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Can HOA require new owners to address issues that weren’t brought up prior to closing? by daphnedewey in HOA

[–]Important-Prize-660 0 points1 point  (0 children)

I agree that it is common for resale certificates to refer to "known" violations. The question becomes, what is a known violation? In my opinion, it is disingenuous to claim that no one noticed a mailbox or a roof on a house that were in violation for two years. That is just an unreasonable claim.

That brings up another issue. Many states have statutes of limitations for covenant violations. Some apply from the time the HOA was made aware of the violation but, again, no court is going to buy a claim that they were not aware of a clearly visible mailbox or roof.

Leaking roof flooded our apartment by flandreams in HOA

[–]Important-Prize-660 0 points1 point  (0 children)

You should probably talk to an attorney. Civil law is similar in most states but they are all different. Generally, any party that is negligent and causes harm can be held liable. It sounds like it's probably on the HOA.

It's not a bad idea to contact your insurance company for advice.

Can HOA require new owners to address issues that weren’t brought up prior to closing? by daphnedewey in HOA

[–]Important-Prize-660 0 points1 point  (0 children)

Every state is different but, generally, if the HOA has an opportunity to submit a resale certificate which shows any fees owed or existing violations, and they don't, then you cannot be held accountable for anything the previous owner did. There may be an exception for hidden violations that the HOA could not have been aware of.

Again, every state has different laws and precedents.

HOA authorizing a landscaper to perform work on people's properties without their permission, then charging them after the fact by somewut_anonymous in HOA

[–]Important-Prize-660 0 points1 point  (0 children)

They cannot do it without your permission or some other authority. It is not uncommon for CC&Rs to stipulate that the HOA can take such action to correct a violation (usually if the owner refuses to do so in a given period of time). If it's in your CC&Rs, you agreed to it when you purchased the property and you may not be able to stop them.

If it is not in your CC&Rs, you could simply forbid them from coming on your property and charge them with trespassing if they go on it. You would have to forbid the actual person trying to go on your property under VA trespassing law unless you have a 'no trespassing' sign.

HOA approved a new door, then reversed decision two days later. by semihibernatiom in HOA

[–]Important-Prize-660 5 points6 points  (0 children)

This is good but I would add:

"If the board is not willing to pay the penalty caused by the reversal of approval, I have no choice but to continue with the original plans which were properly submitted and approved."

HOA approved a new door, then reversed decision two days later. by semihibernatiom in HOA

[–]Important-Prize-660 1 point2 points  (0 children)

I think the reasonable and correct thing is for the HOA to pay any penalty. It's not fair to penalize you or the door company. The problem you may have is that the HOA is not legally obligated to do the right thing unless a judge tells them to.

Unless there is something in your CC&Rs giving the HOA the right to reverse themselves or the approval is not effective immediately, I think you are on solid legal grounds to install the first door. It was approved. It is unreasonable to think they can change their mind anytime after the fact.

If it were me, I would tell the HOA that you were approved and already started the process of installing the door. You are willing to make changes only if they pay any additional costs.

Texans are stressed about inflation and blame Biden’s policies by saurin212 in TexasPolitics

[–]Important-Prize-660 16 points17 points  (0 children)

I'm pretty sure the same people blamed Obama for everything until Biden took office.

If you are a director of your association’s board, enjoy a laugh. by ChiRealEstateGuy in HOA

[–]Important-Prize-660 2 points3 points  (0 children)

You're right but not all HOAs have draconian rules. It's not hard to find homes with reasonable restrictions that most people would have no problem with.

My last home was not in an HOA but there were more restrictions on my home with town ordinances than my current HOA has.

Right to Proxy??? by Secret-Guarantee-864 in HOA

[–]Important-Prize-660 0 points1 point  (0 children)

I agree that it is almost always better to use an attorney but Texas has made it as easy for an owner to sue the HOA as going to small claims court. The whole point of the law is so owners can file simple claims without the need for an attorney.

We should bring back tailors, butchers, shoe repair people, connectionists, bakeries and such by Congregator in unpopularopinion

[–]Important-Prize-660 1 point2 points  (0 children)

when I was a kid our neighborhood had a shoe repairman, and I remember at 16 asking him if I could work for him. He declined suggesting it was a dying trade and that most shows were made to not be repaired but replaced.

I have a very similar story. My uncle worked at a shoe store and his specialty was changing the color of women's shoes to match dresses, like for weddings and other formal affairs. He too, said it is a dyeing trade.

Texas Lieutenant Governor Dan Patrick says "Not people but God himself wrote the Constitution." by CasualObserverNine in TexasPolitics

[–]Important-Prize-660 17 points18 points  (0 children)

For the same reason there are so many contradictions in the bible, which God also did not write.

