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HOA, vice president

Posted on : 24-03-2010 | By : Legal Information | In : Homeowners Association, Legal Questions, Real Estate Law

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We have a HOA.Our homes are 6 years old.
Up until how we have had all members present.Now our Vice President resigned.
We are now left with a President,and Secretary.Our development is 70 homes/park.No pool or any amenities.
How do we have a HOA if we have non complying homeowners.Our community all complain about everything,they feel the HOA are the police.So since we have our hands tied at what we can do our meetings are a no show.What do you suggest.

Muli Level HOA Fees

Posted on : 05-03-2010 | By : Legal Information | In : Homeowners Association, Legal Questions, Real Estate Law

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Can an HOA legally design a mult-level membership with access to more or less depending on what type of membership you obtain? We have a community were a lot of members complains about paying dues because they never use the golf course. We think that if we restructured the dues to allow those that don’t use the course to pay a lessor fee.

HOA Restrict common area & fine

Posted on : 12-02-2010 | By : Legal Information | In : Homeowners Association, Legal Questions, Real Estate Law

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Can the HOA restrict me from walking my dog in the common area of our community which is not in our bi-laws, and sending me a $300.00 in doing so. Other neighbors have dogs I walk with yet I am singled out. This started with an occurance when I was walking my dog on a leash one neighbor let both of their dogs out freely not leashed, I was at least 50 yards away from their building. Both dogs attacked me and my dog. I have pictures of scraches & claw marks by these other dogs. I was not in the wrong, this wouldn’t have happened if they were leashed. So what is the legal answer to my question; am I allowed to walk the common area with my pet? HOA said only humans!

Garbage Service Contract

Posted on : 11-02-2010 | By : Legal Information | In : Homeowners Association, Legal Questions, Real Estate Law

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I work for an HOA..Our PREVIOUS management company signed a three year garbage service agreement with Waste Management..After about 1 year, the management company sold it’s business. We have a NEW management company now, are they obligated to this contract signed by the previous management company?

Covenants don’t allow homeowners to rent property

Posted on : 26-01-2010 | By : Legal Information | In : Homeowners Association, Legal Questions, Real Estate Law

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My husband purchased a townhouse near our home when we were separated. We got back together and could not sell the townhouse so we rented the propertry instead of going into foreclosure. The HOA is sueing us for renting the property. What can we do?

Does and HOA have to treat all members equal??

Posted on : 03-12-2009 | By : Legal Information | In : Homeowners Association, Real Estate Law

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Our HOA deed restrictions include a variance that can be granted if approved by the architectural control committee. Is it leagal for the HOA to grant a variance to one homeowner but not another under the same conditions? To be specific, we were denied a variance to have two horses on a 3 acre lot but our neighbors down the street in the same section have approval for two horses on a three acre lot. Both Our neighbors to either side have horses and we back to a large ranch. Do we have any legal recourse?

Background Check for HOA

Posted on : 24-11-2009 | By : Legal Information | In : Background Check, Homeowners Association, Real Estate Law

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Is Background Check a discriminator factor against someone who wants to run on a Home Owners Association?

Open Meeting Rules, Is an Adhoc committee of an HOA, such as ..

Posted on : 18-11-2009 | By : Legal Information | In : Homeowners Association, Real Estate Law

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Is an Adhoc committee of an HOA, such as the Architectural Control Committee, required to kep minutes of their meetings and items discussed, resolved, etc.?

Front Door Damage

Posted on : 19-10-2009 | By : Legal Information | In : Real Estate

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In December of 2007 I was a victim of a breaking and entering. The damage to my front door prevented me from locking the door. The HOA was not responsive on performing the the repairs. I went ahead and replaced the front door on my own in April of 2008 to a similar one that my neighbor had. In November of 2008 the board requested I remove my door. We told them no because they failed to perform their responsibility by replacing the front door. They have requested we attending a hearing next month to discuss our will full violation of the architectural committee guidelines. Turns out our neighbors door was not approved. What are my rights?

Increase in HOA dues to pay flood insurance for other structures?

Posted on : 04-09-2009 | By : Legal Information | In : Homeowners Association, Other Legal Topics, Real Estate Law, Zoning

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My HOA recently sent me a notice that my HOA dues will increase 10% in Oct. and another 10% in January. This increase is to pay for flood insurance now required due to a new flood plain study of Boulder Creek in Boulder Colorado. The issue is that MY particular townhome building is NOT in the new floodplain. The other 6 buildings are indeed in the new flood plain area. My question is…. Can they raise my fees to pay for the OTHER buildings that are in the floodplain area? There are houses in the same association that are NOT in the floodplain area and houses they are now in the new floodplain area. There are 5 buildings in the floodplain area and 1 building (mine) NOT in the flood plain area. The common area pool—common to the houses and the town homes is in the floodplain area. It has a small building with toilets in it and a control room for the water equipment. Can they raise my fees even though I am not in the flood plain? My other question would be…..do the houses that are NOT in the flood plain have to pay additional funds since the common pool is in the flood plain?