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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

36,622 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

19,436 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

110,784 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

4,222 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

110,784 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

15,006 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

4,016 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

3,430 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

49,090 satisfied customers
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