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Recent content by festival

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  1. F

    Boarding dogs in condo

    I'm guessing that other dogs, when left in a strange new place without their owner, will also bark. Looks like you will have an ongoing problem. Is your condominium zoned for business or home-based business? Toronto may have a definition of business and home-based business in their...
  2. F

    Property Management transfers its position

    It depends on the contract with the old and new management company. Some contracts have auto-renewal every year, or for longer periods, and some may have transfer provisions as LdiJ and Zigner indicated. You need to see the contract. Contracts typically, but not always, delegate authority to...
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    Late HOA Fee charge

    By the way, I suggest you pay the late fee before next month. If you don't pay the late fee, then you will have an outstanding balance and they may be able to charge another late fee, just because you did not pay the late fee. That is illegal in some states, but may be possible in your state.
  4. F

    Disturbed neighbor

    What address do you have in your records for the owner? How is he sending in his condo assessments (fees), and what is the return address? To what address do you send the notice of the annual meeting and other communications? The local tax assessor should have the address of the property...
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    HOA in a non recorded subdivision --- Florida

    You're welcome. Three months have gone by. Any changes/updates to your situation? It really helps to get feedback.
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    HOA in a non recorded subdivision --- Florida

    Some suggestions to try: Go to the county or other local government, see what plans have been submitted, get copies, and ask them to help enforce on the developer the street issue, the water mitigation and any other regulation they have for subdivisions and developments. Developers often have a...
  7. F

    Water flooding from Roof and Ground Floor

    If the roof maintenance is the responsibility of the association, and they were negligent, then my understanding is that your insurance should pay you for your damage, because you are not responsible for the maintenance and you were not negligent. Your insurance can go after the association's...
  8. F

    Water flooding from Roof and Ground Floor

    I don't have an insurance background, but I have handled a number of condominium insurance claims for my association. My first claim was perplexing, so I did some research to try to understand the legal background. I found a number of your posts, which were very helpful. I now understand...
  9. F

    Water flooding from Roof and Ground Floor

    You may have been given the condo Declaration by the seller when you purchased your condo, so maybe you already have it in your files? Many counties have a website that has copies of these documents, so you may be able to get it online from the website of the Clerk of the court in your county...
  10. F

    Water flooding from Roof and Ground Floor

    If it was me, I would get out the governing documents and start reading. What are the exact boundaries or description of your condo unit? Are the exterior walls part of the unit, or are the exterior walls/studs common elements? What about the subfloors? These are often outside the unit...
  11. F

    Subfloor ownership in California condo

    I can't see the file (graphic?) that you pasted from your CCRs. The wording you posted is general. You need the actual boundaries. The idea is to show that the subfloor is outside of your unit and is therefore common area that the association maintains. In order to do so, you have to find the...
  12. F

    Subfloor ownership in California condo

    The law you quoted defers to your governing documents, so what do your documents say are the boundaries of a unit or separate interest? There should also be a statement that anything outside the boundaries is common area, and that the owners association is responsible to maintain the common...
  13. F

    Contractor vs Owner Rights HOA Repair

    Yes, it is messy, and probably not worth it. In order to show the excess, the OP would have to turn off the refrigerator and unplug everything else. Still, if the OP really wants to know, read the meter.
  14. F

    Contractor vs Owner Rights HOA Repair

    Learn how to read your electric meter, and your bill, then read it before and after the work. Ask the association for reimbursement of actual usage. Will they reimburse you?
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    What are my chances of winning this case: Installed Hardwood floors that failed sound test?

    I looked around the website of a CA law firm that specializes in the Davis Stirling Act. Not hard to find on the internet. In regard to a defense challenging "reasonableness" I found this: "The criteria for testing the reasonableness of an exercise of such a power by an owners' association are...

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