Articles on Homeowners HOA
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time. I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. Our neighbors use part of our land as a path, without our permission. Can the HOA mandate an easement without our consent? A large, dead tree branch fell and did damage to my truck outside of my girlfriend’s town house. Is the HOA responsible for this? My HOA served me a violation notice letter but delivered it to my thirteen year old. Is this a violation of the law or just bad manners? The HOA of our rental home recently passed a law that, although owners are, tenants are not allowed to have dogs. Can they do this? We live in a lake front community and own docks. Our HOA is now demanding a lease payment for these docks, some of which are over 25 years old. Can they do that? The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it? My HOA is required to provide the hot water in my complex but has been negligent in resolving boiler issues, resulting in a lack of hot water. How can I get them to fix the problem? I submitted a request for permission to install a new roof to my HOA weeks ago and, after several subsequent attempts to get a reply, have heard nothing. As my roof was leaking, I went ahead with the replacement and am now being told that they have yet to approve the roofing material and I may be asked to remove it. Can they do that? Do changes made to HOA Covenants, Conditions and Regulations need to be recorded with the county to be valid? I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that? Our road association is making changes that have not been approved by all homeowners and seem to be exceeding their authority. How can we find out whether they are within their legal rights? When the wind blows, shards from nearby palm trees, the responsibility of our HOA, cause property damage. Who’s responsibility is that? At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?” We have been in several disagreements with the next door neighbor and he is the president of the HOA for our section of the community, but not for the whole governing community. What are my options, I have even offered to obtain the permits from the city and install a 12 inch pipe. This seems like a vendetta and not justice.” Currently, the only people who use the easement are neighborhood children, many of whom ride their bicycles (and on one occasion, a gasoline-powered motorized scooter) through our front yard, past our house, through the backyard, and into the trees beyond. Our lawn is suffering serious damage because of this. Is it possible to vacate the pedestrian easement, and if so, how? I am a disabled person Researching the Subject of Homeownership. HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise. They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? I own a home in an Arizona subdivision with an HOA. Recently, the HOA amended the CCRs to redefine the common area to include the sidewalks. Can the HOA legally claim ownership of the sidewalk on my property? The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? I got behind my HOA payments, and then made an arrangement to pay $1000 a month to get things caught up. But, the lawyers paid by the HOA have convinced the HOA Board that I need give them a signed and notarized Stipulation for Judgement by both my husband and I. My husband does not need to know of this debt, and I can pay the money on my own. Is a Stipulation for Judgement legally required to pay off this debt? The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? I have a 1 acre peice of property in a gated community. There is a 14 ft utility easement at the front of my property as there is a transformer there. The HOA came in on my property and installed Electrical power panels to service a gate for back entry/ exit to the sub division. They did not have my permission. They also dug a trench completely across my property about 2 feet wide to reach the transformer for power to the gate and when finished left my property in a mess. My question is, did the HOA have the right to do what they did without my permission? I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand? We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We do not think we should be responsible for the repair and maintenance of the retaining wall. What do you think? As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? I am having an issue with my next door neighbor that has been ongoing for two years. I have tried to talk to the management company, but they have not been helpful. My question is I must notify my HOA that I plan on renting out my home. I can not rent it for more then 2 years in accordance with the HOA. Can the HOA say no to me renting out my home? What rights do I have? Can an HOA hold a homeowner liable for cutting down trees on HOA property when eye witness proof does not exist and the only evidence is circumstantial? I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? What is the difference between an easement for INGRESS AND EGRESS (not exclusive) as opposed to an easement “OVER AND ACROSS” lands? The easements run through a gated community to a river. We are not a part of the HOA. Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list? Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property? We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. An easement through an unincorporated HOA community in Yavapai County, AZ allows access through the community to landlocked abutting Property. Easement metes and bounds describe a route somewhat different from existing roads. Owner has unfettered access. Adherence to the described easement would require demo of some existing construction and construction of new roads. What are respective rights of community and easement grantee (Property owner)? For example, does the law allow the Property owner unrestricted rights to treat the route of his described easement however he deems necessary irrespective of the current use of that property? I am a member of a Homeowners Association and I have discovered that the Management Company and a member of the Communications Committee have been manipulating the website to cover up violations of the bylaws. What can I do? Recently, we had an issue where a tree died in a homeowner’s back yard. The tree was actually on the property that the HOA (Home Owner’s Association) owns. The homeowner cut the tree down due to the fact that it was a hazard to him and anyone in the lake in that area if the tree should have fallen. This homeowner has asked for reimbursement from the HOA for the cost of the removal of the tree due to the fact that the tree was on HOA property. Would the fact that lakefront owner’s have “property rights” to the water’s edge affect the legal responsibility of the HOA to pay for the removal of the tree? I live in a Condominium and I am having trouble with renters not abiding by the associations rules. The renters are running in the hallways, which causes loud noises and vibrates our walls that face the hallway. The association is saying that since we are it only ones that are complaining, that is doesn’t happen many times a day and that the only happens in the daytime, that they will no longer try to control the renters behavior. This has been going on for over 2 years. What recourse do we have to reclaim our peaceful living environment? I have lived in my house for 15 years the HOA requires that you have at least 4 trees on each lot, about 5 years ago a man bought the lot next door ,then he started putting in trees along property line trees that have lots of big leaves. I try to keep my yard looking nice but now I have to get up these leaves 3- 4 times a year. Is there anyway that I can make him pay me for my time and using my equipment? When I arrived back home ~9:00pm I had an envelope taped to my front door. It was on letterhead from the HOA, ( not signed by any person) saying that I was in violation of a sign covenant and if the sign was not removed by 12:00AM (3 hours later) I would be fined $500 per day until it was removed and no longer visible. I doubted the validity of the letter but removed the sign before midnight as per the letter to avoid the chance of any penalty until I could check on the validity of the letter. I have never had any interaction with the HOA before this and do not understand how such a swift assessment/violation can be accessed without some understanding of the issues. We have a neighbor who is hell bent on reporting any tiny violation of HOA covenants to the HOA, and takes pictures to email them. The pictures they have taken include the basement bedroom window of our roommate, who is not happy about pics being taken. Somehow I feel like this is an invasion of privacy, but don’t know what to do. I used to sit on a Homeowner’s Association, and then I resigned following a lawsuit which named me as a defendant. They had a new assessment, and brought in a new management company. Now the new management company is harrassing me. How can I get them to stop? The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. Can a voting HOA member also act as a developer for the development? Someone has built a house down the block from us and has decided to put a dock 20 feet from us, and instead of making his own access to his dock he has decided to use ours. What can we do? The Home Owners Association of which I am a member is submitting for approval an amendment to the current Covenants which would proscribe the keeping of horses. Since horses were specifically allowed when I purchased my property and I have already invested in stalls and tack. An agreement between a townhome homeowners association and a neighboring condo homeowners association includes financial contributions for upkeep of property easements. Can one demand financial accountability from the other? Our nine unit ocean city condo association has recently voted to add boat slips. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and I have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Does My HOA Have to Reimburse Me For Costs of the Fire Department Boarding Up My Door After Investigating a Water Leak if the HOA Made No Attempt to Contact Me First?
I have vacated my condo, but my downstairs neighbor had a problem with a leak coming from my condo upstairs. She tried to contact the HOA but they are closed on the weekend. None of the board members had access to my contact information, so my neighbor called the fire department to check out the problem. Our HOA dues are paid quarterly and, the last quarter of last year, a banking error caused the last payment of the quarter to erroneously not transmit through our electric bill pay. We did not realize that the payment did not go out and submitted our next quarterly payment as scheduled. Our HOA returned our payment stating that we were delinquent and now owed over $400 dollars in fees and costs plus our missed payment. My HOA is responsible for any repairs or problems of the exterior of my townhome, for almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what shall I do since they have not done anything? I live in a townhouse, 2nd unit from the end. My neighbor, who owns the end unit, is trying to prevent me from walking on the sidewalk that goes around her house, leading down the hill to the backs of our townhome group. She claims that since the sidewalk in on her “plat”, it is her private property and we can’t use it. Our HOA doesn’t allow fences, or any signs to be erected, so my question is..is it legal for her to claim private use of the sidewalk if it prevents egress and ingress to the backyard of our house? I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. I live in a private community in North Carolina. Most of the residents of this community are retired. There are several people in the community who would like to use one of the pools for water aerobics on a near-continual basis. The procedure they must follow to get permission to use the pool for water aerobics is s follows: I am a unit owner in a townhouse development of 77 units – situated within 12-13 buildings in the neighborhood association. