policy?

Posted on Thu, Aug 29, 2013 @ 07:55 AM
I have lived in 100 unit condo in Missouri for three years. There are no written rules, only something vague called "board policy," referred to obliquely in once-a-year newsletter. Two things happen: people make up own rules or ignore general decent behavior such as picking up after animals. Can rules/regs be put in writing? How should this happen? Does anyone know of condo complex of this size without written rules? Can fines be imposed if there is no written procedure? Thanks for any feedback. 

6 Comments Click here to read/write comments

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