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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111683
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can a condo assoc be forced to apply /HUD approval as I can

Customer Question

Can a condo assoc be forced to apply for FHA/HUD approval as I can not get a reverse mortgage?
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, a HOA or Condo Association cannot be forced to apply for FHA or HUD approvals. You can ask them to agree to apply, but if the board refuses to do so, there is nothing legally you can do to force them. You have to make the proposal to the board and have it set for a meeting agenda and you need to get other unit owner's support to speak to encourage the board to do so, but legally if the board refuses there is no action that can be taken to force them to do so. The fact is that many condo associations are afraid of getting these approvals because if unit owners start taking reverse mortgages it can ultimately lead to many unoccupied units upon death of these owners, so it is up to you to get support among the other owners to put a bylaw proposal forward to force a vote to approve getting FHA approval and that is your only real option.

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