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Recent ARC questions

I live in a large HOA in Northern California. Two years ago,

I live in a large HOA in Northern California. Two years ago, I repainted the exterior of my home. The HOA has an approved palette of colors and an ARC process to paint. I made the decision to paint the exterior of my home without ARC approval as other homes on my street were painted with similar colors and the only form of enforcement would be that I MAY be forced to paint if someone filed a complaint. Given the fact that I know all of my neighbors and one of them has the exact same paint colors, I decided to not go through the ARC. Fast forward two years (with no complaint) and I am now selling my home. As of Jan 2017, the HOA passed a resolution that a certificate of compliance would now need to be issued prior to the sale of my home. So..you know the deal, my paint is not compliant to the tune of $4K to re paint. Had I known that I could not sell my home without ARC approval, I would not have taken the risk, but now there is this new resolution. There is no Grandfather clause. Is this legal?

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Asad Rahman

Attorney

J.D.

4,738 satisfied customers
My HOA and ARC are telling me to take down a shed in my back

My HOA and ARC are telling me to take down a shed in my back yard because of one complaint by a neighbor and that the "appearance of the shed and the materials are not in keeping with the aesthetics of the community". I find this "reason" unacceptable. Other neighbors have sheds. I used normal materials to build it and it's hidden from view by trees and shrubs. I feel discriminated against and feel this is a violation of my rights.

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RealEstateAnswer

Juris Doctor

36,998 satisfied customers
I have some questions regarding Emotional Service Animals,

I have some questions regarding Emotional Service AnimalsJA: Where is the property located?Customer: in Colorado SpringsJA: Has any paperwork been filed?Customer: I am in the process of purchasing a townhome that has an HOA. The HOA has a pet weight limit of 35 lbs. I have a 48lb, Emotional Service Animal. I submitted a letter from my DR to the HOA for my ESA about 4 weeks ago.JA: Anything else you want the lawyer to know before I connect you?Customer: The HOA has not given me an answer and has said that I must give them my exact diagnosis so that they can determine whether or not the disability requires the accomodation

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legalgems

Juris Doctorate

19,074 satisfied customers
I live in a beautifully maintained condo community for 55+.

Hi, I live in a beautifully maintained condo community for 55+. When the neighbor above me moved in, the condo board had no requirements for laying wood floors. The owner did not use a licensed contractor and just did it his way. Needless to say, we hear every move they make...but this is not our complaint...about eight weeks ago, the wife decided to continue her power walking exercise program in her condo above our heads about 3-4 times daily causing our lights and TVs to flicker and turn off and on. Sounds carry through our kitchens and when I shout "stop it", they do only to start up a few hours later.JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: IllinoisJA: Has any paperwork been filed?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: Do we have any rights regarding this situation? I spoke to the board about it knowing they really can't do anything. I checked our by-laws and found no protection from bad behavior between neighbors. We plan to have an electrician repair the damage but have no guarantee that we won't have to do it again and again. Are we faced with a losing battle or is there any law that protects us?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,136 satisfied customers
This is an Homeowners Association Question. Our 5 person

Hello, this is an Homeowners Association Question. Our 5 person Board was asked to vote on a controversial Architectural request submitted by our Board President. The vote was 2 for and 2 against. Can the President vote to break the tie even if it was his submission???JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: Sorry....FloridaJA: Has any paperwork been filed?Customer: He submitted an ARC request to the Committee, after he had already installed the controversial issue. The ARC Committee was unable to approve or disapprove the request, so by process, it went back to the Board for the vote.JA: Anything else you want the lawyer to know before I connect you?Customer: Not at this time....thank you.

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Irwin Law

Juris Doctor JD

9,998 satisfied customers
Our declarations state that four trees, and fourteen 3-gal

Our declarations state that four trees, and fourteen 3-gal plants must be on every lot. However, the president of our HOA sent out an email stating that it was from an atty, but this letter is not on lawyer's letterhead. However in this email he is telling whoever that some lots didn't have the above, but our delarations are written to the City's Ordinances, so how can this atty sho is suppose to have our declarations to answer this, state that the ARC cannot bring these homes into compliance with the declarations?

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P. Simmons

Attorney

Doctoral Degree

38,324 satisfied customers
Can a President of a Board shut the meeting down because

Can a President of a Board shut the meeting down because some board members & residents disagree with him over for instance, how the ARC Committee is supposed to actually do their job, and also keep the Arc files locked in a storage unit, and not allow access unless he is present? At the last meeting he tried to insist that he "Controlled Everything" in the HOA.

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Phillips Esq.

Attorney

Juris Doctor

22,278 satisfied customers
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

118,016 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

4,282 satisfied customers
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