Is the Principal Liable for all the Actions of the Agent?

I live in a condominium in Dallas,TX that is owned by my father, from whom I possess a properly executed power of attorney (POA) for all matters pertaining to the property. I am responsible for the payment of the monthly assessments on the condo, as well as the taxes and insurance. He does not live here and has only been on the property on one occasion. I wrote a letter to the BBB asking for their help in attaining information from the property manager. The information is not proprietary nor privileged and it should have been provided in the closing papers. Upon receipt of notice from the BBB that I had filed a complaint, the property manager spoke with the president of the HOA who called my father (the owner of record, whom she had never spoken with before) and intimated that the property manager would and could file suit against me (and since I have no money thus, him) in the event they determine that they lost business contracts as a result of a lesser rating with the BBB and that we should immediately retract the BBB statement. Reluctantly I did, but the BBB pursued it. The property manager responded to the BBB and thus to me. Now the matter has been resolved without diminishing their rating with the BBB. MY QUESTION: In regards to the POA, is the principal liable for all the actions of the agent? Is he responsible for all my actions here on the property just because of the POA? I have been trying to understand how the money that the association collects in monthly dues is being spent – but have not gotten far. Read More …

Would Re-Painting the Entire House be Considered Maintenance or an Improvement?

I am a member of an HOA. We recently approved a new choice of paint colors. An owner wishes to paint his house the same color as it is currently. That color is no longer on the approved list of colors. Homeowners have to apply for permission to make an improvement, but are not required to seek permission for maintenance. Would re-painting the entire house be considered maintenance or an improvement? Thank you. Read More …

Is the Association Responsible for All the Costs of My Home Plumbing?

We are a small homeowners association ( 8 houses ) in central Phoenix. When the builder put up these homes he put them all on a common water meter, so our homeowner dues include water, sewer and garbage collection, as well as common area upkeep, electric for the common area lights and liability insurance. Last night a major water line burst under the driveway of one of the homeowners, causing the shutdown of all water to the complex. The homeowner claims this is an association problem and expense, even though, at this point, we don’t know where the break actually occurred, but in any case it appears to be in a pipe on the homeowner’s property. At what point does a central utility become the responsibility of the homeowner? Is the association responsible for all costs in any home associated with the plumbing in whatever form? Where do we draw the line? I just want to know how to proceed in this matter. At the moment the HA has called in a plumber to make a determination about where the break is located and to get it fixed. The HA stepped in primarily because the homeowner refused to do so and the entire complex is without water. Read More …

Should HOA Pay Travel Agent?

I live in a manufactured retirement community. We own our home, but pay rent. We have an HOA and I guess we are incorporated. I am now on the board, and my question is we have a man in the park who organizes travel excursions. The HOA pays his license, his insurance, and his other bills. We maybe get 2-3 thousand back for the HOA in a year. We as a board have started discussing cutting ties with him. Read More …

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. Read More …

A Banking Error Caused Our HOA Dues to Not Go Through, Now We Are Facing Foreclosure, What Are Our Rights?

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 00 dollars in fees and costs plus our missed payment. Read More …

Is it Legal for My Neighbor to Claim Private Use of the Sidewalk if it Prevents Egress and Ingress to the Backyard of My House?

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? Read More …