profdan_h

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  • in reply to: Developer Controlled HOA & CCR Amendments #375851
    profdan_h
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    It generally depends on your governing documents. Your declaration should clearly lay down the procedures and requirements for making amendments, but declarants/developers sometimes have special powers. If you’re a condominium, Section 66-27-317 of the Tennessee Condominium Act of 2008 probably applies (https://casetext.com/statute/tennessee-code/title-66-property/chapter-27-horizontal-property/part-3-tennessee-condominium-act-of-2008-units-and-allocation-of-common-and-limited-elements/section-66-27-317-amendment-of-declaration).

    This section states:

    “(a) Except in cases of amendments that may be executed by a declarant under § 66-27-309(f) or § 66-27-310, the association under § 66-27-207, § 66-27-306(d), § 66-27-308(c), § 66-27-312(a), or § 66-27-313, or certain unit owners under § 66-27-308(b), § 66-27-312(a), § 66-27-313(b), or § 66-27-318(b), and except as limited by subsections (d) or (e) of this section, the declaration, including the plats and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent (67%) of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.
    (b) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one (1) year after the amendment is recorded.
    (c) Every amendment to the declaration must be recorded in every county in which any portion of the condominium is located, and is effective only upon recordation. An amendment shall be indexed in the grantee’s index in the name of the condominium and the association and in the grantor’s index in the name of the parties executing the amendment.
    (d) Except to the extent expressly permitted or required by part 1, this part and parts 4 and 5 of this chapter, no amendment may change the boundaries of any unit, or the allocated interests of a unit, or prohibit the leasing of any unit, in the absence of the consent of all affected unit owners.
    (e) Except to the extent expressly permitted or required by part 1, this part and parts 4 and 5 of this chapter, no amendment may increase special declarant rights without the consent of sixty-seven percent (67%) of the votes of the association other than the declarant.
    (f) Amendments to the declaration required by part 1, this part and parts 4 and 5 of this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.”

    in reply to: need HOA management. co. #375850
    profdan_h
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    This website actually has a good directory. Here’s the page for Houston: https://www.hoamanagement.com/city/houston/

    Hope this helps.

    in reply to: HOA denied my request for membership list #375591
    profdan_h
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    Perhaps you can approach the board and ask them to reconsider. Write an appeal and let them know that you will not be using the list for commercial purposes.

    in reply to: HOA denied my request for membership list #375589
    profdan_h
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    Hi @melcenaryx,

    According to Section 38-33.3-317 of the Colorado Common Interest Ownership Act, membership lists may not be used for commercial purposes, the solicitation of money, or any other purpose unrelated to the unit owner’s interest as a unit owner. The board must give its express permission otherwise. This could be why your board denied your request.

    Hope this helps.

    in reply to: What to say in a letter announcing FINES. #375584
    profdan_h
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    Hi,

    This might help: https://www.hoamanagement.com/notice-of-fines-for-rules-violation-template/

    Also, make sure your governing documents reflect your HOA’s authority to impose fines in the first place.

    in reply to: HOA is ignoring the laws of the state #375583
    profdan_h
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    Hi,

    It seems that Illinois law does allow proxy voting. As per Sec. 1-25(h-5)(1) of the Illinois Common Interest Community Association Act, “1) by proxy executed in writing by the member or by his or her duly authorized attorney in fact, provided, however, that the proxy bears the date of execution. Unless the community instruments or the written proxy itself provide otherwise, proxies will not be valid for more than 11 months after the date of its execution.”

    I am unsure, but I believe the part you’re referring to that says proxy votes are not allowed for board elections exists under subsection (i) of the same section, which applies to electronic voting. It may be worth consulting an attorney for clarification.

    Hope this helps.

    in reply to: good management company #374646
    profdan_h
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    @George123 This website actually provides a good directory of HOA management companies that you can search by state or city: https://www.hoamanagement.com/hoa-resource-search/

    in reply to: Firing are bord of directors #374484
    profdan_h
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    Hi Galiana,

    Your state laws should give you some guidance on this. For instance, in Florida, Section 617.0808 of the Florida Not For Profit Corporation Act should help. Here’s a link to that section: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0617/Sections/0617.0808.html

    Your governing documents — specifically your bylaws — should also tell you how to remove board directors and elect new ones. You might need to call a special meeting for this special election.

    Hope this helps.

    in reply to: Separate from HOA #374483
    profdan_h
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    Hi Galiana,

    I’m assuming you currently have a declaration for your condo association encompassing all 88 units and 14 buildings. If you do, you need to dissolve that HOA and form a new one for each building. That way, you can have separate rules and a separate management company for each building.

    Hope this helps.

    in reply to: indemnify & insurance #374100
    profdan_h
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    Insurance companies are likely saying no because it increases your HOA’s risk and, therefore, the insurance company’s risk. Best to look for a vendor that does not ask the HOA to indemnify them.

    Hope this helps.

    in reply to: satellite dish #374083
    profdan_h
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    Hi,

    Generally, no. The OTARD Rule prohibits HOAs from banning satellite dishes, though it does allow HOAs to impose restrictions with regard to the placement of the dish, among other things. However, the OTARD rule does not allow HOAs to enforce restrictions that impede the installation, maintenance, or use of satellite dishes.

    Hope this helps.

    in reply to: Community septic system needs major repairs #374082
    profdan_h
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    Hi RobHaas,

    Does your HOA have a reserve fund set up? The reserve fund could cover some or all of the cost of repairing the septic system. Your HOA board generally doesn’t need a vote to levy special assessments unless your state laws/governing documents require it or it goes beyond a specific amount or percentage as dictated by your CC&Rs.

    Restarting an HOA that has gone mismanaged or inactive for years can be difficult. I would advise you to establish an HOA board first so that things can start getting back on track. Homeowners should be notified that the HOA is restarting back up and that they should be prepared to pay dues again. It’s important to review your governing documents to know what you can and can’t do moving forward, including things like maintenance, special assessments, etc.

    Hope this helps.

    in reply to: Harassment of Board Members #373717
    profdan_h
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    Hi RobM7299,

    If the harassment escalates or if there are any threats involved, I would suggest referring the issue to local law enforcement. Beyond that, it may be best for the individual members and homeowners affected to file restraining orders against the former board member.

    Hope this helps.

    in reply to: HOA Purchase #373716
    profdan_h
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    Hi louisjco,

    I’m not very familiar with Maryland laws, but it usually comes down to the HOA’s governing documents. If your governing documents give the HOA the power to do that, then it is permissible. As for whether or not the unit owners should have a vote (and what percentage is needed to pass), that also comes down to the documents.

    Hope this helps.

    in reply to: ARC rejects homeowner solution #373541
    profdan_h
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    Hi,

    If the homeowner is preparing to take legal action, the HOA should be prepared. The board should contact the association’s attorney and inform them about the situation. The attorney should be able to help the HOA get everything ready should the case escalate.

    Hope this helps.

Viewing 15 posts - 16 through 30 (of 42 total)
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