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Recent Condominium questions

I have a question regarding our homeowners association. We

I have a question regarding our homeowners association. We are trying to update our covenants and it requires a 2/3 vote of all lot owners (175). Many of the owners live out of state and fail to vote. This prevents us from reaching our 2/3 minimum requirement every time we try to make a change. How can we get past this voting requirement to be able to update our covenants?JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: FloridaJA: Has any paperwork been filed?Customer: Yes, the documents are 30 years old and badly need updatingJA: Anything else you want the solicitor to know before I connect you?Customer: No

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

49,122 satisfied customers
In NC, does a condo owner have to keep their heat on to keep

In NC, does a condo owner have to keep their heat on to keep Association pipes from freezing?JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: NCJA: Has any paperwork been filed?Customer: Not yet. Maybe this week.JA: Anything else you want the lawyer to know before I connect you?Customer: If I do have to keep my heat on, the way they knew it was off, I wasn't there and they said the burst pipe was inside my condo and they needed to get in to repair it. I gave permission, but that was a lie. The water was coming out of the crawl space. When they opened the crawl space door, they could see the leak. It was about 10 feet away, next to the foundation wall with no insulation on it. Also, a board member, had told me previous to this, that the pipes were old and failing. She owns several units. She said she was having to replace her pipes. Also, when the problem was discovered, water was running. How do they know that the water froze?

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Ely

Counselor at Law

Juris Doctor

66,210 satisfied customers
I am on the board of a very small condo complex (16 units)

I am on the board of a very small condo complex (16 units) There are 32 parking spaces and each unit is assigned 2 spots. Recently the property manager discovered that the original development plans showed two handicapped spots that were long ago converted to residents use. He now claims that the spots have to be put back as original. There is not enough room to replace them and each owner is entitled to the lost spaces. I think it may have been allowed to be removed and/or changed over the years. I am not sure that this information is correct. Who would we contact for absolute confirmation on this opinion?

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Irwin Law

Juris Doctor JD

9,166 satisfied customers
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

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P. Simmons

Attorney

Doctoral Degree

36,648 satisfied customers
I am a board member in my condominium complex and we have a

Hello I am a board member in my condominium complex and we have a someone that purchased a 2bd 2bathroom unit and build an additional bathroom. Yes he went through the city and had it done up to code but does he not have to get permission from the board? Is he allowed to tap to our pipes and add another bathroom ?

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P. Simmons

Attorney

Doctoral Degree

36,648 satisfied customers
I'm a member of a Texas Condo Association. There has

I'm a member of a Texas Condo Association. There has recently been some questionable business practices so I started submitting records request. Some members of our board have taken offense to this and have fined me $500 and threatened that if I ask any more questions that I will be forced to send all questions to their attorney and pay the fees.Their accusations are all false and most of them I can proof fairly easily. I don't want to sue my association but at the same time I can't let this harassment continue.One of the few specific examples they gave... In my last request they replied by giving none of the information I asked for and ending with "we now consider this matter closed". I replied back "I received your email. I don't consider this matter closed. I'll reply later this week. Thanks". They are saying that was "threat". When I did reply later that week I renewed a request for mediation, which they refuse to do.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

49,122 satisfied customers
Florida association law. I live in an HOA. State law seems

Florida association law. I live in an HOA. State law seems to say the board can make contracts and do things with common areas such as improvements without owner approval. Condo law says specifically 718.113 the board must get owner approval for any "alteration" or substantial modification" That about right? So my HOA board can buy things to install as improvements or modifications. Condo boards have to get owner approval? What is a substantial modification?

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Ray

Lawyer

Doctoral Degree

37,758 satisfied customers
I did a BK 7 yrs ago and have made my 1st and 2nd mortgage

I did a BK 7 yrs ago and have made my 1st and 2nd mortgage payments on time every since but he 2nd was inerest only untill this year . My question is will I be foreclosed on if I continue to pay the 1st but stop paying the 2nd as they were both written off in the BK?JA: You have to pay for your first question. If you sign up for a membership, there is a free trial for questions after that.Customer: okJA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: Washington and noJA: Has any paperwork been filed?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: no

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DrakeLAW

Juris Doctorate

900 satisfied customers
Question: I'm a new Board Manager at a seasonal Condo

Question: I'm a new Board Manager at a seasonal Condo Association in So Yarmouth Cape Cod Ma. The financial history here is that we've been running at a deficit for a number of years as we've stayed afloat with our prebooking dollars. My interest in becoming a BM was to get involved with finances starting with the 2017 Budget at this point and time. The climate for that procedure has been explained to me "We do what we always do, allow our salary Property Manager & salary Accountant to put together the Budget, and, for (1) BM / Owner (with no financial backgroung & actually states he's not comfortable with numbers) to bless it. In reviewing our BY-LAWS, I find in Article II, Section 3 "The Board may designate to the manager all of the powers granted to the Board other than Section Subdivision (i)", which states "Determination of the common expenses required for the affairs of the Condominium, including, without limitation, the operation and maintenance of the property." My question - Is my interpretation correct that the BY LAWS are referring to the budgeting process as we line item all of our expenses for the year? And, should this only be done by the Board Managers?JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: Cape Cod Massachusetts 02664 USAJA: Has anything been filed or reported?Customer: Not as yetJA: Anything else you want the lawyer to know before I connect you?Customer: No, I believe my question is complete.

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Damien Bosco

Attorney

Doctoral Degree

3,666 satisfied customers
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