How to fight an HOA violation notice? – Perez Mayoral

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Transcript: 

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The most important thing to go into once someone gets a violation notice is to verify number one that what the board is saying is actually not permitted in your association by and you’re going to do that by looking at either the declaration or the CCNRs or the rules and regulations. You’re going to want to see is there an actual rule that says that I can’t do XYZ? And there’s a more advanced analysis. Was that rule properly passed? Associations to amend the declaration, for example, typically

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need a unit owner vote, typically a majority or supermajority vote to amend the declaration. And what we see a lot of boards trying to get away with is just creating a new rule and regulation without amending the declaration and making a new rule, which legally speaking, if you really look into it, may not be enforcable at all. The basic advice that we give in terms of fighting violations is let’s verify this is actually illegal and then go into the factual inquiry of did you actually violate the rule and what not and go

 

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forth from Yeah.