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Condo | HOA Lawyers

Restrictive Covenant

What Happens When All Committee Members Resign, Refuse to Act or Move?

This issue arises more than one might suspect. Because of association apathy, many committees go unfilled and often even boards don’t have members.  The results of this apathy could be much different than you would expect. Facts.  In a 2017 case, the relevant property “was subject to a 1996 restrictive covenant that required the approval […]

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Solar Panels – What Your Association Should Do When Someone Requests to Install Them

When faced with a request by a homeowner or condominium owner to install solar panels at your association, your Board needs to determine a number of things: Whether there are restrictive covenants or rules that prevent the installation; What “solar access rights” if any exist under their state’s laws; What if any restrictions the Association

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Architectural Control Committee – Why It’s Needed!!!

Problem What do you do if you want a detached garage but your documents don’t allow it? Facts Plaintiffs sought to enjoin the construction of a detached garage in their association on the grounds that it was specifically prohibited by the declaration. However, the declaration provided a procedure for review of any proposed structure that

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