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Florida I live in an HOA chapter 720. I am on a

Florida I live in an HOA chapter 720. I am on a architectural committee that reviews site plan requests to modify owner property. Our property manager has emailed the committee that he has given an owner information about our committee action on his site plan that contradicts the action we did take. I say that is falsifying records in doing so. If so, who do I notify?

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P. Simmons

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I am in an HOA with 6 other homes and I have the concurrence

I am in an HOA with 6 other homes and I have the concurrence of the 6 homeowners to build a barrier wall between my home and the road in an area that the declarant approved when the home was built as a wall easement area. I have made two proposals and he will only tell me they are aesthetically inappropriate but they match the existing entry walls that are in place. We have 7 votes and he has 21 by virtue of an attached undeveloped but platted area for homes that he is trying to sell to a developer. I think he is being arbitrary and capricious and ultimately is trying to protect his interest in this other development. Do you have any ideas on what I might do?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: I am sorry I am in Marana ArizonaJA: Has any paperwork been filed?Customer: I have submitted two proposals to him as he is the architectural committee - just him.JA: Anything else you want the lawyer to know before I connect you?Customer: I do not think so

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Law Educator, Esq.

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In an HOA in Florida. I am on an architectural committee in

In an HOA in Florida. I am on an architectural committee in my HOA. I have board members sitting at our committee table and without permission, putting in their comments every few minutes. Do I have any rights as a committee member to stop this?

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Loren

Juris Doctor

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Florida. Deed restricted community An owner in a deed

Florida. Deed restricted community An owner in a deed restricted paints over a sidewalk owned by the county. The owner was told by the HOA not to do that. The owner also did not get county permission. Now the county attorney is telling me this is not really her concern since the county codes do not talk specifically about getting county permission to paint. The code does make the county street unit responsible for construction and maintenance of the sidewalks. She insists this is really just a private matter with the HOA and the county has nothing to do with it. Am I supposed to accept that? I don' t care except my HOA covenants do not give us permission to regulate county property by allowing them to be altered, including painting.

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LawTalk

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Florida HOA. HOA board meets with board attorney in closed

Florida HOA. HOA board meets with board attorney in closed session last Friday supposedly over either litigation or personnel. The property manager then tells the architectural committee that the meeting was about an owner who painted over a sidewalk without HOA permission or approval from the county. manager tells the committee that the attorney says it s ok to paint the county sidewalk, but from then on the owner has to maintain it, or be fined by the board. I don't see how the board can justify such a meeting under proposed or pending litigation, unless there was talk of a lawsuit. Second, from this closed meeting with the attorney there is only the manager's word that the attorney agreed what the owner is allowed to do. I don't see that the property manager has the authority to tell anyone what happened based solely on his word from a close meeting. Your opinion? i am on the committee, and this secrecy and property manager telling me what the board and attorney demand that we do.

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Asad Rahman

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J.D.

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We live in Settler's Village townhome community in Highlands

Hi. My name is***** and we live in Settler's Village townhome community in Highlands Ranch, Colorado.Approximately 10 years ago we were given verbal approval by the then president of the HOA board to plant some flowers in the common area along a rock wall on the south side of our unit. An overzealous landscape employee killed a 2 to 2.5 foot wide swath of sod along the base of the wall with Roundup and we were tired of looking at dead grass, dirt and mud in this narrow area and wanted to do something to make it better.Taking the verbal approval in good faith, we planted some flowers at our own expense. My wife has a very green thumb and before long, we had a very nice flower garden that brought praise from many of the homeowners in our community. She become known as "the flower lady".There has been no objection to the flower garden for the 10 or so years we have maintained and improved the garden.Recently we and other homeowners have had numerous problems with the HOA board and particularly with the current president. There have been large contracts awarded without bids, disputes with several homeowner problems and issues.At the last board meeting on August 16, I had a heated verbal dispute when the president accused me and my wife of calling contractors directly with problems. We have never contacted a contractor directly, and always go through the management company as required. I have been on the board and have been president in the recent past and we know the process for requesting fixing of problems. Even after I assured the president not only have we not called directly, but we do not even have the phone number of the person we were accused of calling. Her response was "yes you do" (Essentially calling me a liar)! All this in front of the homeowners attending the meeting.Now to the problem.The next day the management company sent an ACC Violation notice dated August 17, 2016, received by us on August 20, regarding the garden in the common area and ordering us to remove the garden and replace it with sod - remember, there was no sod in this area at the time thanks to the roundup.First, after 1 years or so, can they still make us remove the garden? isn't there a grandfather clause after so many years?Further, we have taken pictures and documented numerous ACC violations throughout the community that have gone unenforced for many years, including a large flower garden on the side of the president's unit and some flowers and external decorations on the front of a member of the Architectural Review Committee's unit. All clearly violations.It is clear to us that we are being singled out for inconsistent and vindictive enforcement of the Rules and Regulations of the HOA. We do not think this is coincidence!When I was president of the board, we would walk the community twice per month with some of the board, the property manager and contractors looking for conformance to the R&R and landscape problems. I remember on a couple occasions when violations would be discovered, the property manager said that if the violation has gone unnoticed or unenforced for a year of more, there was nothing the board committee could do about it. is this correct? and if so, can you advise the statutes that support this? (CIOAA)Sorry about this lengthy question(s), but can you help?Thanks,Jim

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LawTalk

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Juris Doctor

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Our condo in Chicago Il needs to bring the windows in the

Our condo in Chicago Il needs to bring the windows in the rear (i.e. not publically visible) of the building up to fire code. They are dictating one style of window but we have a picture window on the 16th floor and the window required by the board will ruin our view. We can get a picture window that meets fire code.What can I do to maintain my picture window?

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Loren

Juris Doctor

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We have a covenant in a new subdivision. it states that we

We have a covenant in a new subdivision. it states that we need architectural committee approval (our builder) and that we need to match our roofing, roof pitch, siding and proper foundation. We asked our builder what we needed to do to build a shed and this is what she stated. After we built it she is trying to make us install cast stone on about a third of the shed. Our house has less than 10% stone (which I am not sure is even considered siding). She said the shed does not look good. In the covenant it does not mention matching masonry. It states that the shed have a design that generally matches the house. We believed that when she told us what to do that was approval. She says that she never actually said it was approved. Help!

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P. Simmons

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Simple question about Architectural Committee's

Simple question about Architectural Committee's "signatures"?Our POA documents say "All variances must be evidence by a written instrument, in recordable form, and must be signed by a majority of the voting members of the Architectural Control Committee."Does the phrase "signed by" mean that the ACC members voted for approval? The only other interpretation I could think of was that the ACC signatures meant they had "seen" the Variance Request without regard to their yea (approval) or nay vote on the merits of the Variance request.

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Damien Bosco

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