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Tenants illegally disposing trash in condo building 

I own a unit in condo building that has 19 units. Our board consists of three members, two of which are mother and son and both together own 9 units in the building. Time proved that such board is difficult to vote out and difficult to deal with as the attitude of possessing almost half of the building created bully effect on other owners. The board started sending notices of recycle violation and possible monetary penalties to be imposed on owners for their tenants contaminating trash bins. Not to mention 9 units the two members own are rental and their tenants are often making damage to the "cleanliness" of the common elements.
Since they sent me a notice about my tenant throwing wrong items to recycle bins I informed my tenant to pay extra attention to what is being put there; still the notice is perceived by me as a personal attack as those issues persist over time. I requested a prove of incident so I can find it legitimate and especially address this to my tenant for the future; board claims they do not need to send any proof, but penalties might occur. How do I determine that it is a real incident not the act of personal vendetta.
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HOA board not following the rules

We are a 164 unit town home community in North Carolina charging $200/month HOA dues. Was elected to the Board a year ago and by the end of the first year I realized the Board members do not understand nor want to understand what our governing documents are about nor the state/federal/nonprofit laws we need to follow. By profession, I was a paralegal in the past for about 10 years so am acutely aware of contracts and lawsuits. The year I have been on the board 5 board members quit (we are a 9 member board) which is a pattern of what has happened with this board the 3 years I have lived here.

There are 3 people (president, secretary & treasurer) who make all of the decisions for the board but everyone follows the president's lead. He is a very forceful personality. The President's son-in-law is the only contractor the board is allowed to use to do maintenance and capital improvement projects. I am the compliance committee for the board. Last summer the secretary decided to revise our handbook. I was included in the first meeting but was kicked off the committee after the meeting when I disagreed with her. After that she and the President and Treasurer revised the handbook with no board approval and handed it out at our October annual meeting.

Since this was my first annual meeting, I didn't realize until it was too late that the board did not follow the procedures set forth in our by-laws (no notices sent, etc). At our board meeting in November after the annual meeting I brought to the board's attention that the handbook was revised without votes from the board and that the annual meeting was not conducted in accordance with our by-laws. The board exploded, especially the Secretary. They deflected the real issue saying that I have a concern with the wording of the handbook no matter how many times I have told them verbally and in writing that it is with the procedure. After the meeting the treasurer asked to speak with me about my concerns regarding the wording of the handbook. When I told her it was not the wording but that the board is not operating in accordance with our governing documents her response was, "do you know how old they are/". She agreed to take my concerns to our attorney but was not willing to let me see their response. When I insisted, she gave me a copy of the attorney's response which basically said everything I had told her. She is keeping the correspondence with our attorney quiet and attempting to spin it to the rest of the board saying that a few mistakes were made but they know now and won't make them again the in future.

When the issue about the handbook was brought up at our meeting this last week I attempted to explain how important our governing documents were and the liability involved in being a board member. The 3 controlling board members (president, secretary and treasurer) attempted to bully me and confuse the issue. When I offered to educate the board they all said they did not want to be educated with one member getting so angry and frustrated she walked out.

I am retired and when looking for a place to live it was very difficult to find housing that was affordable. In fact, most of the people who live in this community are retired with very few younger residents. I really don't want to move. I am just throwing this out there in the hope of getting some feedback or direction as to the best way to proceed. The recovery after being intimidated and bullied is just too much. I am still in a state of shell shock. Any help you can give would be greatly appreciated.
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HOA wants to change bylaws to restrict rentals

Im not sure if you can help me or if you can recommend an attorney.

I live in Kennebunkport Maine

I live on a cut de sac with 7 lots - 6 of which have home on them. I built the 2nd house in the cup de sac. Sold it - bought a 2nd lot - waited two years and then built the 4th house in the cul de sac.

I have lived in this house for 15 years as of May 2018.

4 or 5 years ago the most recent home was built next door.

The new people do not like that I rent rooms in the summer.

The town allows whole house and room rentals. I have complied with all of the town rules.

The HOA dose NOT restrict or prohibit rental. In fact it does not say anything about room rentals at all. It does state that all homes must be single family homes and they all are.

