Homeowners Association Legal Questions

This question ended up being categorized in construction law, and, while it touches on construction issues, the heart of the matter is homeonwers association law.  In general, if the homeowners are dissatisfied with the actions being taken by the board, they should consult with experienced Florida association counsel.  There are a number of such counsel that regularly respond to association law questions here on Lawyers.com and you can review their previous responses and reach out to them directly.  I wish you luck.... Read More

You cannot prevent them from increasing the minimum rental period, no. You do have a right to be heard and can attend their meetings and weigh in on key issues. Otherwise you can wage a campaign to be elected to the board, and/or get enough people to disagree with the policy that will show up to the meeting, and defeat it by public angst.  It is fully within their power to do so, unless the articles state that they have to refer this to the HOA members for a general vote, but that would be unusual.... Read More

It is possible they could be held accountable if you can prove they were aware of it and defrauded you.  They might share in the cost of remediation.  You may also want to consult with your Title Insurance as they have been known to resolve issues like this sometimes even when it might not seem to be within their purview. My office has handled matters like this before successfully and I can tell you that the most important element here will be gathering your evidence.  You first need to confirm their is an exisiting oil tank contaminating your property. Feel free to contact us for further assistance 203.870.6700. Good luck. ... Read More

In texas the hoa runs with the land, meaning its attached to the home. But this is directed by the hoa declaration that establishes the hoa itself. If you inherited the home, keep in mind it is subject to the debts attached on the home If the amount is to large to pay back or pay back on the terms of the hoa, you may also want to consider a chp13 bankruptcy to spread the amount owed to 3-5 yr. Also you could get rid of any other debts you may have depending on your income. Consult a local bankruptcy attorney to further assist you... Read More

Short answer is yes. If they have provided you a payment plan and you default, they now can proceed to file a lawsuit to foreclose on your home for that incidental amount. The biggest cost will be that once the HOA hires an attorney the HOA atty will probably tag on 2-3 thousand dollars that will now require you to pay that amount when you only originally owed 10 dollars The best way to proceed is to contsct the HOA and see what the fees were for specifically and go forward from there. You do not want to ignore the sitution because it will only get worst when dealing with the HOA.   Hope this helps and if you have any specific questions or need clarification please let me know    Min Kim (Peter), Attorney   ... Read More

Good afternoon If the HOA has filed a lawsuit for unpaid HOA dues to foreclose on your home, they can do so with or without an attorney. Keep in mind it' similar to if you were to file a lawsuit, you can do so with or without an attorney If you are currently facing a HOA lawsuit for unpaid dues, you may want to either get in contact with the HOA and resolve the issue or even proceed to file a chp13 bankruptcy to give you essentially 60 months to pay off the HOA dues Contact an attorney in your area who is familiar with HOA and bankruptcy law like my firm which offers a free consultation  Hope this helps. If you have any questions or need clarification please feel free to contact me  Min Kim (Peter), Attorney... Read More

Good afternoon Short answer is yes. However under the Texas property code their is a certain time period to "redeem" the property. Typically depending on who purchased the home in the HOA foreclosure different standards apply. If it was the HOA, then the cost to buy back your property maybe alot higher then what the home was forelosed for use to certain fees being allowed to be charged. The same is generally the same for 3rd party purchaser, but is more exclusive as which fees are allowed. Nonetheless, contact the buyer and set up a payment plan asap during your redemption period. If you need an attorney here in Houston, tx please feel free to contact me for further assistance  Min Kim (Peter), Atttorney Phone 713 259 3929  ... Read More