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Barbara Holland

Barbara Holland

HOA says garage cannot be used as gym

Many associations have specific regulations that the garage is to be use solely for residents’ vehicles. This is especially true where parking is limited in the common area

Yes, HOA’s can be sued that’s why they carry insurance

Yes, associations can be sued, which is why associations carry multiple kinds of insurance. In your case, the lawsuit should be forwarded to the insurance company who provides the directors and officers insurance policy.

Bids for work must be opened at board meeting

When bids are requested, the law requires them to be sealed and opened at a board meeting at which time the amount of each bid is to be announced.

Rude neighbor frays everyone’s nerves

Sorry to hear that you have such a rude neighbor. The association’s only recourse is to fine the homeowner. Based upon the amount of the fines if they totaled over $500, the board may consider placing a lien on his property.

HOA violations and fines must follow state law

I thought it would be worthwhile to have an article on homeowners associations’ violations and fines so that our boards’ enforcement process and procedures follow state laws.

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Community has dog poop problem

The dog has two spots in our yard where he relieves himself. When he pees, our grass turns yellow and dies. We have had to replace with new sod about three times. We have not been able to catch the culprit.

Homeowner annoyed by neighbors’ smoke alarms

Unfortunately, there is not too much an association can do, other than send the homeowner a letter to not only inform them of the problem but also to ask for contact information for any future issues.

HOA rejects request for satellite antenna

As for condominium associations, owners can install an antenna on balcony or patio if the patio or balcony is a limited common element, restricted for the owner’s exclusive use. Again, installation rules would be permissible and may require that the owner cover the antenna as long as such a requirement does not impair an owner’s ability to receive a signal or unreasonably delay or increase the cost of installation, maintenance or use.

FHA approval provides many advantanges

To obtain FHA approval does require some paperwork. The board would have to place this issue on an agenda and approve it, instructing the management company to pursue the action item.

Homeowner fights HOA over RV parking

The association should consider a revision in its rules, assuming the current regulation is not in the covenants, conditions and restrictions, which would allow a homeowner reasonable time to load and unload an RV. For many associations, their regulations allow 24 hours.

Roof rats are a problem

My wife and I live in a homeowners association duplex community. We now have roof rats in our crawl space. I’m sure we are liable to have the exterminator get rid of them.

Inexperienced HOA board can cause damage

You have a number of concerns. The first being the lack of experience of the current board of directors. Unfortunately, we do have a problem as too many qualified homeowners do not wish to serve on the board. We have to ask the question, why? For some homeowners, it is a matter of time; for others, it is a thankless volunteer job. Associations that are having problems finding homeowners to serve should review how they operate. In some cases, modifications of board meetings to make them more meaningful and less stressful would be a big start.

HOA improves clubhouse with out vote

As to the removing of the fireplace within the clubhouse without homeowner approval, you would need to review the association’s covenants, conditions and restrictions. As a general rule of thumb, community rules would require homeowners approval to change of one of the amenities.

Homeowner interferes with vendors

There is no excuse for racially, inappropriate comments by anyone, be it directors, residents, vendors or managers. In your case, the association’s legal counsel should be contacted. Besides the inappropriate comments, this homeowner should not be interfering with the association’s contractors.

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