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Recent Architectural questions

Several of us want to install solar panels on our

Several of us want to install solar panels on our condominium roofs, and the solar company tells us that if we sign to accept maintenance and repair responsibility in return for private use of the common property it should be sufficient. Also, our CC&R's already allow that agreement for the installation of satellite dishes on common walls, so I believe that is a defining precedent. But our HOA attorney insists that the HOA actually transfer ownership of the roof, which requires 2/3 vote by the homeowners in each and every case. We can't get that many to open their mail. Do you think it is possible to convince the attorneys that transfer of ownership is not necessary and that a one-time passage of a clause like we have now for the satellite dishes can apply to any homeowners who apply to the architectural committee and sign an acceptance of responsibility agreement?

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Ely

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Final question! Our neighborhood is using the appointed ACC

Final question! Our neighborhood is using the appointed ACC committee to review complaints against the CCRs. Is this the proper function of the ACC? The original CCRs seem to imply that the committee, nominated for 5 years, was to help new buildings comply as they are built. At the moment, the ACC is determining things such as if buildings may or may not be placed in the common area, if RVs may be parked on the property, etc.

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Barrister

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I live in a new development in Ohio with an HOA. The

I live in a new development in Ohio with an HOA. The development is about three years old. A board was formed about a year ago and has taken over duties from the developer. Before the board took over several houses have put up sheds or playground sets which are not allowed according to our bylaws. Six playground sets, four sheds out of 45-50 houses in the neighborhood. The board decided to "grandfather" in those sheds and playgrounds instead of having them removed. Our bylaws say nothing about grandfathering, in fact they state the board can only in force the rules. Is this acceptable behavior by the board? Does grandfathering have to be written in our bylaws to use?

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Samuel-II

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We live in a HOA ruled subdivision in Florida. We have

We live in a HOA ruled subdivision in Florida. We have parked our Motor Home in the back of our driveway for a few years and added a fence/gate as stated in the Bylaws. Now a neighbor has complained that we need to move it and the BOD has issued us a notice that we must move the Motor Home by the end of July 2016. Can the BOD of the HOA suddenly change the rulings, since no one has complained before this time? Two member on the BOD had told us, (not in writing) that we are fine with parking our Motor Home here. Thank you.

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William B. Esq.

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Homeowner association. Florida Chapter 720. I believe the

Homeowner association. Florida Chapter 720. I believe the law requires a board to meet as a board. There is no action without a meeting, or gathering of a consensus by phone, is there? Also, condo boards are allowed to use videoconferencing. To my knowledge, HOA boards are not allowed to videoconference. Correct?

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Law Educator, Esq.

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We attached "Carriage House" Hardware on our garage door to

We attached "Carriage House" Hardware on our garage door to update the look. We received a letter that they had to be removed. Our bylaws state that all garage doors, driveways and roofs must be uniform. There are all kinds of garage doors in the subdivision. Some have windows, some do not. Some have 24 blocks and some do not. All are painted white or tan. This added hardware was beautiful, however some board members did not like the look. The vote was three against and two for. Can they be subjective on these decisions? I feel like they are infringing upon my wrights as a homeowner to update and keep my home from being outdated. Help!

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Gerald-Esquire

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I currently live next door to a property that is being

Hello,I currently live next door to a property that is being flipped. Upon decon, they found that their property and my property are on the same foundation. They are proposing to split the foundations and I fear that this could compromise my foundation and my 1960s house. I assume the properties share a foundation for some sort of safety reason, but am not a contractor or engineer so don't have structural knowledge of this project. I am looking for a lawyer to help me draw up a contract that states that this builder will accept liability for any foundational problems that occur to my property during this project as well as after this project is complete. With my luck, they would complete this project and my house would slide down the hill. I'm not really sure what kind of lawyer I need or who I should be contacting. Can you please help?

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LawTalk

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Does the "fair housing act" protect property owners who wish

Does the "fair housing act" protect property owners who wish to build a house that is smaller than the other houses in the subdivision?

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J. Warren

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I would like to wait until Barrister can answer this

I would like to wait until Barrister can answer this question. Thank you.Our HOA President says there is not really a HOA board because we have no bylaws that anyone can find, and the board is not listed in the CC and Rs. But he is the president, appointed an Architectural Control Committee (which is listed in the CCRs), asked for a treasurer, etc. He recorded ancovenant amendment which was voted on by the homeowners, and the treasurer collects and spends funds, etc. Isn't that functioning as a Board? I think the idea is that they say they don't have the ability, then, to enforce the covenants.

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Barrister

Attorney/Landlord/Realtor

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