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HOA Bylaw Case Study

332 Words2 Pages

I call to your attention that the documents sent in response to my requests are incomplete, at least in so far as the HOA Bylaws are concerned. Note that the Bylaws pdf document begins and ends with "page 3". Missing are pages 1 and 2 which undoubtedly includes HOA incorporation provisions such as officer/director positions, date and quorum for annual meeting, etc.

As a long time condominium owner and board member I take issue with comments made in previous responses from Lynn Gunter and Mark Blake concerning requests for documents. While I agree that prior owners, real estate brokers/agents and closing attorney's should have copies of documents and be able to pass them on to a purchaser at the time of sale, reliance on this practice is not in the best interests of the HOA that is interested in voluntary compliance by property owners. However, in reality, experience shows that owners, real estate brokers/agents and closing attorney's do not provide documents. That reality is attempted to be addressed through the DUCIOA resale certificate form and process. …show more content…

All reasonable efforts should be made to ensure the buyer knows the rules before purchasing and moving-in. Do you really want to go through a long, contentious and possible litigious process with an owner because they did not know there was a deed restriction regarding the storage of boats or campers in the development? For the HOA or management company to rely on other parties to provide documents or to ignore requests for documents from prospective buyers until county real estate records confirm the request is from an existing owner seems short sighted. Are the documents not public records? Do the documents contain proprietary information that warrants restricted

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The Howes at 55385 CR 35 stressed the importance of buying up any property to prevent others from building around us. Now that the Howes are selling, their is no respect for the the declarations of restrictions or the respect of the neighboring properties. Jeffery and Tamela Osborn at 55401 CR 35, Middlebury, IN have tried to purchase the said property parcel D - 3acres on the north of our property for several years and most recent before the Howes listed their home and a portion of their property for sale so we could maintain and mow parcel D. The Howes at 55385 CR 35 requesting the variance never accepted our request to purchase or even told us what they wanted for the property.

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Staff member S.D approached writer with concerns that J.C had been drinking on property. Staff member S.D saw J.C outside the property line and felt that he may have been intoxicated. Writer approached J.C outside and asked what he had done today and he began to ignore the questions and speak about biblical aspects and people who he knew that were actually biblical people. Writer asked J.C again about his day and J.C mentioned that he had been outside walking around the property all day because he was not allowed inside. When writer asked J.C why he was not allowed inside he said that forces above would not let him in because he had been caught reading the bible.

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Hi Tonya, I agree! Adverse possession the owner must meet several conditions. According to the text located on page 549 under section 18-2c, the person must possess the land for a specified period; current owner must have actual constructive notice, the possession must continue uninterrupted, and the person possessing the property must not have legal rights to be there. According to this text, it also specified that these conditions are base by the state Statue. Well done!

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This made by great grandpa the grantor until his death which was then transferred to my great grandma. The property was then given to the next person of future interest, my grandma, she became the life tenant. When she died my dad became the life estate was terminated and my dad became the remainderperson and has fee simple absolute form of ownership. Even though my dad has a fee simple absolute form of ownership, he is still subject to government taxes and could be forced to sell land if he chooses not to pay the ????. He may choose to install another life estate of the property to keep land in family or choose to sell since he has the fee simple absolute form of

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Though I did not know exactly what Downtown Inc. wanted to achieve in this negotiation, I used the information given to determine their general mindset, which seemed to be to maintain the integrity of the houses. Early in the negotiation the seller made it clear that they strictly wanted to keep the property as a residential property this seemed to be in direct conflict with my client’s plans to create a hotel. However, I decided that I would not share this information with Downtown since this would inevitably have led to the deal completely falling through). With all of this in mind, I determined that I would try influencing Downtown to agree to a deal in which the exterior of the houses would remain untouched, and that my client would have free range with the rest of their plans. The seller was still not convinced with my plans and could not use deception strategy and lie to them about our intent and hence hinted them of our plan being more commercial.

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