Voting rights and procedures for members of a community association are extremely important as the right to vote for the Board of Directors and other important issues that affect a member’s ownership and use of his or her property are central to an HOA members fundamental interest. Thus, members of homeowners’ associations should familiarize themselves with the applicable bylaws and rules of the community so that the processes and procedures are known and understood. This knowledge will prepare members to vote on important issues with a clear understanding of the processes involved.
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One of the issues faced by homeowners living in communities governed by homeowners’ associations is the issue of when either the association itself or another homeowner encroaches on the homeowner’s property. This article is designed to give basic information to homeowners living in these private communities concerning how issues of encroachment affect their use and enjoyment of their property. One thing is imminently clear about case law involving encroachments in HOA communities – this is that disputes of this nature spin out of control and take on a life of their own which can be long, drawn out and expensive for all involved.
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While generally homeowners’ associations are provided for the common good of its residents, what happens when it becomes necessary to dissolve an HOA? There are many reasons that it may become necessary to dissolve a homeowners’ association. They could be financial or legal or a combination of the two. This article is designed to provide general guidance as to what processes are required in order to legally dissolve a homeowners’ association in the unfortunate event that such action becomes necessary.
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HOA fees are the costs assessed to all property owners for items such as lawn care, snow removal, utilities, property maintenance, common area maintenance, security and similar items. Some of the more expensive common area maintenance items can include swimming pools and equipment that is located in a community building. The amount and type of items that are included in HOA fees will vary depending on the nature of the property, its location, and how extensive the services are that are provided within the context of the community.
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One of the issues faced by homeowners’ associations and their members is what types of rules and regulations can apply to parking within a community. While parking regulations can help to assure that owners have reasonable parking options available to them, they can also be so restrictive that it is difficult to have guests visit. In addition, in some cases, associations that have exerted too much power in this area have begun issuing hefty fines for parking violations which become further bones of contention within members of the community. This article is a basic overview of the HOA’s authority to regulate and enforce parking.
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Homeowners who live in communities governed by a homeowners’ association (HOA) often run into a unique set of issues to deal with. Whether it is rules and regulations that affect the usage and maintenance of property or difficult neighbors within the community, the potential areas for disputes to arise are plentiful. While many times homeowners are able to amicably resolve issues, there are other times when that is not possible. The question then becomes what is the best way to resolve disputes that arise with a homeowners’ association without turning the dispute into expensive, time consuming and stressful litigation.
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One of the battles that homeowners living in an HOA community face is how to properly handle situations when the homeowner receives a notice of violation from the homeowners’ association. Understanding what the association’s board must do to provide proper notice of a violation is key. In general, a concept of due process, meaning notice and an opportunity to be heard would apply to rules violation processes involving homeowner’s associations. This article is designed to walk members of a homeowners’ association through the processes involved in rules violations.
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Homeowner’s Associations come with many interesting and different processes for most first time members of an HOA community. An important process members of homeowners’ associations have to deal with is the election of a Board of Directors which can be a member’s first exposure to corporate law. This article is designed to give a general background on how board members in a homeowners’ association are elected and what processes are in place to protect homeowners from problematic board members.
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For homeowners living in homeowners' association communities, one of the questions often asked is what happens when HOA rules are ignored? How do homeowners' associations enforce them? Can a homeowners' association fine owners? How can members of the community respond to violation notices of HOA Rules? These are all issues that individuals who reside in communities governed by homeowners' associations and those who are considering purchasing properties in such communities need to carefully consider.
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For Homeowners either living in communities governed by Homeowner’s Associations or for those considering buying property located in such communities, how the application of Covenants, Conditions, and Restrictions (CC&Rs) might impact the use and enjoyment of any property located in such a community is an important consideration. This article is designed to give homeowners who are part of an HOA community or those who are considering becoming part of a homeowners association a snapshot view on how to address the various concerns that arise with regard to CC&Rs.
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The installation of solar panels often leads to discussions about how the solar panels change the look and character of the neighborhood or that they may cause a decrease in property values for the neighborhood. The legal backdrop that exists also involves a careful balancing of a homeowner’s right to use solar energy and a community’s right to control the aesthetics of a neighborhood. The question then becomes who can decide whether a homeowner can install solar panels in an HOA Community and if so, what are the other enforceable rules that might govern the installation and maintenance of such solar panels.
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