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Recent HOA questions
I am being sued over non paid HOA dues. Just been served
I am being sued over non paid HOA dues. Just been served papers and this is the first I have heard about it. I thought everything was being handled through my old mortgage. I have never been contacted by anyone let me know.JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: texasJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: don't think so
Does Chapter 22 of the Texas Business Organizations Code
Does Chapter 22 of the Texas Business Organizations Code override the existing HOA bY-Laws?Example: The By-Laws state that," The power to alter, amend, repeal or adopt new by-laws shall be vested in the members ( homeowners ) but such power may be delegated to the members of the Board of Directors if so empowered by a vote of a majority of the membership or Board of Directors if so empowered, present in person or by proxy before such a vote shall be valid, notification that said vote is to be taken must have been included in the notification required by Article IV, section 3 for the regular, special, or annual meeting at which the vote is being taken."My HOA has been amending the By-Laws in "pursuant to Chapter 22 of the Texas Business Organizations Code" and having them submitted to their lawyers who have them submitted to have them notarized by the county.No notices were sent out about a vote to provide them the authority to amend the By-Laws and no vote was held. They contend Chapter 22 overrides the amendment process stated in out HOA By-Laws.Are they correct?Thank you,M. Kelley
In Oregon are all foreclosure sales (auction on court steps)
In Oregon are all foreclosure sales (auction on court steps) for the senior lien. I don't see any warning like in Calif. where they state you might be buying a junior lien and will still owe the senior lien after purchase. Thank you Bob
Thanks so much help! I am looking to buy property where I
Thanks so much for your help! I am looking to buy property where I will put our cabin, in the country. It is in Crawford County in Wisconsin and County and Township zoning for the property allow for our 3 family pet goats (who are my babies!!). The location for our property is a development with a home owners association and convenants. The convenants currently have no restriction, no mention of animals. Can the home owners association vote to add a restriction against having goats and if I bought the property before this restriction was added, could it be enforced against me or would I be 'grandfathered' in? This is supremely important as I would never desert my goats who are part of the family, my babies completely so we would move and lose a lot of money. THANK YOU again for your help!
The closing was held up days past the date due to the out of
The closing was held up for several days past the date due to the out of the country seller not getting some required forms over. The Buyer has to move on the day that was scheduled since his home Buyer is closing at the same time and moving into the buyers home. Also the Buyer is unable to reschedule his mover. What can be done to let the buyer into the property he is buying without actually turning over possession until the closing is completed? Could the Seller lease the buyer the property for a week - is this a good solution??
Live in Florida HOA under Chapter 720. You know criminal
Live in Florida HOA under Chapter 720. You know criminal background checks are being done for renters in HOAs. I hear associations now are requiring criminal background checks for home buyers. This can't be after the homeowner signs a contract to purchase a home, can it? Also, doesn't a requirement to do a criminal check have to be allowed in the association documents ?
My condo property mgt has decided not to maintain our 4 laneView more real estate law questions
My condo property mgt has decided not to maintain our 4 lane bowling alley and double tennis courts as part of cost cutting. There are 475 units here. These facilities are no longer usable. This affects the value of my condo. Can I force them to bring these facilties back to a usable condition. I was told only a majority vote of the residents can decide that these facilties can be given up. I live in Florida