QUESTION
Can HOA use majority rule to give community fence maintainence responsibilities to me? HOA claims there's no money to fix broken fence on my property
Asked on Feb 09th, 2017 on Civil Litigation - Florida
More details to this question:
This gated community has masonry walls and rodded, jagged steel fences to form the boundaries. HOA claims they will continue to maintain the masonry walls by the front entrance but the steel fences maint. will be transferred to 5 owners adjacent to it borderline a private road. They've gotten a quote of $38000 for replacing it. It was never maintained for the past 30 years until I've asked them to do so since I paid my monthly dues on time and three sections of the fence fell apart or are full of jagged steel. City of Tarpon Springs has told me the fence is in violation of ordinance code. Do I have a legal right to stop HOA in using Majority rule to amend the declaration of CC&R to impose a huge financial responsibility to a select few?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
YOu have the right to participate in the process not to madate the result. The bottom line is that if the funds aren't there to maintian the fence they simply aren't unless the HOA uses some form of special assessment. You may need to hire a real estate lawyer familiar with association law.
Answered on Feb 17th, 2017 at 1:34 PM
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