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Filing a lien for unpaid dues. 0 T. Perreira Our HOA is looking for information on filing a lien against a homeowner who has not paid dues in over 4 years. We are researching the viability of filing the paperwork ourselves versus hiring a lawyer. We have a small budget and would like information on how easy/difficult it is to find information on the process and then complete it on our own.
by T. Perreira
Thursday, October 15, 2015
HOA Manager Monthly Reports 0 s. powers We have a new HOA Manager and would like our manager to submit a monthly report to the Board.  Does anyone have a report they are willing to share? If you would like to contact me direct, my email address is: thank you in advance....
by s. powers
Sunday, August 23, 2015
Approval of Dog that exceeds weight limitations 1 R. Anaya Unless you have at least one witness to verify what the President said, you should go to the Board and ask for permission in writing otherwise you don't have a leg to stand on. Most HOAs and COAs have that rule because it helps keep their insurance lower.
by J. Cassias
Saturday, June 20, 2015
How can i become a member of HOA 0 L. VAUGHN How can i become a member of HOA Where do i need to go sign up become a membership in each state 
Tuesday, May 12, 2015
Enforcing CCRs for one violator when previous violator was never dealt with 1 J. Owner HOA is not enforcing rules. They have written two letters in the last 6 months telling people to adhere to the rules that in not doing so they are effecting property values. Our HOA rules state no parking on the front lawns. yet many are parking all over there front yards even taking bushes out to park. The letters tell them they are breaking the CCR's yet they don't do anything to stop it. They say they will fine people who don't go by the rules and I see cars still parked all over front yards. I wrote them the Management company along time ago and they wrote back saying they couldn't get people to pay their dues let alone enforce the rules. I have all letters and pictures.
by R. Hitlaw
Monday, April 13, 2015
HOA Nuisance actions for legal firearms noise 2 J. Owner Thanks for the great informational reply and references.  Understood, not expecting binding legal advice just information.  Just researching before I decide if I need to pay an attorney,  I did consult with one, his thoughts (free initial consult) were that it is really difficult for an HOA to actually win a case like this, and the legal fees to engage could be substantial.  From what I understand, I can take action to recover if it comes to that and I prevail.   Since there is no legal action against us at this time, he suggested I informally respond and reason with them.   The board has cited this: "Inappropriate Activities:  No Trade of business of a noxious or offensive nature shall be carried on upon any tract, nor shall anything be done thereon which may be or become annoying or nuisance to the owners, nor shall any unsanitary conditions prejudicial to the public health be allow."  There is also no provision that prohibits the use of firearms for recreation.  "Hunting, Trapping, Discharge of Weapons: Hunting and trapping of large animals and game is prohibited. "Large Game" means bear, deer turkey." It appears a Discharge of Weapons provision was deliberately removed or omitted prior to the CCR recording.  (Common sense for most in the rural area of the woods)The board is a group of retired (mostly educated) people who may listen to reason if they are provided similar legal cases that demonstrate their expectations are unreasonable and/or unenforceable.  If you have time and find more, I'd love to review them.  Thanks for your insight on this!
by J. Owner
Monday, October 20, 2014
Tenant vTenant Actions to Enforce HOA Governing Documents 0 J. Szabo I manage a condo unit in an HOA complex in California. The unit is rented to a tenant that has had an ongoing noise issue with the tenant who rents the unit located directly above. The HOA has rules that specify “quiet hours” from 10 pm to 8 am and provisions in the CC&Rs regarding nuisances.  The upstairs tenant plays loud music and the television very loud throughout the night.  The construction of the building is such that the noise comes into the lower unit and disturbs the downstairs tenant and her young son at all hours of the night.  Her efforts to get the upstairs tenant to alter her behavior have been unsuccessful and have created hostility on the part of the upstairs neighbor. We have contacted the HOA manager and the HOA board of directors to seek their assistance in taking some action against the owner of the upstairs unit in order to get him to take action against his tenant for not complying with the HOA’s governing documents.  The HOA has confirmed the problem through the security guard who has been called to the unit during the night on many occasions, and the HOA has fined the upstairs unit for noncompliance.  The fine has not been paid and the owner of the upstairs unit is not taking any action against the tenant.  The HOA has now taken the positon that this is a “neighbor-to-neighbor” problem that the HOA does not want to get involved in. Efforts to get the local sheriff involved have also been unsuccessful. The owner of the downstairs unit needs to take some action or his tenant is going to move. Obviously, putting another tenant in the same situation is another set of problems. Can one tenant sue another tenant for violation of the HOA’s rules? Do the owners of the units have to be the parties suing and getting sued for issues regarding the CC&Rs?  Other suggested action?
by J. Szabo
Friday, October 10, 2014
HOA cluster mailboxes over sewer easements! 1 J. Royer If there are specific easements that were granted there is probably language in the grants that were recorded that covers issues like maintenance etc. You should have someone review the language of the easement to see if the subject is addressed. That may answer your question. Absent provisions in the easement document, you should have someone review the law of your jurisdiction on the topic of easements and responsibility for maintenance / repair related issues.
