homeowners association

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homeowners association

An organization of the homeowners in a subdivision or a group of related subdivisions. In order to have the ability to collect dues and enforce rules, the association must be created by a legal document that was drawn up and filed before the first lot or home is sold, or by a legal document signed by 100 percent of the property owners and then filed in the public records.

• The associations sometimes own common areas. They also enforce restrictive covenants for the subdivision, such as setback lines, prohibitions against parking motor homes in drive- ways, restrictions on home-based businesses, and even architectural and landscaping restrictions. Often, one cannot cut trees, paint a house, add a porch, or make any other changes without first submitting detailed plans to an architectural review committee.

• The associations generally collect monthly dues in an amount barely sufficient to pay for common area maintenance and an annual party. Maintenance could be as minor as buying new flowers for the entrance or as pervasive as maintaining private roads in a gated community; siltation control and dredging for a private lake; costs of a security system and/or guard; and the care and upkeep of swimming pools, tennis courts, and other recreational facilities. In the absence of a fund for attorneys' fees, or the ability to assess additional dues for attorneys' fees in order to take rule breakers to court, the result is that rules generally go      unenforced except as may be possible through peer pressure.

• Most homeowners associations have the right to impose fines and to place liens on property and force a sale if the fines are not paid, but this route is rarely successful without long and expensive litigation. Usually, the liens remain in place until the property is eventually sold, and then they are collected, but this has little deterrent value when trying to stop current rule violations.

References in periodicals archive ?
The Fourth Department also found that Sedor "knowingly made false statements to the tribunal when he denied that he had ever represented the homeowners' association in any legal matter.
Steinhorn filed two complaints on behalf of the homeowners' association for Kingswood Commons, Inc.
The Provincial Environment and Natural Resources Officer Alfredo Palencia, as well as officials of the Federation of Lucena City Homeowners' Association and several local and national government leaders, opened the photo exhibit part of the program.
His homeowners' association soon took issue with that, telling him that the practice violated his deed restrictions, which said his home had to be used "solely for residential purposes."
Chris Pearmund is the owner of Effingham Manor Winery and had faced a lawsuit by 12 nearby homeowners who argued the winery was in violation of the homeowners' association covenant.
Police probers are trying to find out if the arrested suspect is connected with a group that is against Ledesma as leader of the homeowners' association in the area.
23 December 2014 - US-based water utility Missouri American Water has acquired water and sewer systems previously owned by the Anna Meadows Homeowners' Association, located near Moscow Mills, Mo.
Having spent two years working in the accounting department for CAS, Inc., she became interested in working in the Homeowners' Association (HOA) field.
With more than 600 footnotes of authority, two dozen sample forms and documents, and a complete subject matter index, it is the most comprehensive manual for operations in Florida homeowners' association.
This bill provides forms and procedures for notice of a claim by a homeowners' association and an objection to such a claim--the filing of an objection obligates the association to foreclose the lien within 90 days or, failing that, to waive the right to foreclose on that lien.
A Worcester Housing Court judge sitting in Western Worcester District Court in East Brookfield took the park out of receivership Wednesday, giving the park homeowners' association a chance to deal with a failed septic system on its own, according to Raymond A.
Then operation of the wastewater system becomes the responsibility of the homeowners' association or individual lot owners.

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