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Folks, I need a Community Association lawyer to respond to

Folks,I need a Community Association lawyer to respond to this query.While attending the September HOA meeting at the board President's home, I observed that he had recently taken over and redeveloped the Common Maintenance Area (CMA) behind his house. When I challenged him on this, he simply replied that it was his property and that the ARC chairman signed off on the changes. When I pointed out that this was not permitted, and a very serious violation of our CC&Rs, he and other attending board members seemed little concerned.This board consistently fails to document unfavorable comments in the meeting minutes and we are still awaiting release of minutes back to the May meeting. Also, board meetings are only held bi-monthly, so the next occurs in November. I view this CMA violation as egregious and cannot see how it can be exposed in a timely manner without distributing a flyer.I would like to send you a copy of the proposed flyer, along with a copy of our CC&Rs so you can verify the provisions I referenced therein. In general, I would like to know; 1) the legality of my proposed action, 2) the possible legal consequences, and 3) the appropriateness of the flyer content? I have kept the information factual and, I believe, provided reasonable commentary without personal invective.Please let me know if you can accommodate my request, and the approximate cost. Thanks very much for your help.Regards,Mark CusanoEmail:***@******.***

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
Our current board president is developing the common

Our current board president is developing the common maintenance area (CMA) behind his home with permission from the ARC, which is controlled by the board VP. Our CC&Rs do not permit the ARC control over the CMA, nor do they permit homeowners to modify the CMA in any way for personal benefit. The CMA is required to be managed by the association. This information is only available because I saw the ongoing CMA development at the board president's home during the last regular meeting. If I had not attended, only the adjacent neighbors would know and one of them is also a board member. The other is upset but thinks he can go ahead and develop his own CMA when convenient. Am I permitted to send out a flyer to the community with this information or is there some sort of legal constraint that would prevent that?

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J. Warren

Attorney

Doctoral Degree

4,152 satisfied customers
Do HOA covenants superseded county laws? The county wouldn't

Do HOA covenants superseded county laws? The county wouldn't give us an occupancy permit u till we put a fence around our back yard because of a covenant in the HOA . We didn't put up a pool cage in our new home because of trends now and the design of the home and the neighbors are swirling in controversy over it. It's an older neighborhood that need the covenants updated from 1975. We are on the inter coastal waterway and our entire home is open to the outside down by the pool and we had no choice. We got the permission from both neighbors, the ARC approved it and the Board President wrote a letter approving it, as well the president of the arc washed his hands of it and said to refer to the manager of the association, who by the way, is an employee.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
Can a property management company tell an HOA Board that

Can a property management company tell an HOA Board that they can infact use the FL. Statues 720 and bypass the governing documents and send owners with violations to an attorney for mediation without an Appeal process which is stated in the governing documents

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legalgems

Juris Doctorate

13,838 satisfied customers
I live in NC. Our ARC guidelines state you have to go to a

I live in NC. Our ARC guidelines state you have to go to a certain store for mailboxes, gold bands, numbers, and the posts. The store has on file the guidelines the developer established and have been in effect for 10 years. We have received a letter in the mail changing these ARC guidelines but the official ARC document has not been updated and mailed to our community. Can the HOA enforce the new rules on mail boxes, etc without updating their ARC guidelines?

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KimberlyLaw

Principal Attorney

Master's Degree

4,008 satisfied customers
I want to put up a 6 foot Privacy Fence in my back yard.

I want to put up a 6 foot Privacy Fence in my back yard. There is nothing in the CC&Rs stating against it. The rule on fence in summary states it can't interfere with HOA landscaping and irrigation and that it must be approved by the ARC. The ARC denied my request for the fence and said to keep with harmony of the neighbor hood I am only allowed to put in a 4 foot chain link fence.There is one home with a 6ft privacy fence, which the HOA says has been here since before the HOA board was formed, so it is grand fathered in. There is a 6 ft chainlink fence which the HOA said they didn't know about till now. There is a 4 ft picket fence which the HOA says they did not approve, but is still only 4 ft. There are hedge fence that are 4-5 tall.I brought this all to them they said they have only allowed 4 ft chainlink fence since 1995 and the want the neighborhood to remain open. A 6ft privacy fence is not in harmony with the neighbor hood aesthetics.I live in Osceola County, Saint Cloud, FL. The HOA is Palamar Oaks Village III.Do I have a case of selective enforcement here or any other violation on part of the HOA?

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Attorney 1

Managing Attorney

3,420 satisfied customers
I have recently requested 3times to get a fence.There are

I have recently requested 3times to get a fence.There are several in our community,but I feel that We are being discriminated onI have requested several times to give us the 6 reasons that we are declined,so far nothing.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,202 satisfied customers
A unit owner is seeking ARC approval of additional windows

A unit owner is seeking ARC approval for installation of additional windows in an end unit with a coquina wall that we consider common property. Is the legal under FL Condo law?

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Ray

Lawyer

Doctoral Degree

35,860 satisfied customers
On March 5, 2016, a snowplow, while plowing the alley, ran

On March 5, 2016, a snowplow, while plowing the alley, ran into my town home and broke off the vent pipes. I notified the HOA manager. He informed me that the grounds crew was responsible to get it fixed. (That grounds crew is hired and paid by the HOA) It is now April 13, and all that has happened is that they glued on some pvc pipe. They (1) did not use pipe that matches all the other town homes, and (2) with the type of pipe they used, the rodent/debris screen cannot be installed properly. (All the town homes have 2 vents, each having a rodent/debris screen installed) In addition, (3) the pipes were not painted.I have repeated emailed the Manager, and either been ignored, or his responses are things like "we're waiting for the paint codes" (meaning a color code? I'm not sure)...and I've emailed the question, and stated that Home Depot could match the paint, but I've gotten no answer.I've also emailed him and stated if he would agree in writing to reimburse me, I would hire someone to do this job correctly and get it done. No response. I have email records of all our interactions.Now, I do realize that this is a VERY small matter, and could be fixed by myself for under $100, and in a day. But.....it's the principle of the thing. This manager insisted that I put in an ARC request to replace a mere 10 sq ft of mulch in my backyard...so he's a jerk. And no matter how you look at it.....it's there responsibility to make me whole here... not mine. This manager also went out of his way to change the rules so he could start fining homeowners after 20 days, instead of the 40 that the original HOA rules gave us...and yet, it's been well over 20 days, and he's done nothing about this problem.I informed him, to prevent debris, birds and rodents from entering my vent pipes and nesting in my furnace, I was putting up a temporary screen on the vents, and I did so, with some clamps and plastic 1/4 inch mesh. He never responded to that notice either. I didn't want a bigger problem that I would have to deal with because of this.Anyway, what are my options here? Can I fix it myself, and then go to small claims, or is there a breach of contract approach?Thanks for your response in advance.

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Ely

Counselor at Law

Juris Doctor

64,508 satisfied customers
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