[viviancortez]

Up

0

Down

::

Yes, it is generally required to file articles of incorporation with the state secretary when forming an HOA, as this officially establishes the organization as a legal entity. The specific requirements can vary by state, so it’s best to consult with a legal professional or check your state’s guidelines to ensure compliance.

[viviancortez]

Up

1

Down

::

Beyond taking legal action, you might want to remove those board members. That’s selective enforcement what they’re doing.

[viviancortez]

Up

0

Down

::

I don’t think so. Depends on where you are, but I’m not aware of any laws (federal or state) that says the BOD can’t provide feedback on violations.

[viviancortez]

Up

1

Down

::

Previous boards have never called me out for this. Only this new board.

[viviancortez]

Up

0

Down

::

Check your state laws. If your state laws says you must refund extra money or carry them over to the next year (and reduce next year’s dues), then you should be able to shut that homeowner up pretty easily.

[viviancortez]

Up

0

Down

::

I would say suing should be your last resort. As much as possible, try to settle things out of the courtroom. The HOA gets its money from the homeowners (including you), so suing them would mean that homeowner fees will just be going to legal fees. Essentially, you’re paying for the HOA to defend itself. Suing should be the last option if you can’t make anything else work.

[viviancortez]

Up

0

Down

::

First of all, take a look at your bylaws and CC&Rs. Check what kinds of violations your HOA can fine you for. I’m willing to bet “not attending social events” isn’t one of them. That’s your free will.

Next, take your problem to the board. It would help if you got some support from fellow homeowners, too. Let the board know that what they’re doing is not with keeping in line with your governing documents.

If they still don’t budge and you end up getting fined, sue.

[viviancortez]

Up

0

Down

::

I do advise you to check with your condo board to confirm what the master policy covers. That way you know what policy to get for your own unit. That being said a HO-6 policy is great because it covers both the walls and those inside the walls (including your personal belongings). It also usually covers liability.

[Author]

Posts