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This is concerning HOA bylaws and your name came up with…

Customer Question
This is concerning HOA...

This is concerning HOA bylaws and your name came up with dealings with HOA.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

West Virginia

Lawyer's Assistant: Has any paperwork been filed?

No , we are trying to find out what one needs to do for the process.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There are so many inconstancy matters within the neighborhood when it comes to the bylaws of the covenants.

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 1 minute by:
10/2/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 10 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,006
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 10 months ago

Are you looking for sample HOA governing documents or do you have a question with regard to HOA governing documents that are in place at this time?

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Customer reply replied 10 months ago
I have documented and pictures of so many things in the neighborhood that conflict with the bylaws of our HOA covenants.So the problem is if there is a conflict with what the bylaws say and what is really allowed in the neighborhood is that not reason to dismantle the HOA?
Real Estate Lawyer: Attyadvisor, Attorney replied 10 months ago

Thank you for the clarification. There should be no conflict with the governing documents and what actually occurs in the community.

You are asking about selective enforcement which is a breach of the HOA's duty to the owners.

Do your governing documents set out a process to terminate the HOA?

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Real Estate Lawyer: Attyadvisor, Attorney replied 10 months ago

In fact these are the laws and considerations that govern HOA's in West Virginia:

"Homeowner Associations are governed by a chain of governing documents and laws.

  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.

Considerations:

  • State laws affecting Common Interest Communities vary widely.
  • Bills affecting Common Interest Communities are frequently being introduced in state legislatures and may be in different stages of consideration, approval, or enactment.
  • It is not uncommon to find conflicts within or between governing documents such as the covenants and the bylaws. There may also be conflicts between governing documents and statutes. When this occurs, attorneys must often consider applying Rules of Intepretation.
  • Because of the wide variance in state laws, constant changes and possible conflicts in governing documents or statutes, it is strongly recommended that association boards and members seek legal counsel and especially with firms that have expertise or strong practice experience in the area of Common Interest Community law. A good starting point is to check the HOA-USA Partner Directory for your respective state.

West Virginia State Laws:

 

  • West Virginia Condominium and Unit Property
  • West Virginia Uniform Common Interest Ownership Act"

https://www.hoa-usa.com/statelaws/wv.aspx

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Real Estate Lawyer: Attyadvisor, Attorney replied 10 months ago

Are you still online with me?

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Real Estate Lawyer: Attyadvisor, Attorney replied 10 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

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Real Estate Lawyer: Attyadvisor, Attorney replied 10 months ago

Do you have any additional questions for me?

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