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Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16288
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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When in a landowner's association, what rights to

Customer Question

When in a landowner's association, what rights to individuals have? I own property on a rural mountain. Our current road maintenance contractor is not keeping the roads maintained. I would like to request a different contractor or some type of improvement. What are my rights?
Submitted: 9 months ago.
Category: Real Estate Law
Customer: replied 9 months ago.
I was expecting an answer. Is this question being reviewed?
Expert:  Legalease replied 9 months ago.

Hello there --

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I apologize for the delay but this is the first time I have seen this question.

Your rights as an owner in an association are defined by the charter documents of the association and what those documents call for. My guess here is that the rights are set forth in the charter documents of the association (by laws, rules and regulations) and they are legally permitted to place these rules into action and use them as they see fit during board meetings. If they are following the documents and hiring the contractor then you are limited to protesting and perhaps getting other owners to join the protest and possibly impeaching some board members. If you review the documents (or have your attorney review them) and there is nothing in there that gives the board the power to do these things, then you are in a position where you can bring legal action against the board for failing to follow their own rules and regulations.

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I know you were hoping that there is an agency or something else that you could do without too much trouble, but condo associations, Homeowners Associations and Landowners associations all operate in the same manner -- private people are permitted to organize into associations and implement any rules and regulations for the running of the property that they see fit so long as they do not discriminate against any one person or group of people due to their race, gender, age, disability, religion or sexual orientation. In the event that the manner of voting is not set forth in your charter documents, the state statutes do cover voting rights when it is not otherwise covered by the written charter documents, so that really is the place that you need to start your inquiries.

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I hope that helps. Please let me know if you have any additional questions. If not, can you please press a positive rating above this box to pay me for my time. I am paid nothing unless you press the middle star or the fourth or fifth star on the right of the ratings section. Pressing a positive rating will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time assisting you today. THANK YOU VERY MUCH

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MARY

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