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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117375
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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How to get 's Grove Association per Alma Property Management

Customer Question

How to get Sarah's Grove Association per Alma Property Management to Allow Condo Insurance on the townhomes that are Condos that are all paying $214.00 a month to take outside care of the homes and property but will not allow condo insurance....They are killing our money to make us pay Home insurance, but Sarah's Grove Association Rules and Regulations February 2004 states $214.00 a month for all townhomes no matter what size has the Association responsible for maintenance, repair and replacement of the outside of the building and property. BUT still since April 2015 will not repair my gutter exit at the end of my fenced in deck....????? HELP will insurance okay to have CONDO Insurance and not need HOME insurance. And have repairs DONE when we ask for them.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The fee you are paying is a maintenance fee. For these fees the association takes care of (or is supposed to take care of) everything the bylaws say they are to take care of, this includes shoveling, landscaping, cleaning common areas, repairs of common property or exteriors of buildings. If they are not making repairs that they are required to make, your first step is filing a written demand for repair to the board. If you have done so and they refuse to make them, then your next step is filing an appeal to the board to set the matter on the agenda at their next meeting to order repairs. If they still refuse, you have a right to sue in court for a declaratory judgment, which is a suit where a court orders them to follow the bylaws and make the repairs.
As far as insurance, homeowner's insurance for a condo is something separate from maintenance fees you are paying to the association. They cannot stop you from getting homeowner's insurance.
As to why all of the townhomes pay the same fee, that is up to the members and the bylaws and if you want to change that, read your bylaws about proposing a bylaw change and submit it to the members who then will have the right to vote on it and it can be changed. However, when you buy in a condo or HOA you agree to follow whatever those bylaws are, including payment of maintenance fees.

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