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Old 03-13-2024, 07:38 AM
8,673 posts, read 22,905,462 times
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Originally Posted by Mightyqueen801 View Post
Is your Townhouse not a condominium? What type of ownership do you have, then? Co-op?

Our condo is mostly townhouses with one-story "ranch" styles every few units.
The disbanded HOA where we (our lot) was not annexed into the CCR and By-Laws was a very uptight single family HOA. My current ownership is TH.

I lend in all 50 states and it's been a trip, whether Condo, TH or Co-op ownership. I have a current loan in Florida, borrower already lives in the community and buying another unit in the same development. He just found out, even though he lives there, he needs to go before the BOD for the approval process. It's probably the most ridiculous thing anyone in the transaction has heard of - a $280 money grab. Yet, he can put anyone he likes in his unit he plans to rent out.

Condos need to be more cohesive than other HOAs, but their powers, if not kept current with the times, quickly diminish. Here is the court case that has set the tone in Virginia for the past decade: https://www.washingtonpost.com/blogs...91d6_blog.html If you google "Shadowwoods condo Reston court ruling" court summaries appear - I think I found a link around the subscription requirement - I tried.. It's good reading for anyone involved in HOA life, in any capacity. HOAs around here have lost much of their so-called powers.
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Old 03-13-2024, 01:09 PM
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State Laws do indeed vary, but you really need to start any research on a specific property by obtaining and reviewing the Governing Documents for that specific project. They will indicate what type of project it is...a "condominium regime", "planned community" (or HOA), "co-op" or whatever other designation your State allows. States usually have different Statutes for each type, with differing requirements. Here, we have 514B for Condos, which is fairly comprehensive; and 421J for HOA's and Co-ops, that is much LESS comprehensive. The individual project Governing Docs must adhere to the proper Statutes as a minimum baseline.

For example, here in Hawaii, there would be "Articles of Incorporation" or a "Corporate Charter" that create the legal entity of "Main Street Condo Regime", or "ABC Co-op", or "Kahala Home Owners Association", this legal entity is typically designated as a "non profit corporation", although that is not a requirement. Also be aware, as a "Corporation" any type of project likely also falls under yet another layer of State Statutes that apply to their operations. Here, those are referred to as "Hawaii Administrative Rules" and also the "Non profit Corporation Act".

Depending on the type of project, a "Declaration" will typically detail the elements that make up the physical Owner units and identify the "common" elements.

"By-Laws" are often a separate document, which will describe the meeting process and requirements for quorum and voting, as well as the Board's "powers and duties". Overall operational guidelines will generally be broad in nature, leaving the details up to the Board's determination. There will also be a mandate to "maintain" the common areas, as well as the granting of authority to collect funds from Owners to accomplish same. Late fees, as well as Monthly Maintenance Fees and Special Assessments may be regulated in some manner within this document.

"House Rules" are usually more or less specific to a project, and depending on what is stated within the other Governing documents, may be modified based on limitations indicated therin.

Some projects may combine some or all of the above into one "Declaration of Covenants, Conditions, and Restrictions".

However they may be presented, understand that they were originally drafted in the early stages of the project by the Developer's team. They are not, individually, a Statewide document or template, but instead are quite individual to each project (and, to a lesser extent, to some "boilerplating" by the individual Attorneys that drafted them). Never assume your project has the same rules or responsibility as another project. You must review the specific documents, WITH ANY LAWFUL AMENDMENTS MADE LATER. As far as I am aware, ALL original Governing Documents, and all properly documented Amendments, are recorded and available wherever your land Titles are recorded. Do not assume that any un-recorded document is VALID. Boards or Individuals simply cannot just create new documents, amendments, or rules without following the process that IS detailed in those originals.
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