The HOA wants to change the bylaws in this manner

1) where it now has NO language around rentals they want to state that rentals are now allowed and 2) they want to severely restrict how much I can rent (only 4 weeks a year) and for how long I can rent (1 week min which is not quite the town law - the town law says that you cannot rent to two different parties within a 1 week period but that you can rent for a min of 2 nights) and 3) that one cannot advertise that they are pet friendly.

I want to know if I am grandfathered in. If they change the bylaws, can they be made retroactive or is there a Maine law (I think I read one somewhere but cannot find it now) that any home purchased before 2012 cannot have laws forced upon them retroactively by an HOA?)) I built without this restriction. Now they are adding a restriction which I do not find fair. As of now they have no right to tell me (though they constantly do) what I can and cannot do in my home. I have always been respectful of the neighborhood and NO ONE had an issue until the people built next door. They have bullied me endlessly. They call the police and the town code enforcement officer and the animal control. They bad mouth the neighborhood all over town. Town officials have them on their radar. They are relentless because they wanted to live in an 'executive' neighborhood. The other neighbors are also in agreement that they are this relentless because I am an single female - believe me, if they had to stand up to a man they would not be doing this. I have tried to appease them but it's impossible.

I need to know if the LAW is on my side. I need to know that if they change the bylaws, they are only applicable to future owners and not retroactively enforceable.

They have made my life a living hell.
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When HOA rules are not enforced

What is the management suppose to do when shareholders complain the Governing Rules are NOT BEING ENFORCED?

Obviously the BOD has breached their duty and responsibility to shareholders inasmuch as not seeing that management company enforces the rules - as is the Board's obligation to members and residents - what is the responsibility of our management company in this case? The management company is under contract to ENFORCE COVERING RULES?
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Governing your condo association or HOA

What responsibility or action should our association's management company take when shareholder's continuing complaints to ENFORCE GOVERNING RULES - BYLAWS - RULES & REGULATIONS - FLORIDA STATUES are I. G. N. O. R. E. D and complaints fall on deaf ears. This includes contacting the representing attorney for the association who replies as:

Counsel advises: "THE BOARD OF DIRECTORS ARE
FOLLOWING ALL GOVERNING
RULES"

Our Building Property Manager replied to my last complaint as.:

"the management company: "takes orders/directions from the BOARD OF DIRECTORS".

What is the protocol the our management company to do when they have BREACHED the CONTRACT with my Association as to carry our and enforce ALL ASSOCIATION'S LAWs & RULES when've their excuse is : " THE BOARD DID NOT DIRECT ME TO DO SO???

The Board of Directors DO NOT FOLLOW THE RULES THEMSELVES!!

This is for the representing counsel of our association - as to the rules that are unattended - not enforced - carried out - not abided- ignored- broken -

.. Missing unit numbers as required in the concrete slabs to identify ASSIGNED/RESERVED PARKING (blank slabs)

.. ASSIGNED parking not observed as to Declaration Exhibit "A" page 296 (Vice President belongs in spot 401 and picked prime location right in front of our building - the V.P. Of fiduciary responsibility entrusted to enforce laws - not break them)

.. NO early move-in to unit prior to owner living in unit for 12 months (105-206-208-209-304-506-601-602-604-701 -all early move in and some not screened/background check)

.. ALL cars to display Decal to be placed in car windshield (to signify passenger has been approved to reside in community - and allow residence to feel some sort of security)

..HANDICAP PARKING (3 spaces) (70 units plus need for visitors)

INSTRUCTIONS POSTED to all residents by Board of Directors:
"These spaces are designated for TEMPORARY use for the handicap for unloading, drop off, and for handicap visitors. these areas ARE NOT TO. BE CONSIDERED AS PERMANENT PARKING AREAS, and NOT TO BE USED FOR OVERNIGHT PARKING".

The Board and Management have breached this utmost important rule and have allowed the same two cars to use the same two handicap spots 24/7 INCLUDING OVERNIGHT as if, these two spaces were their own private space!

