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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 34960
Experience:  12+ yrs. of experience including real estate law.
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Actually yes, my HOA is a Condo Association does that make a

Customer Question

actually yes, my HOA is a Condo Association does that make a difference?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Utah
JA: Has any paperwork been filed?
Customer: I have not filed any paperwork
JA: Anything else you want the lawyer to know before I connect you?
Customer: that my HOA says I have zero voting rights on budgets, and reserve accounts. I have been told by our property management and our Board, to write a check and smile. It's not in Developer Control.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 9 months ago.

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 9 months ago.

I am sorry for this dilemma...but unsure I understand your specific question...can you tell me, what is your question please?

Customer: replied 9 months ago.
My HOA closed our club house two months ago, I asked why. The property manager said it was under the instructions of our Board. I asked if them closing our club house lowered by 275$ a month HOA dues. I was told no, I still pay the same amount. We just had our new Budget sent out for 2017. I was told we do not get to vote on budgets, or reserve accounts... Because of our CC&R's but the State of Utah says that condo associations should vote on budgets and reserves. I was told I was wrong to assume this from our Board and Property manager. I guess I want to know if I just write a check and be quite, or if I am correct in thinking they are not operating properly.
Expert:  P. Simmons replied 9 months ago.

I think perhaps you are receiving some inaccurate information

There is no UT law that requires HOA members be allowed to vote on budgets and reserve accounts.

There are UT rules that REQUIRE the board of directors for the HOA to present members with the budget and reserve analysis...but that does not allow members to vote on the issue. It is the duty of the elected members to vote on the budget.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 9 months ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding

Customer: replied 9 months ago.
Well in regards ***** ***** taking my money with zero accountability, closing the clubhouse I should have access to. And you telling me I don't have a say or vote in how my HOA is being run... no that answers my question.
Expert:  P. Simmons replied 9 months ago.

Thank you

Please rate my answer so I may receive credit

Thank you