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LegalCornerTM - Library of FAQ's - (Condominiums Directory)

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  Answers to FAQS On Condominiums



General Condominiums FAQs
What is the difference between a condominium and a co-op?
What is a “common interest development” or “CID”?
What is the difference between a condominium and a planned development ?
What Are The CC&Rs?
How are the CC&R's enforced?
What are Condominium Bylaws?
How can a homeowner get a copy of the Bylaws?
Can the homeowners override a decision by the board, a board committee, an officer or manager?
What happens if the entire Board resigns and noone else is willing to serve?
Can the Board arbitrarily remove and replace an officer?
Is the HOA required to make executed contracts available to the individual homeowners?
Is a Homeowners' Association (HOA) required to hire a management company?
Can married homeowners in an HOA who own a single unit both sit on the Board?
What portions of a condominium project are individually owned?
Who can convene a special homeowners' meeting?
What kind of notice is required for a homeowner's meeting?
What happens if a homeowners' meeting is held without proper notice?
Can the homeowners vote on matters not mentioned in the notice of meeting?
What should a homeowner do if s/he cannot attend a homeowners' meeting?
How does the homeowners association determine how many votes each homeowner can cast?
Is the HOA required to give me a copy of the minutes of homeowners' meetings?
How long do directors serve on the board of directors?
If a director resigns or is removed, how is the vacancy filled?
Who can call a Board meeting?
Are all the homeowners entitled to attend board meetings?
Must the Board allow homeowners to speak at board meetings?
Can their speaking time be limited?
When can the Board make a decision without a meeting?
Must the Board prepare minutes for every board meeting?
Are there any restrictions on how a professional management company uses HOA funds?
What is the difference between operating funds and reserve funds?
How can a homeowner find out what insurance the HOA is carrying?

Basic Facts
Can a condominium refuse to allow me to have a pet?

HOAs Powers & Duties
Who is in charge of the homeowners' association (HOA)?
Who can write checks and sign contracts for the HOA?
What is the purpose or role of a management company?
Can the HOA charge for parking, use of recreational facilities, and other services?
Are there any limits on how much?
Is the HOA required to perform regular inspections of the common areas?
Is HOA approval necessary for an improvement or alteration?
Can the HOA arbitrarily approve or disprove of an alteration or improvement?
When can the HOA directors and officers be held personally liable for damages?

Ownership & Usage
Must a homeowner provide the HOA with access to his/her unit or home?
If a homeowner owns two units or lots, can s/he combine them into one?
Can the HOA impose restrictions on a homeowner’s right to rent his/her unit or home?
My neighbor is constantly playing loud music what can I do?
Can a homeowner be forced to give up a pet?
Can the HOA legally restrict a homeowner from displaying a sign?
Can the HOA limit the type or number of people who can live in a unit or home?
Who is responsible for a tenant’s compliance with the HOA Rules?
Who is responsible for damage caused by a negligent or intentional action or inaction?
Can a homeowner be held liable for personal injuries that occur in another homeowner's home, or in the common area?
Under what circumstances can a homeowner be held responsible for unpaid HOA debts?
What can an individual homeowner do about construction defects?

Dues, Fines & Penalties
How do I remove a lis pendens?
What kinds of fees and assessments can the HOA impose?
When can the HOA fine a homeowner?
Is there any limit on how much the monthly dues can be increased?
What happens if I fail to pay my monthly association dues or a special assessment?
Can the HOA Initiate foreclosure proceedings if I only owe $500 in back dues?
When the HOA needs legal advice to respond to a homeowner's request or demand, can the HOA charge the homeowner for the attorney’s fees it incurs?
Who pays the attorneys fees in a dispute between a homeowner and the HOA?
How are homeowners' dues established, changed, or increased?
Who determines each homeowner’s percentage share of assessments?
What is a special assessment?
Who determines the amount and how its paid?
What is a personal reimbursement assessment?
What can a homeowner do if s/he disagrees with the amount of an assessment?
Can an owner offset money the HOA owes him or her from an assessment?
What recouse does the HOA have if a homeowner does not pay an assessment?
What recourse does the HOA have if a homeowner makes an alteration or improvement without HOA approval?

Purchase and Sale
How does buying a condo differ from buying a house?
Can individually owned elements of a unit or lot (e.g. a room) be sold to, or exchanged with, another homeowner?
Can two homeowners sell or exchange a parking space or storage unit?
Can the HOA or Board sell or grant exclusive use rights to a common area?
If there are known construction defects am I required to disclose them to a prospective purchaser?

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