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Recent Condominium questions

Can the Board Members go outside the Master Deed and

Can the Board Members go outside the Master Deed andcondominium project and purchase land without the co-owners approval?

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Roger

Litigation Attorney

Doctoral Degree

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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

Counselor at Law

Juris Doctor

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How much does this cost? so I go online and activate an

How much does this cost ?JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.Customer: so I go online and activate an account first ?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: Georgia City of AtlantaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: My questions is this. I own in a condominium building in the city of Atlanta with no mixed use, built in 1988. about 134 units. It does have units financed via FHA , so I would assume HUD would also come into play. The condo has filled most ADA spots with Bikes. they currently have 4 of 5.left over I am handicapped and have asked for reasonable accommodation. because the few spots remaining not filled with bikes are first come first serve. The board doesn't want to make any waves about the bicycles or the parking. I have provided all necessary documentation. So is this legal or would they have to be inline with FHA and or HUD. A permit was recently pulled to upgrade the club room and the guest suite and the workout facility.JA: Can you tell me what state this is in? And do you know who owns the lot?Customer: Georgia, we as an association own the building and the lot. in Atlanta

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Lucy, Esq.

Juris Doctor

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6 people own property in Cambridge MA. It is inherited

6 people own property in Cambridge MA. It is inherited property. It's 2, 3 family houses. 3 want to sell and 3 don't. One is going to buy out three. Where does this leave the other 2 and what is it that we own?Thanks for your timeKaren

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Lucy, Esq.

Juris Doctor

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What rights would a home owner have to start a bed and

what rights would a home owner have to start a bed and breakfast in Colorado if they belonged to a Homeowners Associations?

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Attyadvisor

Doctoral Degree

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6,616 satisfied customers
I got a letter from the Board of my Community saying that I

Hello, I got a letter from the Board of my Community saying that I can not park my commercial vehicle in my parking area unless it is in the garage. Is there any law in Cobb counting that allow me to do that? It is my personal vehicle as well. It is a Ford Transit High Roof so I can mot park wit inside the garage

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J. Warren

Attorney

Doctoral Degree

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I have serious concerns about what is currently happening at

Tom and I have serious concerns about what is currently happening at Laguna Reef. I just spoke with Leesa Hoffman about damage that occurred when a water leak from the toilet above in her unit damaged our guest bathroom wall and ceiling. This was a second occurrence. We had the repair made and submitted the bill to the onsite manager in January.I checked again several times with her, emailed Gary, our board president, on June 27, 2016 and have gotten no response. I finally called Leesa, who has the unit above us today. She told me that Gary has ruled that the damage is our responsibility, and they will not reimburse us for the damage. She further said that Linda P. was supposed to let us know. She also said that to her that the wording of the bylaws meant that the owner would have to do the damage on purpose to be responsible. I replied that that the word deliberate or intentional is not in the bylaws.This is very surprising to us since we were charged and required to pay a $1000.00 for damage to the unit below us when our dish washer hose sprung a leak.Below is the wording from the current bylaws:B-2. Damage. Each Owner is responsible for any loss or damage to his Unit, other Units, the personal property of other residents or their guests, or to the General Common Elements and improvements, if such loss or damage is caused by the Owner or by any person for whom the owner is responsible.From the Third Amended and Restated Condominium Declaration:16. OWNER'S RESPONSIBILITY FOR MAINTENANCE OF APARTMENT UNIT. An Owner shall maintain and keep in repair the interior of his own Apartment Unit, including the fixtures thereof. The interior of the unit includes everything inside the common element bearing walls, ceiling, and floor to specifically include the drywall, paneling, or plaster surfaces, drop ceilings, floor coverings, and entry doors. All fixtures and equipment, including the heating and air conditioning system installed within the Apartment Unit, commencing at a point where the utility lines, pipes, wires, conduits or systems (which for brevity are hereafter referred to as “utilities”) enter the Apartment Unit shall be maintained and kept in repair by the Owner thereof. This specifically includes Owner responsibility for any pipes or ducts in any fur-downs, drop ceilings, drywall, or paneling. Without limitation of the generality of the foregoing, an Owner shall maintain and keep in good repair (and replace, if so required) the air conditioner compressor, air conditioner drain lines, hot water heater unit, fans, ductwork (specifically including duct work between, heating unit and cooling coils, utilized in and for his Apartment Unit, as well as all other fixtures situated within or installed into the Limited Common Elements appurtenant to such.I have spoken to several other owners recently who had received similar “no reimbursement” rulings when damage occurred to their condos and little or no response from the Board. I am requesting that 20% of the owners join us in calling a special meeting to discuss and add clarity to the current policies and procedures being applied to the governing documents at Laguna Reef by the current Board. If this type of damage is not a concern you have, please disregard my email.In summary, Tom and I are requesting that a minimum of 20% of the owners join us in calling a special meeting (see Article 4.4 below) to clarify and explain the recent change in interpretation of the bylaws, rules and declaration.Do we have any other recourse, such as small claim's court?

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Loren

Juris Doctor

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35,452 satisfied customers
I own my condominium in Santa Ana, CA in Village Walk

Good morning, my name is ***** ***** and I own my condominium in Santa Ana, CA in Village Walk Townhomes. Our townhomes are attached so I have common walls on both sides. I am currently in the process of updating windows and the window company was performing a final measuring for three windows that are located twelve feet high. The gentleman climbed the ladder where the three windows are going to be replaced, and when he came down from the ladder measuring advised that there were termite feces on the window ledge. I immediately have notified my HOA management company regarding termites as our HOA has taken care of termites in the past. I am assuming with termite droppings on the window sill, this leads me to believe that there are termites in the structure. I emailed the request to the management company (Action Property Management) requesting an inspector to come out to inspect and spray and see what other damage could be caused. The response I received citied the CC&Rs and that they will only cover common areas. In the past I have been board meetings where the board of directors has approved to fix termite damage and have the termite inspection company come out. The board of directors has not tented our buildings in over 10 years, they are deferring maintenance on the outside of our properties, which I feel is causing this. I have seen no wood repair completed for over 3 years other than upstairs decking on any unit and for some of us it has been longer than 5 to 6 years since they have worked on our properties. I pay $368.40 each month for my HOAs, I am current and want to know what, if anything I can do. I don't feel I should have to pay for an inspector to come out and spray for termites. If I owned a normal home without attached walls then I can understand me spraying and ensuring I am maintaining for termites. How can I maintain my unit for termites when I have 6 other units attached and they are a pest and would just go to the other units? Again if I was in a normal single family dwelling, I would have an extra $368.40 to put away each month for these types of emergencies or items and feel like I have no other recourse. I am not made of money and on a limited income and feel my HOA is trying whatever they can do to get out of maintaining our properties. You can see the type of units we have on www.villagewalk.org or through Google Earth which provides a nice picture of the community. I really appreciate your guidance.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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45,556 satisfied customers
I live in a condex in Methuen, MA. Is the land on which the

I live in a condex in Methuen, MA. Is the land on which the the two connected units are located considered common land?

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legalgems

Juris Doctorate

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12,870 satisfied customers
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