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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102584
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Do the community have any recourse when the POA Board allows

Customer Question

Do the community have any recourse when the POA Board allows a manufactured home of 30 years old to be moved in and the POA Bylaws says the homes have to be no older than 5 (five) years old. The Manufactured home in question is in very bad shape and looks horrible. There is also a question of the voting of the Board Members. The community members have a petition that is being signed to object to the old home being moved in. Is there anything that can be done to have it moved out? Thank You.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not to participate in phone calls and I may or may not be able to participate in this feature.Yes. If the Board is not following its own bylaws, then an interested party may threaten to file a suit to compel them to do so under the following actions: declaratory judgment and negligence.However, the problem is that if the Board is all in agreement about this, all they have to do is change the bylaws to accommodate their actions. Assuming they have the votes to do so, then the bylaws may simply be modified to allow such an action.If the action is prohibited by the DECLARATIONS or the DEEDs of the properties, then this is different - reply and let me know if so.Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.