Our HOA Board informed us of" Board standards" enforcing a
Our HOA Board informed us of " Board standards" enforcing a demand to remove 3 pots from our front yard. There is NO SUCH CLAUSE or any such "standards" in the CCRs about pots, size, style, quantity or placement? (We are fully cognizant of the CCRs & are 100% confident of the aforementioned statement). We previously had 7 large terra cotta pots at one time in the front yard (never a Board comment on these!) & replaced them recently with 3 travertine pots, 2 of these which are smaller!! The Board's argument is that the previous pots were placed against the house wall. But only 3 were. We also have large boulders in the front yard which the Board does not object to and believe that the Board just does not like the style of these pots & surely is just being heavy handed. We have a letter from the Board warning us of financial penalties if we do not remove all 3 pots. Deadline to remove pots is January 20th. Mediation is our next step if we choose to do so but because of expenses prefer to tackle this on our own. Can the Board enforce arbitrary "standards" not addressed in the CCRs & just at their discretion? What is your opinion about such arbitrary "standards"; and do you have a course of action other than mediationJA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: CaliforniaJA: Has any paperwork been filed?Customer: with whoJA: Anything else you want the lawyer to know before I connect you?Customer: We had communications with the Board & we do not agree
Property Ownership in an HOA I live in a Homeowner
Property Ownership in an HOAI live in a Homeowner Association in Pennsylvania. The community is comprised of 200 homes arranged in rows of townhouses (picture row homes), The deeds of the homes and the Declaration clearly define that the homeowners own their homes, inside, outside, the roof, and the ground below. The deeds meets and bounds define the land owned as the land directly below the building, front entrance stairs, and deck on the back. The remainder of the land is owned by the non-profit HOA corporation.In 2003, the Board at the time amended the declaration for the Association to assume responsibility of the maintaining the outside of the buildings as a common expense.The Declaration states:ASSOCIATION MAINTENANCE OF EXTERIORS OF UNITSThe Association must replace, at such times and in such sequence and manner as may be determined by the Board, only the following portions of the exteriors of the Unitsa. Roofs, andb. Siding, andc. Gutters, andd. Down spouts, ande. Provide such other services as the Association, by vote of sixty-seven (67%) percent of the Owners, may be authorized to perform, subject to the Association's power and duty to recover all charges, costs, fees and expenses incurred in accordance with the applicable provisions of this Declaration, andf. All costs, fees and expenses incurred by the Association to replace the portions of the exteriors of the Units identified in this Section 1 must be treated as Common Expenses, and shall be levied and assessed as may be determined by the Board in accordance with the provisions of this Declaration, andg. The Association is not required to obtain architectural approval, nor any approval from any Owner, before the Association performs any work under this Section 3Here's the question: The local township requires building permits to be signed by the owners' of buildings before undertaking such items as roof replacement. The Board's position is that they can sign off on the repairs even though they don't own the properties, they only have been tasked with the repair and maintenance.My question as the owner of one of the homes is that I never gave the board permission to act in my stead to sign off on building permits. For example, I never signed off on the amended declaration. Can 66% of my neighbors assign to act as my power of attorney against property that I own?
Florida HOA Our Board Attorney has reportedly told the
Florida HOA Our Board Attorney has reportedly told the Property Manager that our Architectural Committee should all be fired for a decision on an owner property modification he claims violated our covenants. He did not render that opinion until after the committee rendered that opinion, when the property manager told him. He did not render that opinion in writing, and did not render that opinion to the board. He told the property manager instead. She then informed the committee members personally of his accusations and demands for their removal. Also, the board did not overrule the committee's decision, as it could have. Instead, the committee members are being told they violated the rules. He also told the property manager the committee's decision would have to stand. She is now telling committee members of his condemnation of their action. I am one of those committee members. I am not happy with his conduct and what it does to my reputation and my committee. I think it is rude and stepping over the line for him. Your take? Do we have to tolerate this behavior?
I am in the process of purchasing a new home. The Real
I am in the process of purchasing a new home. The Real estate company says that the Architectural Review Committee requires an irrigation system with timer to be installed in the front and side yards of all of their homes at a cost of $6,000. There is nothing in the Recorded Protective Covenants that mentions anything about this. The System has not been installed yet. Am I obligated to pay for it?
We own an upscale town home to include 2ft around the
We own an upscale town home to include 2ft around the outside perimeter. We share common area with two others. One of these built a patio and retaining wall that encroaches the common area PLUS does not fit with the rest of the architecture of all of the town homes. They received approval for the plan from a committee of one (the builder). The hoa board member we spoke to wasn't of such approval. Did the builder and owner have the right to build a patio and retaining wall in the common area?JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: KansasJA: Has any paperwork been filed?Customer: What kind?JA: Anything else you want the lawyer to know before I connect you?Customer: Please connect
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.
My home is I.e. Condo that was built with approximately 70%
My home is I.e. Condo that was built with approximately 70% stone on the exterior. I hired a license contractor to install "matching" stone in the interior of the patio. After completion the HOA requested a architectural form be completed and was submitted. The HOA then rejected the application without any legitimate reason. It should be noted that this installment of the stone cannot be distinguished between what the builder installed. It should be noted that another condo in the immediate community installed non-matching stone in the same area and was approved by the HOA. Is there any recourse I can take.
Under Stirling can an owner change his property, enlarge it
Under Davis Stirling can an owner change his property , enlarge it or modify it or repair it without the permission of the board. We have only nine units and people are using anyone they can fine, work is being done without anyone's approval and the board has no name of the person doing the work or a license or anything. We just see work being done on the exterior. We are new to Davis Stirling and need some help. Sandra Constable