by L. Szabo
Thursday, October 2, 2014
Thoughts on Case Decision - "Best Lawns, Inc. Vs Cedar Run HOA" 0 J. Szabo The Illinois Appellate Court decision on April 19, 2014, in "Best Lawns, Inc. v Cedar Run Homeowners Corp." (copy attached) demonstrates the importance of an HOA having management personnel and directors that make prudent financial decisions regarding litigation matters. Frequently, HOA personnel get involved in "emotional battles" and make decisions that don't make economic sense. In the end, their imprudent decisions concerning the litigation cost the HOA (all the homeowners) much more that the matter could have been resolved for in the first place. In the Best Lawns, Inc. case, a service provider that performed tree care services sued the HOA for terminating their contract two years early and then refusing to pay the amount required under the contract for early termination. The service provider demanded less than $4,000 for the early termination amount and its attorney fees. Thus, if the HOA had dealt with it properly before the service provider brought in an attorney, the amount would have been less than $4,000. Instead, the HOA refused a settlement and forced the service provider to file suit. Despite the trial judge's indications that the HOA had a weak case, the HOA took the case to trial and ending up losing with the service provider obtaining a judgment against the HOA for over $13,000. To compound the poor handling of the case, rather than accept the loss, the HOA then appealed the decision and then lost the appeal. The decision does not indicated whether the service provider was going to be awarded additional attorney fees and costs that were incurred in the appeal. At the end of the day, the HOA had a judgment against it for more than $13,000 plus the additional expense of its own legal fees and costs. Thus, a matter that should never have gone to litigation and which could (and should) have been resolved for $4,000 or less will most likely end up costing the association's homeowners around $25,000 not to mention the noneconomic costs such as directors' time and stress, and the negative PR with homeowners who now have to foot the bill. Certainly, that extra money could have been put to much better use. The poor decisions are then frequently further compounded by the association having to use reserve funds or levy special assessments to cover the expenses. This case is a classic example of real-life scenarios that often occur in HOA's when it comes to dealing with litigation. An HOAs directors and decision making personnel need to remove the emotion from their decision making and make prudent business decisions. When it comes to litigation, "a bad settlement is better than a good lawsuit.  See case decision: Best Lawns, Inc. v Cedar Run Homeowners Corp.
by J. Szabo
Monday, September 22, 2014
Electrical conduit to air conditioning unit on roof top 1 J. Cacciaguida Your HOA's governing documents (i.e. the Declaration and the CC&Rs) should describe what areas are separate interests that are owned by the individual owners and what areas are common area. There should also be provisions in the governing documents that specify who is responsible for repairs to various systems and components. As a general rule, the individual owners are responsible for repairs of everything located within their unit (which are generally items located within their separate interest property), and the Association is responsible for repairs of the common interest systems and components. The electrical conduit within the walls is generally common area property, but the conduit relating to the A/C compressor may be treated differently if the governing documents make the individual owners responsible for the A/C system and its components. Bottom line, you need to study your Association's governing documents to understand what items the individual owners are responsible for maintaining and repairing.
by L. Szabo
Thursday, September 11, 2014
Changes in Declaration and/or Bylaws 0 S. Hahn Can a HOA Board change the Declaration and/or Bylaws without a vote from the entire HOA?  I just received new rules/regulations from our new HOA management company that states the HOA Board had accepted new covenants about a month ago. I wasn't made aware of any discussion to change anything.   It is my understanding before any changes had to be voted upon by the entire HOA and accepted by a percentage of the HOA before the covenants could become official and incorporated into the current Declarations/Bylaws.  I live in South Carolina and am not sure if there is a SC HOA law that states anything about this.  I am all for changes being made to the covenants to make them more current and applicable to the neighborhood than the developer's covenants that do not apply anymore.  Any comments would be appreciated. Thanks.
by S. Hahn
Friday, August 29, 2014
Solar Panels in Common Interest Developments 1 L. Szabo How can an HOA prevent the installation of solar panels on a townhouse in Oregon?
by J. Weinert
Monday, July 28, 2014
Implementation of Drought Resistant Landscaping 0 L. Szabo Because of the drought conditions being experienced by various regions throughout the United States homeowners associations are being called upon to re-evaluate their landscaping policies and convert from the historically more desirable green lush landscaping that requires more water, to low-water using drought- resistant landscaping. Some HOAs are embracing the changes and others are still enforcing rules that require homeowners to continue to keep their extensive grass and plantings green. Various legislation has been proposed that will prohibit HOAs from preventing or penalizing homeowners for using drought-resistant landscaping.Let us know how your community is adapting to the drought conditions and how you feel about  the replacement of lush green lawns and plantings  with low-water plantings and other drought-resistant landscaping.
by L. Szabo
Tuesday, March 11, 2014
Should a HOA Prohibit Holiday Decorations? 0 L. Szabo Holiday season brings out the spirit in people.  Some people like to be festive and decorate their homes and others don't. Most homeowner associations have rules that prohibit or limit holiday decorations. How do most homeowners feel about their neighbors displaying holiday decorations on their property? Should they be allowed to a limited extent?
by L. Szabo
Friday, December 20, 2013