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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?

3 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. 

10 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

How does HOA board member enforce rules and regulations?

Posted on Sun, Apr 29, 2012 @ 08:47 AM
When our condo rules and regulations are violated by one owner where do I go for resolution for the legal problems ? ie.,no pets allowed, no renting or leasing unit, no subleasing. I am a board member. Do I have to evoke a lawsuit to get this done?

17 Comments Click here to read/write comments

How often can condo association or HOA rules be updated?

Posted on Fri, Oct 14, 2011 @ 09:23 AM

How often can rules and regulations be updated? I just took over the management of my condo association and it appears that these have not been updated since 2000. I feel like there are a lot of things that should be looked at but am not sure how to go about doing this. Thank you for any information that you can offer.

21 Comments Click here to read/write comments

Condo association changing as families cant afford single family homes

Posted on Thu, Jul 28, 2011 @ 07:03 AM
Our condo community is changing. We are getting more families moving into units which are probably too small but they can't afford single family homes. They don't like rules so don't follow them and don't think of neighbors when outside with children on patio until ll pm making noise and lighting torches near their fences. The parents of the four year old have been told that he can't ride his bike in the parking lot, on sidewalks or on lawns and that the bike must be stored on back patio when not being used. Has anyone had problems like this and how have you handled it?

20 Comments Click here to read/write comments

How does four person condo association board overide split decisions?

Posted on Tue, Apr 05, 2011 @ 06:49 AM
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Our 40-unit Georgia condo complex has just lost one of it's five Board members. Our by-laws require 5 members, but we've had no luck finding anyone willing to replace the person who left (due to severe conflict caused by two of the board members). My question: now that we are down, at least for the time being, to four members, and among those four members votes will most likely be split two against two, how are tie votes decided? Our by-laws state the president has an equal vote. My understanding of Robert's Rules is that motions resulting in tie votes are dismissed. Is this correct. Our president wants to be a dictator, and thinks the office of president can do as it pleases.

9 Comments Click here to read/write comments

Ridicuous enforcement of condo association rules challenged?

Posted on Thu, Mar 03, 2011 @ 08:29 AM
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The homeowners association of a condominium I own for investment has a rule prohibiting using the enclosed patio of a ground unit from being used for "storage, free of liter and debris." I have been cited because my tenant's children left some toys on the patio, items which could only have been viewed if someone made an effort to peer over the wall surrounding it. I am incensed with this obtrusiveness. Is there any precedent for challenging the reasonableness of HOA rules? Thanks!

29 Comments Click here to read/write comments

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