..Board of Directors have allowed ONE investor to purchase SIX (6) units all in our one building and turned our association into a FIFTY (50) PERCENT RATIO of RENTALS

Board of Directors purchased unit 308 - and rented out (renter had a dog - against rules (note: thus dog was not a need for therapy/service- emotional needs )

Board of Directors allowed person to move into unit 508 emotional needs

Board of Directors allowed owner of unit 208 to sell to investor - (the same investor as owning the other 6 units) owner received a buy out price in the amount of $115,00 but,,,,,,,,, thus owner REMAINED IN UNIT 208 for ANOTHER 11 months - the board worked it out to have this owner PAY THE MONTHLY MAINTENANCE FEES directly to the management company and listed the owner's name in the lobby directory as OWNER to hide and cover up to shareholders the Board of Director's
SELECTIVE ENFORCEMENT tactics

..i often think of how this attorney who writes: " THE BOD IS Following ALL ASSOCIATION'S RULES ", how she could possibly defend these out right BREACHES to the Association, the shareholders and have defrauded their duty and responsibility as to their fiduciary oath taken.

Question: What is the responsibility of our management company who has a CONTRACT with the Association (the shareholders are the Association) that works for a Board of Directors who do not follow our laws themselves - and who do not dictate to management to ENFORCE THE ASSOCIATION'S RULES and LAWS OF THE STATE?

Thank you for your response, much appreciated.
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Old condo association with old laws needs updating

Here is a question that I hope someone can explain to me. First of all the developer just turned over our HOA to the 32 unit condo complex. The complex has 4 buildings with 8 units in each building, 4 upper and 4 lower. The first owners meeting with less than half of the owners attending selected a six member board including the president. I don't know how we decided on 6 when it should have an uneven number. Actually we had no idea what was needed to form a HOA so we selected the first 6 members who volunteered, I think we rushed into this important selection. The new board did nothing to update the covenants and bylaws. The board decided to be governed by the contractors set of rules and didn't even provide copies of them to each board member.  Please let me explain, the bylaws were written as a construction plan and included samples of the construction materials. the single head of the HOA was the contractor giving him absolute control of the association. The covenants were confusing with little information on how the rules applied to each situation, the rules would say one thing and contradict itself in another chapter. No effort was given to explain how to set up a new HOA, it was a case of the blind leading the blind. The president we selected decided he would rule by his interpretation  of what the contractors had recorded in the county records office.
 
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Condo owner pays twice to remove old water heater

Hey guys, I have been a subscriber here for some time, and now I have a question maybe you all can please help me with! The situation is this: a co-owner had their water heater replaced, and the plumber left the old unit outside of their unit. These are quad buildings, with 4 townhouse-style units per building,each with 2 floors and basement, front porch, and some have decks. The co-owner had pre-paid the contractor to remove the old heater, but when they returned a few days later to haul it away, found that a board member had summarily had our trash person haul it away, and billed the owner to do this. The owner was not notified or given the chance to have it removed themselves. I am also on the Board and feel that the owner should have had the courtesy of a letter, phone call, or even knock on the door, saying "hey, please remove this old water heater or else the association will do so and bill you". Naturally the owner is upset and I am working with her to resolve this.
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Living in our association with unenforceable rules

I have been residing in my condo association for 20 years, The present Board of Directors is the worst, unethical, members the association ever experienced.as our Governing Documents are not being enforced- regardless of correspondences sent to management- Board of Directors and even from the association's representing attorney, whose main responsibility is to prevent wrong-doings and to see that shareholders GOVERNING Documents are enforced. Since this board is in office, we have a 50% rental ratio - 6 units are of snow-birds - out of 70 units. 

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We have two families living in a 2 bedroom condo in our association

I live in a condo in Florida. Recently, our condo association rented out a 2 bedroom 2 bath unit. There are 2 family's living there which our management company said was approved by our board. The answer we got was it was special this unit was in foreclosure and is owned by an investment group. What can we do about this type of situation?
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Our board changing the rules and regulations

Our HOA board  has changed around our bylaws. The HOA manager and board say they have the right to do it. But its the rules and regulation that they are changing. What is the difference between the bylaws and the rules and regulation? They also said they can change anything, that they do not need a vote by the co-owners.
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