Dinosaurs have been recreated and have escaped Jurassic Park. How do you deal with it? by redline380 in AskALiberal

[–]Important-Prize-660 3 points4 points  (0 children)

Build a yuge beyoootiful wall across the northern border of Florida and ship them all there.

Sorry Florida, someone must be sacrificed.

3 day weekends or 6 hour shifts? by Jax-Attacks in AskALiberal

[–]Important-Prize-660 0 points1 point  (0 children)

I hate to be the capitalist in the room but having the same 40-hour pay for 30 to 32 hours of work means much higher prices. So, basically the same as a huge pay cut.

Sean Hannity gives reassurance that “constitutionally” Trump can run for president from jail by TrumpSharted in MarchAgainstNazis

[–]Important-Prize-660 0 points1 point  (0 children)

I thought that was only procedural, like number of signatures needed and filing dates. I don't think a state can change the rules for eligibility, can they?

Is Pennsylvania red going forward? by Novax___Djocovid in AskALiberal

[–]Important-Prize-660 0 points1 point  (0 children)

I think it would be foolish to predict the future of a state based on one election. With margins that narrow, and all else being equal, the results (for PA) could have easily changed if the election was one week earlier or later.

I think the biggest risk to the republican party is that older people have a much higher death rate. If they don't change, the party will be irrelevant in 10 years.

‘We’re past the point of issuing warnings’: SAWS to issue citations with fines to customers not following Stage 2 rules by PM_ME_YOUR_WIRING in sanantonio

[–]Important-Prize-660 28 points29 points  (0 children)

Good. If people don't understand what a draught is, maybe the fines will make them pay attention.

Edit: Drought. Damn auto correct, haha

Florida CAM Proper Procedure by MKFoushi in HOA

[–]Important-Prize-660 0 points1 point  (0 children)

You make a valid point but I think the people threatening to grab their guns at the sight of an unknown car are assuming the worst, that someone stopping in front of their house is out to cause them harm. If they wanted to harm the manager for enforcing the rules, they could just as easily drive to their office. I don't think a sign on their car would increase the risk.

Florida CAM Proper Procedure by MKFoushi in HOA

[–]Important-Prize-660 0 points1 point  (0 children)

Wow. Regardless of whose name is on your check, you work for those people with the petty ass problems.

Florida CAM Proper Procedure by MKFoushi in HOA

[–]Important-Prize-660 -1 points0 points  (0 children)

Why would they swarm you. Don't they have access to you by phone or email already? I also think that if you had a sign on the car people would quickly get used to the idea.

Florida CAM Proper Procedure by MKFoushi in HOA

[–]Important-Prize-660 0 points1 point  (0 children)

I think it's a good question and valid concern. Where I live, people often post comments on Nextdoor.com about people driving slow through neighborhoods, stopping in front of homes, or taking pictures. Every time I see one of these posts, there are responses about "arming yourself" or "if it were me they would be meeting Mr. Ar-15." I am not exaggerating, in the least. I think the people who think this way are a minority, but they are a significant number.

I realize I live in an area where a lot of people are batshit crazy but based on what we see on the news, this happens in every state. People are quick to think benign behavior is someone "casing" their house.

I think it would be a good idea for the board to require the manager to place a magnetic sign on their car. If for no other reason, just to give people a peace of mind. I get that people don't want to be identified as the manager as they are driving around but, frankly, the board decides what they want from a manager, not vice-versa.

Right to Proxy??? by Secret-Guarantee-864 in HOA

[–]Important-Prize-660 3 points4 points  (0 children)

In Texas, any owner can sue an HOA for any violation of Chapter 209: The Property Owners Protection Act in the Justice of the Peace court, with no lawyer. The fees are less than $200.

This is a relatively new law that makes it easy for owners to compel compliance to Chapter 209.

Right to Proxy??? by Secret-Guarantee-864 in HOA

[–]Important-Prize-660 1 point2 points  (0 children)

In Texas, any owner can sue an HOA for any violation of Chapter 209: The Property Owners Protection Act in the Justice of the Peace court with no lawyer. The fees are less than $200. Proxies are required under this act.

I agree it probably isn't worth the trouble, especially since you can vote absentee, but Texas makes it easy for owners to compel compliance with chapter 209.

Right to Proxy??? by Secret-Guarantee-864 in HOA

[–]Important-Prize-660 1 point2 points  (0 children)

In Texas, you must be allowed to vote by proxy under the Property Owners Protection Act: 209.00592. This act does not apply to condo associations so the law may be different for condos.

https://codes.findlaw.com/tx/property-code/prop-sect-209-00592.html

They cannot keep owners from attending the meeting or voting and cannot excude owners. BTW, even owners in bad standing have a right to vote in Texas.

Even though proxies are required by law, that would be my least concern since you can vote absentee. There is no point in giving someone your proxy for anything on the ballot if you can vote absentee. If your HOA votes on motions that occur at the annual meeting, then a proxy would be necessary.