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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

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Recent Association Questions

  • We are trying to build a screen house in our condo development

    We are trying to build a screen house in our condo development of 215 townhouses in Brevard County. We would like to do some things that the Board President says we can't do, i.e. have a small water spigot inside the screen room, we would like to raise the concrete slab more than one inch so there is not a big step down into the screen room. I have a depth perception disability and this might pose a problem. There is more but the main thing is that we are not asking for anything that others in the development have. Does the president have a right to deny us what others have?
  • I live in a condo in Oak Lawn, & am disabled. For over a week

    I live in a condo in Oak Lawn, & am disabled. For over a week now the "association" has had the heat on full blast stating that the repairman put something in the pipes which is causing this heat. They also said that it would be back to normal on Monday, 10/27/2014 - it's still over 80 + degrees in my unit. I also have high blood pressure & this degree of heat is making me ill as well as my pressure going sky high. Can you recommend who I
    should talk to to rid myself oif this problem?
  • Greetings, I am a board member for a HOA in Florida. We

    Greetings,
    I am a board member for a HOA in Florida. We have two pieces of historical artwork in our clubhouse for a least three years. The depictions of the art relate to 1843 guadamalian Earthquake and the second from an island in the West Indies. Pictures are a boat in the middle of the picture with three individuals in the boat appearing to conducttrade, two individuals - darker color just sitting, another individual in the bottom right corner with a beard - appears to be white, next to a cotton bundle. The second picture is very similar. Keep in mind, no act of whipping, no act of exerting any dominance, fairly benign. There is verbiage written n French on both pictures we transcribed to English. It very much appears that the verbiage gives historical accounts of the islands in the 1800's, trade, locations et al.
    A member of our board became an advocate for one household complaint relating the pictures to relate to Slavery and "offensive". Only one word in French "enslaves" out of approx. 500 words of a historical theme. The homeowner recognized the word slave but does not supply context. Our translation of the word enslave describes when silvery occurred in a historical context.
    The board voted to take down the pictures except for me. I felt my first amendment rights were violated. In performing my fiduciary duty to the entire membership, I thought it prudent to inform the board that everyone may have a different opinion regards ***** ***** artwork including myself. What makes your opinion regarding said art carry more weight then mine notwithstanding being an advocate for a ethnic group, hummm?
    A board designed to be loyal to the entire membership? Wow? Do we have a first amendment issue?
    Best,
    Rick
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