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Questions tagged [hoa]

Questions involving Homeowner Associations (HOAs)

90 questions
58
votes
3 answers

HOA Prohibits "Large Families"

My wife and I have found a vacant lot (this is in Utah, BTW) where we would like to build a house. However, the HOA that the lot belongs to does not allow more than four occupants, regardless of the size of the home. The CCR actually…
TallChuck
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1 answer

Collect a tap fee in an HOA

I am in an HOA. We have a shared water system. It is considered common property of HOA and there is a water assessment that is assigned by the board for the cost of operating the well. There is a separate accrual account for capital projects. I…
paparazzo
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5
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1 answer

Why did the neighbors, rather than the beneficiaries, object to the property destruction in Eyerman v. Mercantile Trust Co.?

We studied this case in my 1L (i.e. first year of law school) property course. I am curious about the background on this case. I would've expected that her executor or beneficiaries would've had an interest in seeing the property preserved, but in…
JoshuaD
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5
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3 answers

HOA Rule Concerning Freedom of Speech in Georgia, USA

Our Georgia HOA recently changed this rule to the following: "A Resident or guest shall not discipline, correct, or abuse any of the Management Staff, other residents, guests, directors, officers, contractors/vendors, or committee persons, verbally…
JustTryingToGetTheFacts
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5
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1 answer

There are some people in neighborhood wanting to put in community pool. There are some that do not want it. Can those not interested be forced to pay?

I purchased my home in a brand new community with the builder as the HOA and there was no plan for a pool to ever be built. After I moved in I put in a request to the HOA to have a pool installed in my back yard, and it was approved and I had one…
Mark Beachey
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4
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0 answers

What Happens To Shared Land When An HOA Is Dissolved?

An HOA was formed in Illinois back in 2006 a big developer was going to build houses. They established some rules/covenants and established the property lot lines. It also established some small shared 'common areas' for drainage and a small area…
Rob P.
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3
votes
2 answers

Blocking sidewalk by parking in your driveway

Is it the responsibility of the board of an HOA to enforce county and state laws about blocking a sidewalk. This is in a HOA community where one side of each street has a sidewalk and by using their full driveway some homeowners block the sidewalk…
Tina McDaniel
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3
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1 answer

If our HOA does not have enough to pay for all damages, would putting everything into my trust be enough to protect my assets?

Let's say someone sues our small HOA for more than the HOA insurance will cover (for something that happened in the common area), and not finding enough, sues each owner for the rest. Would my assets be protected because it's in a trust? Let's…
Steve
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3
votes
1 answer

HOA shredded our Money Order. Is Money Order an Official Record? Are there other Records we can request?

Per our state's rule on HOAs: (4) OFFICIAL RECORDS.—The association shall maintain each of the following items, when applicable, which constitute the official records of the association: [...] (j) The financial and accounting records of the…
LeanMan
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3
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How to find a good HOA Lawyer to deal with confrontational HOA

Suppose that a person's current HOA is very aggressive with increases, fines and attorney fees that tends to silence community members rather than empowering them. Suppose that the management contracted by the HOA Board of Directors uses the…
LeanMan
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3
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Dissolution of HOA

Florida requires HOAs to be registered as nonprofit corporations. If an HOA allows its registration with the state to lapse into dissolution: Does its officers and agents bear liability for any action and not the association? Any citation of…
gatorback
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Can our HOA require us to help purchase unused properties in our subdivision?

Our HOA held a vote to buy 3 unused parcels of land in our neighborhood. The purchase requires us to pay an additional $763 on top of our annual fee. Am I required to help purchase this property for the HOA? If so do I have any land and title rights…
Roy Clark
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3
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2 answers

How does a subdivision covenant work if no successors are recorded?

I am purchasing a home and would like to install a fence. The original covenants, from 1975, specify you must get approval from the architectural control committee, but all the listed trustees are dead, and the Recorder's office has no further…
Drise
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3
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1 answer

HOA forcing family to pay for facilities which we are prohibited to use

A large debt was accrued by our family with our Home Owners Association, which was paid off. However, the HOA still insists that there are additional debts, thus stripping our rights to a community parking permit, and a community pool key. Both of…
Alex
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2
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0 answers

WA rules HOA and outdoor cats

Are HoAs in Washington state allowed to ban outdoor cats and restrict cat owners to keep cats indoors only? Thank you
April
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