Rule 1 is too vague to stand up in court, according to rule 1, they could turn down a sale "because we don't like the buyer/seller" In order to stand it must specifically state the reasons that the association could turn down a sale (and they have to be legal)
What's up with rule 6, why do they need to run a credit check? They're not supplying the mortgage. It sounds like a reason to keep *ahem* "undesireables" out. Charlie Griefer wrote: > Unfortunately, I think it is: > ==================================== > SECTION J - SALES > > Unit owners who desire to sell a condominium unit will be governed by the > following: > > Rule 1. A condominium or garage unit shall not be sold without the approval > of the Association > Rule 2. A completed application form to sell must be furnished to the > Association > Rule 3. A copy of the sale agreement should be furnished to the > Association, not less than 30 days prior to the closing date. > Rule 4. A copy of the current rules and regulations must be furnished to > the buyer(s). The Board of Directors also requires the buyer to meet with > the Board's Orientation Committee to review these Rules and Regulations and > sign a buyer's acknowledgment receipt prior to Board approval of a sale. > Rule 5. The owner must furnish the buyer with a copy of the Declaration of > Condominium Ownership > Rule 6. The buyer must furnish the Association with a fee for the > Association to secure a residential mortgage credit report on the buyer. > Rule 7. The owner must furnish the buyer with a Frequently Asked Questions > and Answer Sheet. > Rule 8. Any sale is subject to Article 18 of the Declaration of Condominium > Ownership. > ==================================== > > Looks like Rule 1 screws me right off the bat. Trust me... I'd love to > think I have some legal grounds for trying to recover the $ I've lost and > the damage to my credit over the past 2 years. But I don't think that's the > case. > > Also, they're not shy about using a lawyer. Last March I finally decided to > stop paying the mortgage and the HOA. I've been contacted a number of times > by their attorney regarding the past due HOA fees. > > > On Fri, Feb 6, 2009 at 11:41 AM, Scott Raley -ITC <[email protected]>wrote: > > >> If it ain't in the covenants of the HOA they can't do anything. I've been >> there and I stood up to them because they couldn't show it in writing >> (covenants) then they couldn't do anything but sue me. No one wanted to >> waste their due fees to pay a lawyer to talk to my lawyer. Their issue was >> what I was using my backyard for. Doesn't matter, only thing in the >> convenants is the front yard/driveway and yet again what I was doing >> couldn't be seen because of everyone's privacy fence so.. so go tell the >> HOA you'll sue them for the money you have lost for 2 yrs plus the price of >> the house if this falls through and then the HOA will own a house on the >> block. New community association clubhouse. >> >> > > -- Scott Stewart ColdFusion Developer Office of Research Information Systems Research & Economic Development University of North Carolina at Chapel Hill Phone:(919)843-2408 Fax: (919)962-3600 Email: [email protected] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Adobe® ColdFusion® 8 software 8 is the most important and dramatic release to date Get the Free Trial http://ad.doubleclick.net/clk;207172674;29440083;f Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:287607 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5
