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Can an HOA change a private property pond into a wet land

Customer Question
without approval of the members...
Can an HOA change a private property pond into a wet land without approval of the members
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 2 minutes by:
9/4/2015
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,712
Experience: 17 years real estate, Realtor. Landlord 26 years
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Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Is this land that is owned as a common area by the HOA?

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Do the Bylaws of the HOA give the Board the power to make changes to the characteristics of HOA owned property without putting it to a vote?

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When you say "wetlands" are you talking about a federally designated wetland?

.

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thanks

Barrister

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Customer reply replied 2 years ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

I am sorry, but I can’t engage in a private one on one phone call as that could imply an attorney-client relationship which I am prohibited from entering into under my independent contractor agreement with JustAnswer.

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I will opt out and open the question to other experts who might want to engage in a one on one phone call..

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Your deposit hasn't been affected by our communications.

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thanks

Barrister

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Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,424
Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Hello I am a different attorney. Can you tell me if the pond common area? Do your governing documents address the pond?

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Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

It depends on the ponds designation under the governing documents. Can you attach your governing documents so we can determine the board's rights and control over the pond.

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Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,424
7,424 Satisfied Customers
Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.

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