![]() Enforcing HOA Community Rules and Regulations.You know your HOA is responsible, but what HOA legal action can you take? Can an HOA be sued? A t Calabrese Law Associates, we can help you with your homeowners’ association law dispute. Maybe you are trying to do construction work but the homeowners association is refusing to approve your construction project. What can you do if your HOA rules are not enforced or are being ignored? Maybe the elevator to your condo has not been fixed for a month or the landscaping is dead or overgrown. Typically, the goal of an HOA is to ensure certain building and use restrictions are enforced and common areas are well maintained. Residential Real Estate Purchase and Sale AgreementsĪ homeowners association (HOA) is an entity comprised of property owners who live in a specific residential neighborhood or condominium.Appeal of Administrative Government Agency Decisions.Construction Equipment Rental Agreements.Residential and Commercial Construction Regulations.Consumer Protection for Construction Projects.Limited Liability Company (LLC) Formation.Business Sale Contracts: What You Need to Know.The adoption of a new replacement covenant does not require a person to alter the person’s home or lot to comply with the new replacement covenant if the condition of the person’s home or lot was permissible or authorized under the previous covenant.Īs added by P.L.43-2013, SEC.2. (d) A new replacement covenant described in subsection (b) applies only prospectively, beginning on the date the covenant is recorded. (2) adds a new covenant that pertains to minimum lot area or minimum home size. (1) changes an existing covenant that pertains to minimum lot area or minimum home size or (c) A new replacement covenant described in subsection (b) does not apply to and is not binding on property in one (1) section of lots to the extent that the new replacement covenant: ![]() Homeowners association covenants submitted to a county recorder in accordance with this subdivision are considered to be in effect on the date the covenants are recorded. (ii) notwithstanding section 3 of this chapter, the signature of each lot owner has been affirmed before a notary public or an officer of the homeowners association submits an affidavit with the covenants and the petitions that verifies and certifies the signatures on the petitions. (i) the lesser of a percentage of lot owners specified in the covenants or two-thirds (2/3) of all lot owners approve of applying the covenants to all lots included as part of the homeowners association, as indicated by the petitions signed by the lot owners and (B) submit the petitions and covenants to the county recorder if: (ii) a petition to be signed by each lot owner on which the owner indicates whether the owner approves or disapproves of applying the proposed covenants to all lots included as part of the homeowners association and (i) a proposed set of homeowners association covenants that would apply to all lots included as part of the homeowners association and (A) distribute to the owner of each lot included as part of the homeowners association: ![]() (2) Notwithstanding any covenant provisions or bylaws of the homeowners association concerning amendments or revisions to homeowners association covenants, the homeowners association may: (1) The homeowners association covenants may be recorded in accordance with section 3 of this chapter. (b) Except as provided in subsection (c), if the lots included as part of one (1) homeowners association are not all subject to the same homeowners association covenants, new replacement covenants may be recorded by the homeowners association using one (1) of the following methods: (D) that are not all subject to the same homeowners association covenants. (C) that are all governed by one (1) homeowners association and (B) whose first plat and covenants have been recorded in the office of the county recorder for at least fifteen (15) years (A) whose titles have all been conveyed from the land developer (2) at least two (2) different sections of lots:
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