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 ?
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 also provides limited exceptions that allow a transfer fee covenant, such as a fee to a homeowners' association, a fee to a nonprofit or charitable organization, or a fee imposed by the government.
Then operation of the wastewater system becomes the responsibility of the homeowners' association or individual lot owners.
Lori Anderson has filed a lawsuit against her Vista del Canon homeowners' association, claiming it was negligent in maintaining the roof, common area and drainage as well as having allowed mold to grow in the Canyon Country condominium complex.
The IRS ruled that an individual may not deduct the interest a homeowners' association paid on a loan obtained to restore one of the common elements in the community.
Homeowners who want to see the road open say the Hidden Valley Homeowners' Association board of directors misrepresented residents when they urged the City Council to close the road to all motorists.
He pointed out that homeowners involved in construction-defect litigation can lose as much as 50 percent of the equity in their homes when their homeowners' association files a lawsuit.
We're disappointed, to say the least,'' said Carl Kanowsky, whose law firm represents the homeowners' association and has filed suit to prevent the city from opening the road before certifying an environmental impact report.
Pritsker said Bossert failed to provide documents that Pritsker demanded, as treasurer of the Stevenson Ranch Homeowners' Association.
McClintock spokeswoman Jennifer Cressy said the legislation was a direct result of a legal battle between the Le Parc Homeowners' Association in Simi Valley and a local contractor.
to pay about $1,500 in overdue homeowners' association fees owed by Mary Boyne, 60.
In the Saugus condominium complex, homeowners' association meetings grew contentious; one resident even threatened to sue the homeowners association for suing.

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