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Condos are considered common property (joint ownership) outside the inner walls for the most part.
For instance, if an owner has a small fire in their unit and their personal property is damaged they file a claim with their own insurance policy and not the community's. Conversely if the building's roof has to be replaced for whatever reason, that is the responsibility of the Condo association and it's own insurance policy/reserves. Of course, read the association documents for exact details.
Other shared elements may include parking areas/roads, swimming pools, workout rooms, elevators, stairways, outer walls, foundations and others.
I understand condo ownership, but when you take title, I believe it's as an individual or as joint tenant, or whatever. You don't take ownership with the condo, but you must abide by HOA rules to live in a condo.
YOU are the person that has the responsibility of reading, understanding and agreeing with the HOA rules, regs, policies, procedures, etc. of that community. If YOU don't like them or don't want to abide by them, DON'T MOVE THERE. I for one purposely buy into an HOA because I don't want people like you living next door to me. If you cannot abide by rules I don't want you in my life. And YES, HOA residents EXPECT those who live in or buy into an HOA to FOLLOW the same rules we do. If you want to "do your own thing" after living in one, then get on the Board of Directors and take the time to get these rules changed. Good Luck with that, BTW.
YOU can stop with the attitude, thank you very much.
You are assuming this is going to be a big deal, and it probably won't be at all.
Might not be, but I am an always prepare for the worst type.
Quote:
Originally Posted by CarnivalGal
Where you run into issues (or as another poster said, "play with fire") is when you completely disregard the rules and their decisions and p*ss them off.
Point taken, but yeah - that's not what I am doing. I am smarter than that, and more respectful than that.
OP, are you in a multi-story condo or just a single family home in an HOA ?
In your original post you stated "Just bought a townhouse/condo". It's one or the other but not both. I own an end unit townhome connected to 5 others in the same building. In my HOA, technically I own my home but not the land/yard surrounding it. Mine is not a condominium and I am responsible for the cost of any and all roof repairs for my unit. For any external changes to the outside I must submit an ARB request.
If you are in a condo there are more restrictions and hoops to jump through. In the case of a window replacement/change you don't officially own that window, it is considered community property, just like it would be for a community swimming pool. You have to read you community documents carefully before making any changes yourself.
Last edited by dontaskwhy; 12-23-2020 at 07:42 PM..
Former HOA president, vice president, board member, etc., etc. of associations for single family dwellings here.
I'm surprised if any fines exist. Many states don't allow fines anymore. Fines are a waste anyway, as they're near impossible to collect, much as liens are. The associations I was on did their best to work out resolutions with the owners who wouldn't comply with the deed restrictions or covenants. If things went south, and they sometimes did, we turned it over to our association attorney to deal with. There are a couple of ways it can go with this - filing for foreclosure on the owner's property, or suing them for non-compliance.
If there's a monetary issue, like failing to pay assessments, that would usually go to a foreclosure. If the owner has a mortgage the mortgage holder gets really unhappy if there's another creditor nipping at their heels. There's no way the HOA can insert itself ahead of the mortgage holder in the line, but just the presence of a foreclosure action on the books makes lenders very unhappy.
If it's a compliance issue, then it's off to court to sue the owner for non-compliance. In Florida, you sign a document when you purchase a property in a deed restricted community stating that you understand and know the HOA rules and will abide by them. It's a requirement of the sale. When someone is non-compliant and we show up in court with that document, it's pretty much game over. And they get to go home with a bill for our legal fees in most cases, too.
These two approaches worked well. The few that occurred served as examples we could hold up to less than cooperative owners when they started to get ugly. Sure, there were a few that stood their ground on principal, but they lost and ended up with some really serious legal bills, both from the HOA and their own attorneys.
As we would often say, "What's it cost to be "most right"?" On average, about $5,000. Ouch.
My experience tells me that anytime someone moves into an HOA community and starts looking to circumvent the rules, they should have never moved into an HOA community. It will only get worse for you.
It's a sign of the times that people buy a place with HOA CCRs and then get upset that the rules actually apply to THEM.
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