Do I have to join the Association?
It depends on whether it is “voluntary” or “mandatory.” Membership in an association is typically mandatory if the restrictive covenants are recorded in a property's chain of title. But some neighborhoods (very few) have less formal voluntary associations, generally with less power than mandatory associations. Regardless of whether it is mandatory or voluntary, if you are a member of the association, typically you will have a voice in its operation.
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I received a violation letter in the mail. Why is the association telling me I need to maintain my property? What gives them or you the right to tell me what I can do on my own property?
When owners purchase homes in homeowner and condominium associations, they contractually agree to become part of an association of their fellow owners, all of whom are bound by certain governing documents. Some of these documents are filed with the ...
I want a copy of the Declaration of Covenants, Conditions & Restrictions, Bylaws and any other rules of the association. Where can I get these?
CLOSING AGENTS/REALTORS: These must be ordered from our website at www.CommunityAssociationManagement.com by clicking on the "Realtors, Appraisers, Agents, Lenders & Insurance Documents" link. HOMEOWNERS: These documents may be downloaded from your ...
Do I have to pay Association dues?
If your association is voluntary (most aren't), then any payments necessary to maintain membership are also voluntary. However, if membership in the association is mandatory (become a member by purchasing your home), you must pay all lawful ...
What are Covenants and Restrictions?
Restrictive covenants are provisions in a deed limiting the use of the property and prohibiting certain uses. They are similar in effect to equitable servitudes, but restrictive covenants run with the land because the restrictions are contained in ...
What can I as an owner do if the association is not performing its duties or if other owners violate restrictive covenants or bylaws?
Your remedy is to sue the association and/or the offending property owners in court for an order compelling them to abide by all lawful covenants and bylaws. But remember, these are private rights of action that you must assert on your own. No ...