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We are having trouble with our HOA in as much as they are…

We are having trouble with...
We are having trouble with our HOA in as much as they are sending us notification of our need to paint our condo which is half of the building.
However, our CC&R's states that they are responsible for all exterior maintenance. They said that a $100.00 fine will be imposed if not done by a certain date. By looking at the 2017 year-end Reserve statement, the association has sufficient funds to do the painting. How should I proceed with this matter? If an addendum was made to this Article, and we did not receive a copy, what are our rights in that instance? With the first painting on the condos the Association stated they were short of needed funds, we were broached with the proposition of paying 50% and the HOA would do the same and we went along with this request. We also replaced our roof one time at full cost to us. Does either/both of these situations make the Article in CC&R's void & put any kind of full payment on us for this new request for painting? Or, since they now have enough in reserves, does it still remain their responsibility to do so?
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Customer reply replied 4 months ago
We do not have mobil phone so you will have to use e-mail.
Answered in 9 minutes by:
3/28/2018
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,583
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

What the HOA has or does not have in its reserves does not matter. All that matter is whose responsibility this is, per the CC&Rs, or, the Bylaws.

You say that the CC&Rs says it is their responsibility? Okay. Consider sending them a letter back stating so and a copy of the CC&Rs where the clause says so. Make it clear that this is the HOA's responsibility and not yours. The HOA cannot enforce something which it has no power to do; in fact, you can technically sue them for negligence/breach of contract if they do not do what they have to do under the CC&Rs.

An addendum cannot be made in the CC&R without all owners being given time to respond and vote. If this was done without your knowledge, technically, you can file a DECLARATORY JUDGMENT suit and ask the Court to VOID the CC&R addendum. Whether or not you want to do this and if it is worth your time - it is up to you. You can also threaten to do this as leverage unless they paint the portion which is actually their responsibility anyhow.

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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,583
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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