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Slab Leak HOA Statute of Limitations California

Posted on : 30-06-2014 | By : askinglaw | In : Homeowners Association, Law Question and Answer, Real Estate Law, Statute of Limitations

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We bought our condo in San Diego,Cali 2010. We discovered a slab leak and had it fixed for $1050. We have a property mgmt company that our HOA Board goes through. I called theProperty Mgmt company in Feb/2010 and they told me that my slab leak wasn’t covered. So I took them for their word.
In Oct/2013 we received a letter from the property mgmt company stating that the HOA Board has hired an independent lawyer to review and put our CC&R’s more in stone.
In April/2014 we received the new CC&R’s which state slab leaks are covered by the HOA. I came to find out the HOA paid a neighbors slab leak back in 2004 and they paid others on and off up til 2012.
In May /2014 I went to the HOA meeting with my bill and the Property Mgmt last made a copy and told me they would deal with this in the June/2014 HOA Board meeting. I also explained to them that I had talked to the Prop Mgmt company in Feb/2010 and the case mgr then told me that we weren’t covered. After that I received a letter stating that my claim was denied due to policy matrix changing from the old CC&R’s to the new CC&R’s. I called the Property Mgmt company and requested to talk to our HOA case mgr. They told me she was busy. I then went to the Prop Mgmt office and they told me the case mgr will be out for a week. I then went to our HOA President house and asked him why it was denied. He tells me my claim is too old and that I have to deal with the Property Mgmt company and not him regarding this. Is there a Statute of Limitations on something like this. I need to know whether to file or not. Hope to hear from someone soon.

statute of limitations on HOA dues

Posted on : 25-06-2014 | By : askinglaw | In : Homeowners Association, Law Question and Answer, Real Estate Law, Statute of Limitations

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Just received a letter from an HOA in Myrtle Beach, SC where they are going back to 2005 until currently; they have had HOA presidents taking money from the coffer for cars, vacations, schooling, etc. I do admit to stop paying my dues for that reason since 2005 and the total is 2500 due=they want me to pay them 252 a month – I am 62 on fixed social security and have no money to pay them for arrears = can pay 20 month with new board uncovering corrupt accounting, etc from the past.

HOA Statute of Limitations, in ground pool

Posted on : 31-10-2012 | By : Legal Information | In : Homeowners Association, Legal Questions, Real Estate Law, Statute of Limitations

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We live in an HOA that, for the most part, is and has been defunct for many years. I recently was told to be in compliance with a restriction stating that “no fence shall be placed forward of the front of any residence except that a chain link fence enclosing the entire tract shall be permitted.” this is because I have a wood fence on the side of my home to go around our inground pool. Approximately 95% of the homes have a version of fence that is NOT chain link. I had our fence installed more than two years ago. Can the HOA make me take down my fence….two + years after it was installed which will expose our swimming pool ? what are the limitations to these demands as per Texas Law? as well as my interpretation of the phrase “Forward of the front of any residence” …the fence is not in front of my home it is on the side of my home…what is your opinion about that?

Permanent enclosure for boat

Posted on : 23-02-2011 | By : Legal Information | In : Homeowners Association, Legal Questions, Real Estate Law, Statute of Limitations

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I have lived in my home for over 25 years and have owned a boat most of this time. About 6 years ago the HOA require us to place the boat on a pad next to the house, which I did. Prior to that the only requirement was it needed to be parked next to the house. This last fall they changed the requirement to have the boat parked behind a permanent structure which they say is a privacy fence. My question is what is the statute of limitations for them to be able to enforce this section of the covenants? My understanding is 5 years.

Following is the actual section of the covenant:
Section 10. No camper, self-propelled mobile home, trailer, boat, any vehicle that has commercial signs, advertising, or commercial equipment visible, or any vehicle which is used or intended for use primarily to haul or carry material and/or equipment shall be stored or parked on any residential lot or portion thereof unless the same is enclosed in a permanent structure or a special permit has been issued to the owner by the Architectural Control Committee. Nor shall any such camper, self-propelled mobile home, trailer, boat, any vehicle that has commercial signs, advertising, or commercial equipment visible, or any vehicle which is used or intended for use primarily to haul or carry material and/or equipment be parked on any public streets or on open space within the property subject to this Declaration
or any Supplemental Declarations, known as XXXXXXXXXXX.

statue of limitation on trying to collect HOA dues and fees

Posted on : 28-12-2010 | By : Legal Information | In : Homeowners Association, Legal Questions, Real Estate Law, Statute of Limitations

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Is there a statue of limitation on trying to collect or file a law suit on HOA dues and any late fees or interest associated with such fees? I live in the state of Texas. The fees are for the years 2004-2010 plus late fees, legal fees for every year.