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Recent real estate law questions
My mother and I are both disabled-we live in a condominium
my mother and I are both disabled-we live in a condominium community-was a handicapped parking space in front of my building with a concrete ramp I was using-they sent out letters to all the residents saying they were going to repave the roads 1day before they repaved about 3 weeks ago the maintence guy was taking out they handicapped sign he said it was being replaced with a new one-well the the sign never got replaced after they tore the ramp down-no the parking space is just blank for anyone to use-I cant take mom out for strolls-because she is in wheel chair cant take mom to doctor appointments the other buildings in the communities have handicapped parking signs-have talked with the condo association there giving me the run around-talked to condo management agency they said they were unaware -I need help
Seems like it used to be in Florida deed restricted
Seems like it used to be in Florida deed restricted communities (Chapter 720) that boards were not allowed to adopt rules the conflict with covenants. Beechwood Villas, Hidden Harbour, Bay Pointe. "It is elementary that a board cannot adopt a rule modifying the provisions of the declaration or bylaws, without at the same adopting an amendment to those documents. Gordon v Palm Aire. Beechwood "...provided that a board-enacted rule does not contravene either an express provision of the declaration of a right reasonably inferable thereform, it will be found valid.." My board has put new rules in the Rules and Regulations that they have not put in the covenants. They claim the new rules "clarify" the existing covenant rule. That sounds like a smoke screen for running wild with new rules. Are courts now allowing association boards to run wild with rules, without doing anything to the covenants? Did I miss something?
My condominium association has issued a special assessment
My condominium association has issued a special assessment for each and every unit - $6000/ unit for 24 units- to pay for the replacement of dry rotted wood on the exterior (as well as for painting the wood after it's replaced). The condominium complex was built in 1985 and is located very near the shore in Virginia Beach. My unit currently is for sale and a local realtor indicated she thought that replacement of wood on the exterior should have been done yearly as part of the regular maintenance that our monthly condominium dues go toward (whereas vinyl siding for example would be an upgrade/improvement that should necessitate special assessment). She brought up the question as to where the condominium's financial reserves are going/ have gone. Unfortunately as an owner I have not been as involved as I should have been the last 10 years as I haven't lived in the complex. Is there a way for me to look into this? Where would I start? Or is it just too late (since the assessment was voted on and approved)....and any damage as far as mismanagement & misappropriation has been done w/ no hope of recovery? (I do have the condo docs but haven't looked for any specific provisions yet).I have included a photo of the exterior of one of the buildings - the lighter colored wood is wood that has been replaced (but not yet painted). The work was begun over a year ago and was not completed by the first contractor - he had a heart attack and was unable to complete the job (and I also don't know if he was paid ahead of time or not!).
Our CA was asked by our HOA to issue letters, fines if we did
Our CA was asked by our HOA to issue letters, fines if we did not remove our mobile basketball hoops. The only amenity is a pool that has not been usable for 2 yrs. The kids have nothing to do. Is there a way we can stop the letters unroll we put together a quorum to remove that particular rule?
I recently purchase a townhome in Atlanta Ga. Prior to finalizingView more real estate law questions
I recently purchase a townhome in Atlanta Ga. Prior to finalizing my offer to purchase I was presented with DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR AXIS TOWNHOMES ( THE NAME OF THE HOA).After I closed on the property (approx. 4-6 weeks) I was made aware of the existence of another document RECIPROCAL EASEMENT AND COST SHARING AGREEMENT (hereinafter referred to as the "Agreement"). This reciprocal easement and cost sharing agreement is made and entered into on the 24th day of July by AXIS CONDOMINIUJM ASSOCIATION,, INC., a Georgia nonprofit corporation (hereinafter referred to as the "Axis Condominium Association" AXIS TOWNHOME ASSOCIATION, INC., a Georgia nonprofit corporation (hereinafter referred to as the "Axis Townhome Association") and DEKALB FUILDING PARTNERS, LLC, a Georgia limited liability company (hereinafter referred to as "DeKlab Building Partners")...By law shouldn't I have been made aware of this agreement and given the opportunity to rescind my Offer to Purchase.