What Community Associations Should Know from HOA Attorneys
Loud garage noise disturbing neighbors and questions on the topic of HOA neglect of duties
A disagreement about the composition of Homeowner association (HOA) boards
This is a general post about HOAs – I will get more detailed with later posts.
In a nutshell: The HOA manages/insures the of the common areas of a subdivision (subdivision entrance(s), pool, tennis courts, club house) and sets/enforces rules that residents need to follow that are designed to keep the homes looking nice and well kept to hold up property values. With respect to condominiums, their responsibility usually extends to the maintenance of the yards, exterior of buildings (including roofs – excluding doors and windows), elevators, and sidewalks/parking lot. Utilities such as water, sewer, and garbage services are normally paid by the condominium HOA. An HOA usually collects and “reserves” a portion of the monthly/annual HOA fee for future repairs/maintenance of the common areas so as to minimize the need for a “special Assessment” of home owners for large repairs.
Rights of residents for providing email addresses
Community fed up with emotional support animal loophole
4-28-2016: The Florida Homeowners’ Association Act (Chapter 720, Florida Statutes) – permits owners to speak on each point. Does your state or HOA allow you to voice your opinions on each topic discussed?
1-27-2015: There Are Some Things A Homeowner’s Association Won’t – Can’t – Tell It’s Members In many cases, an HOA or the management company will not share information with individual homeowners/members regarding the details of any lawsuit with which the HOA is involved.
4-22-2014: Some tips on amending HOA CCRs.
1-22-2014: In the article titled Homeowners Associations in Crisis as 70% Are Underfunded, the main reasons are unfunded HOA fees (foreclosures and delinquencies) and some either obscure or large unexpected expenses.
11-10-12: A new Florida law was passed which requires the renter to pay a condominium board for assessments that go unpaid by the owner. Be careful to research and place clause in your rental agreement that owner is responsible for all normal HOA fees unrelated to tenant behavior. Also, call the HOA Manager and ask about history of owner payments and ask if the HOA CCRs have incorporated the language that make this new Florida law applies. http://www.abcactionnews.com/dpp/news/local_news/investigations/strange-real-estate-laws-still-on-the-books-that-could-cost-you-time-and-money#ixzz2BqSPGlIQ
5-6-2012: To form, or not to form a Mandatory HOA? That is the question….of this article. Source: http://www.ccfj.net/HOAvolunt.htm
5-3-2012: A Sunday Atlanta Journal Constitution article (4-29-12, B8) mentioned a struggle between a Georgia home owner who wanted to install solar panels on his home and the HOA who was fighting against it. Many states have laws regarding the right of HOA to prohibit/allow the installation of solar panels. The Georgia General assembly failed to pass a bill this year that would have allowed their installation with certain restrictions. Interesting dilemma between individual property right and the power of an HOA! Source: AJC, 4-29-2012, B8 Solar Power Standoff.
4-18-2012: Georgia’s Official Code for Homeowner Property Associations http://www.nhhoa.org/documents/GA_POA_44-3-220.pdf
4-11-2012: ran across this website as a possible informational resource – Association of Condominiums, Townhomes, and Homeowner’s Associations – http://www.actha.org/
4-5-2012: the trouble with HOA participation and reluctance to get a good property management company can be a poor decision. Source: http://realtytimes.com/rtpages/20120404_hoaexpert.htm
What is your HOA doing about crime in your community?
4-5-2012: Based on the recent Florida incident, maybe you should ask, “what isn’t your HOA doing about crime in your subdivision?” Source: http://realtytimes.com/rtpages/20120404_trayvonmartin.htm
What repairs is your Homeowner’s Association responsible to repair and what repairs are the homeowner’s responsibility?
Also, does your HOA have a preventive maintenance plan?
Has your HOA performed a Reserve Study?
If a reserve study was/wasn’t performed, how is it followed, how is the reserve being invested?
Has your HOA wrestled with American with Disabilities Act yet?
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