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Follow on Google News | Tips on How to Deal with Condo HOA'sBy: Fred Mullins Per Fred Mullins, Top Producing Member of Team Mullins at Coldwell Banker Schmitt, "Since everyone in the development lives under the same rules, unit owners can’t devalue neighboring residents by doing something crazy. These are the biggest upsides to HOAs, but unfortunately, there are downsides to living in such a community. If you find yourself running afoul of the association’ ● Try to avoid potential problems. Your first step is to be proactive and comply with the bylaws before you take-on a project. ● Start by carefully reviewing the bylaw rules. There are instances where the board’s interpretation isn’t quite reasonable, or, when the association members are trying to write-in new provisions. For many of rule violations, there are fixes. ● Don’t challenge, but do persuade. Another tack to take is to speak with board members one-on-one in private. Rather than attack, attempt to persuade a few members. Perhaps, you’ll be given an exception or the rule will be interpreted differently. ● Get the board on board by lobbing neighbors. If you’re said to be in violation of the bylaws, perhaps other unit owners are as well. Popular sentiment can be very powerful and when a majority lobbies against certain rules, change can be affected. ● Run for a spot on the HOA board. Owner seated association boards tend to turn over members periodically. If that’s the case in your community, use it to your advantage and try to get yourself elected to the board. ● Challenge the board’s decision through proper channels. Should you not make any headway, it could be worth a try to file a formal challenge to the rule. Understand that this tactic could backfire, causing the board to dig-in deeper. ● Seek the advice of experienced legal counsel. It’s possible that you might have other options available to you. For instance, local municipal laws that the association bylaws don’t comply with, or, entering into alternative dispute resolution. Whatever you do, it’s best to pay your HOA fees and any fines levied against you on time. Otherwise, you in violation and legal action could be taken against you.Fred Mullins, P.A. holds an MBA, B.S., real estate license United States Coast Guard Master Captain's license and commercial pilot's license. With over 20 years of cross functional experience in real estate, international asset management and construction management, Fred's experience places him as one of the top real estate professionals in the Florida Keys. End
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