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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

Attorney

J.D.

2,704 satisfied customers
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

Attorney at Law

Juris Doctor

32,312 satisfied customers
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

36,178 satisfied customers
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

Attorney

Doctoral Degree

35,100 satisfied customers
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

Attorney

Doctoral Degree

2,716 satisfied customers
My neighbor's porch began caving in during the snow storm in

My neighbor's porch began caving in during the snow storm in January 2016. The City condemned his porch and removed it June 10, 2016. In removing his porch, it made my porch unstable and thus had to be removed also. I live in a neighborhood with an association and covenant that oversees any changes to the exterior of your property. I asked them for the drawings and specs for the reconstruction of my porch. ( my neighbor's property is now in foreclosure and I am stuck with this problem). I was informed by the Covenant Chair to have my homeowners insurance send an architect or contractor to my home to provide drawings of the porch and send them to the covenant for review. I am required to maintain the exterior of my property according to the deed and architectural guidelines of the Covenant. Shouldn't they be responsible for providing me with the drawings and specs for the porch. Instead I was told that when the deed and architectural guidelines were done for this neighborhood association they did not include the porches. I then instructed to make my porch look like a neighbor's porch 7 houses down the street. So I asked if they just constructed a new porch, they should have provided them with drawings and specs in order to pull permits. The only thing in writing is (A covered porch, no part of which is more than fifteen (15) feet above thelevel of the first floor of the building, may encroach on any such restricted area by projecting thereon to the extent of one-half the depth of the porch, but in no case shall said encroachment exceed six (6) feet.)Am I responsible for producing drawings and specs for the rebuild of my porch or is it the responsibility of the Neighborhood Association and the Covenant?

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Phillips Esq.

Attorney

Juris Doctor

17,858 satisfied customers
I have a rental property in California. My neighbor wants to

Hi,I have a rental property in California. My neighbor wants to replace a shared fence and wants me to share the cost. I disagreed. Now Neighbor threatens to take it down without my permission. I am trying to stop it. And reported to the local police, however, who said was a civil case and would not step in.I disagreed with cost sharing, because they did poor maintenance on their side of fence, while my side is in good shape. I feel unfair to split. In addition, replacement will have a mis-match with my other fences.Thanks for your help!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,180 satisfied customers
I need some legal counsel form a knowledgeable and

I need some legal counsel form a knowledgeable and experienced HOA attorney.Issues (summary): Tom and/or Abby HouseOn or about 7/25/2000, were provided a signed statement from Conrad Nebeker attesting that the Selmar HOA and Declaration of Restrictions dated June 11, 1979 were no longer in effect at the time Lot 6 was purchased from Conrad Nebeker by Abby Dunn (now House).On or about 12/1/ 2014 became aware (through a Title Search) that on September 23, 2002, Wayne Bennett (Incorporator) and Dean Sorensen (Registered Agent) created and then filed with Bear Lake County (without written and notarized authorization by Lot 6 owner(s)), Indian Creek HOA and included Lot 6.Tom and Abby wish to correct this error or mistake by the HOA in the County Recorders Office and the HOA is slow and reluctant to act.JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: Bear Lake County, IdahoJA: Has any paperwork been filed in court? And what is your ideal outcome for the situation?Customer: No legal papers have been filed. The ideal outcome is for an attorney to write a letter-head correspondence to the HOA requesting they correct the mistake in naming our property in the HOA's filing with the county...and then the HOA takes timely action to correct that error, without retaliation.JA: Anything else you want the lawyer to know before I connect you?Customer: Originally our property's water and sewer were provided by the developer who formed a now defunct HOA. The developers's family took over maintenance of the water and sewer system, charging the homeowners $100 per year for the water, plus any maintenance costs for either the water or sewer system. Wanting to get out of that, the developer's family turned maintenance of both systems over to the newly formed Indian Creek HOA, which had no CC&Rs and no documents from any homeowner agreeing to join the HOA. In 2012 the HOA pushed for CC&Rs and could not get agreement and still had no documents from home owners agreeing to membership in the HOA and adherance to CC&Rs etc. That when I and my wife became aswer that the HOA already filed HOA formation papers with the county recorder's office naming all lots and homeowners as members of the HOA. Last fall the HOA had a meeting in which we declared our position of NOT wishing to be part of the HOA but remaining "friends" of the HOA. The result were meeting minutes in which the HOA stated that we were exempt from the HOA CC&Rs but nothing has been corrected with the papers filed in the recorder's office. Those recorded papers still name our lot as part of the HOA, etc.

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CalAttorney2

Attorney

Doctoral Degree

19,342 satisfied customers
My question deals with “setting a precedent” within the HOA

My question deals with “setting a precedent” within the HOA community. Our Architectural Control Committee (ACC) uses a set of standard that reads in part “application may be made an application to the ACC for an additional 2'added to one side of the patio”. The current ACC chairs read this statement literarily without exception. A previous ACC chairperson used a set of guidelines within the standard that allowed a 2' addition on 3 sides of the existing patio. Now a community member submitted has submitted an application requesting an extension to his patio of 2' on 3 sides of the existing patio sighting the previously guidelines as the basis of his request. The ACC rejected the request citing the 2' on one side rule. ACC says that just because previous owners have be allow to use the 2' guideline on 3 sides doesn't mean we are “setting a precedent”. The applicant argues that once you have allow the first of anything, assuming the circumstances are the same you have set a precedent and can not reject his application. Who is correct? It should be noted that at least 23 community residents have used the 2' guideline on 3 sides of the patio with the latest occurring in 2013/2014. The 23 residents represent about 6% of the total homes in the community.

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Maverick

Doctoral Degree

6,298 satisfied customers
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