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Questions about Housing Association Laws

What is a homeowners association?

A homeowners association is a corporation of real estate developer for marketing, managing and selling homes, lots and residential subdivisions such as apartments, or condos. There are many responsibilities when becoming a homeowner association, and many questions my pop up, and some misunderstandings. Don’t keep going without knowledge, read below where five commonly asked questions have been answered by Experts on JustAnswer.

What can a condo association do in order to collect past due payments?

In order to collect past due payments the condo association can hire an attorney to sue the owner for the past due fees. They can state by sending collection letters to try and collect the fees; they can also have the attorney do this as well. If the owner fails to respond or pay the fees they can hire a collection agency to hire an attorney to sue them. Some attorneys act as if they are collectors in order to try and collect the past due amount, and when they cannot collect the amount then they will file for a lawsuit.

In New York what is the difference between homeowners association and a condo?

A condo is a unit that a larger building normally for multi-tenant building. A townhouse is a separate structure but shared by the same walls. A townhouse normally owns the land or has a specific property. A condo owner doesn’t own the land.

Can someone sue a condo association if they have not met our needs?

In most situations the tenant can sue the condo association for not meeting specific living needs. If the tenant has asked multiple times for things to be fixed to make the condo livable, and the condo owner fails to comply then the tenant may have a lawsuit.

If the IRS hasn’t made a demand on not filing an 1120H form for homeowners association, should they go ahead and file?

Filing an 1120H is a provision to take advantage of the homeowners’ tax breaks. If someone has failed to file by the due date then the HOA must file a tax return. Filing the returns at this time will have no effect on them.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5379
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4460311
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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
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Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
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Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Association Questions

  • Hi…I am the president of a small condominium complex in Lake

    Hi…I am the president of a small condominium complex in Lake Havasu City, Arizona.
    I had a complaint from an owner, regarding excessive noise from the condo above them.
    The complaint from the lower unit was originally that the music from the upper unit was on too loud and it was late at night (around 11-Midnight). They tried knocking on the door of the upper unit but no one answered.
    I spoke to the person in the unit above and she admitted that she fell asleep with the TV on and the TV was on and too loud. She also said that she spoke to the person in the lower unit and apologized for the loud noise.
    Within a few days I got another complaint from the same people in the lower unit for the same problem and again the person in the upper unit apologized for falling asleep with the TV on late at night.
    I subsequently received another complaint from the same people in the lower unit that the occupants in the upper unit were purposefully walking on the part of the floor that squeaked.
    I spoke to the person in the upper unit and she indicated that she was not doing this intentionally and that she was making the effort to be quiet and asked for recommendations on what she could do to reduce the noise.
    I live in Las Vegas and don’t know either occupant very well, but the person in the upper unit has lived in that unit for a number of years without anyone complaining about excessive noise.
    The people in the lower unit just moved-in to their unit and now suddenly there is a noise problem.
    What options are available to those in the lower unit complaining of excessive noise and what are the rights of both the lower and upper units with regard to this issue?
    Thanks!
    Don
  • A condo corporation has forced a foreclosure of a condo unit

    A condo corporation has forced a foreclosure of a condo unit due to non payment of maintenance fees. There is a large mortgage owed on this home but they are not listed on the foreclosure documentation, only in the title search. If the original borrower of the funds fails to pay the mortgage after the auction, can the mortgage company seek funds from the new owner of the condo?
  • My HOA in Florida assessed a penalty against me for $1600.00.

    My HOA in Florida assessed a penalty against me for $1600.00. They said it was to cover fees for legal matters about a rental property in witch I own. They subpoena my Tenant and not me as the owner. I found this out after the fact. It was over dogs. I would have went to court as the owner to have them prove the case. This happened August of 2013. The tenant moved out in Dec 2013. I have asked the HOA for documents related to this matter. I was refused. I believe they asked the judge for legal fees and I believe the judge probably ruled against charging me because they didn't subpoena me.
    What does the law say about releasing supporting documentation?
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