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. About 10 feet below the large retaining wall is the resort’s golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. I live in a condo that has an HOA and it is “gated” and the night the gates were not working for some odd reason my vehicle was vandalized and rims were stolen off my car – $4500.00 including the brand new tires I just put on the rim. Can I go after the HOA because the gates were malfunctioning??? I’m being held responsible for continuing payment on tires I had put on credit and I no longer have them. Please help. Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it. I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live on the lake and have received several letters telling me to remove the boat that I built from the lake. My property includes a strip of land surrounding a retention pond. Prior to purchasing my Florida home in 1999, I obtained a written agreement from the HOA Board President to maintain this strip of land. The HOA did not believe they were obligated to do so, but agreed it was reasonable since the strip of land was too large for one landowner to maintain. We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”. Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Can HOA members hold a community-wide event in front of a homeowner’s property without their consent? I live in a community in Maryland that does not have a common area property for recreational purposes. During an HOA meeting attended by one of my neighbors, it was learned that a community-wide cookout was scheduled to take place on our cul-de-sac. “How long does the owner of a condo unit have to fix a leak in an upstairs unit that is causing damage to my unit downstairs?” We bought a new house an a subdivision and we asked the sales agent and the builder if we can build a 6″ privacy fence, since there a two empty lot beside ours, and the neighborhood behind doesn’t belong to the subdivision. They told us that it would be no problem at all, fill out the ARC and send it, which we did. We never got an answer so we assumed it was approved. We built the fence in November 20th 2011, in January we received a letter from the HOA saying we didn’t ask for permission, and they sent us a new ARC. Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California. Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. Our Ohio home is next to a undeveloped builder-owned lot. The builder does a terrible job of maintaining the property. We cut our lawn frequently and have our lawn treated. The undeveloped lot is not cut regularly or treated. In order to protect our yard from issues associated with this untreated property (weeds, etc.), my husband has maintained about 20 feet of that property adjacent to our yard for the last nine years. I rented a condo in a lakefront complex beginning in December 2011. One of the amenities that helped make my decision and select this complex was the ability to take advantage of the docks and boat slips that are available to rent at an additional cost through the HOA. In January the HOA passed a resolution prohibiting non-resident owners from renting a boat slip, and tenants are not allowed to enter into any transactional relationship with the HOA. I am a Trustee for a condo association and a sex offender recently moved into the community. Does the Board need to inform the residents and do we need to be concerned about privacy issues for the sex offender? We are a co-op in CA (Santa Cruz County). We are having an issue with belligerent community members in board meetings that are held in a community building. These members will not adhere to 4 minutes of time to speak per presenter, they are name calling, yelling, and threatening board and community members. These members have become so disruptive that the board is not able to complete normal agenda items and there are major outstanding issues that need to be resolved. I live in a development that is made up of several smaller developments. Each development has an HOA that is responsible for their development. Then we a have a master HOA that rules over all the common areas of all the developments like pools, parks, roads and the lake. The city has designated them the Community Development District. I live in a gated condo that has an HOA. One night the gates were not working for some odd reason and my vehicle was vandalized. My $4500.00 rims were stolen off of my car, including the brand new tires I just put on the rims. Can I go after the HOA for this, given that the gates were malfunctioning? I live in a neighborhood that has both a HOA and a Member Equity Country Club . The neighborhood by-laws make it mandatory for homeowners to be at least a social member of the club. There is now high interest by Donald Trump to purchase our club. This would eliminate control by the equity members and pass it to Trump. The developer/builder of our subdivision signed an annexation agreement with the village 8 years ago. There was also CC&Rs that were attached that expired after 5 years and were never renewed. The village is stating that there is a natural pond that may have to be maintained in the event it affects the storm sewers. They are maintaining that we have to form an association or they will sue the homeowners for any work they will have to do to maintain the “natural” pond. I am a prior owner of a townhome in a 7 unit community. For 2 years, the new owner stopped paying HOA dues and the home went into foreclosure. The HOA sued her and received monies due from nonpayment of her dues at closing. During that 2 year period the 6 other owners dues increased to pay her share. My HOA is responsible for any repairs or problems with the exterior of my townhome. For almost 3 years now I have been trying to get them to make repairs to my townhome so that moisture will not continue to come into my basement each time it rains or snows, what can I do since they have not done anything? I live in a condo community where the HOA is comprised of unit owners. Over the past several years there have been several suggestions to hire a property management company. The council president is totally against this and dismisses the idea each time.