|
| Thursday, January 08, 2009
|
|
|
|
|
|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
KarenS1
(Massachusetts)
Posts:5
 |
| 06/29/2006 5:35 AM |
|
Anyone here belong to a year round campground ownership park? We have our association and bylaws and are having some issues.
Thanks,
Karen |
|
|
|
|
hoatalk
Posts:490
|
| 06/29/2006 5:50 AM |
|
May I suggest you post your specific issues and questions? This will get you more replies.
Best Regards,
HOATalk.com |
|
HOATalk.com, A free service of Community123.com
Provider of Upscale Community Websites
CLICK HERE to get a FREE trial community website
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
|
|
KarenS1
(Massachusetts)
Posts:5
|
| 06/29/2006 4:12 PM |
|
Our board of directors have the right to fight for the best interest of our association. We are having "residency" issues where some say that people are living here but yet they have legal residences somewhere else. We cannot have a primary residence here. It is forbidden by the state and town.
Do I have a right to oppose the lawsuits? If brought to a board meeting, can the body vote to stop the lawsuits? |
|
|
|
|
RogerB
(Colorado)
Posts:3725
|
| 06/29/2006 6:54 PM |
|
Karen, you ask "Do I have a right to oppose the lawsuits?" The answer is obviously yes. The question is: what law suits and by whom?
I'm not clear on what you mean by "If brought to a board meeting, can the body vote to stop the lawsuits?" If an association intiates a law suit through their Board, the members could vote to try to drop it. If the association is the defendant their Board may be able to stop it by reaching a settlement. |
|
Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
|
|
KarenS1
(Massachusetts)
Posts:5
|
| 06/30/2006 5:53 AM |
|
the board, i guess on our behalf decided to start a suit against pepole they say live here. I guess because they are our elected officials they can start this without presenting it to the body for vote. It is impossible to prove residency since the town does not allow it. the lawsuits are getting in the 20 thousand area if they continue. some of us would like to stop it because it will deplete our capital reserve and cost all of us way to much money.
they have residence elsewhere but spend a lot of time up here. which most people don't have a problem with.
This is why I would like to make a motion to stop all lawsuits.
Thanks,
Karen |
|
|
|
|
SwanB
(Washington)
Posts:194
|
| 06/30/2006 6:01 AM |
|
Well, the issue of residency is something a Board needs to address if the Health Department or zoning of your association doesn't allow full-time residency. The Board's responsibilities include, not only fiduciary but the maintainenance and following of all Federal, State and County laws.
Perhaps the Board needs to be offering more education on the subject before announcing the potential movement on a lawsuit so more members realize the brevity of the situation. This would get more support for their action and less resistance.
What could be turning into a bad situation might actually be a misunderstanding. I would suggest talking to find out why your Board is feeling they need to move forward with an action as strong as a threat of a lawsuit. |
|
|
|
|
KarenS1
(Massachusetts)
Posts:5
|
| 07/01/2006 4:36 AM |
|
Swan, I wish more people were like you here.
The suit has started already and because you cannot prove residency, it is going to be a lengthy case and in my opinion, when a judge looks at out bylaws and sees that the offenders maintain residency somewhere else then he/she is going to say "what are you doing here?"
the bylaws say you cannot set up primary residence here. The town will not allow anyone from here to even apply for it. nobody here can register to vote, car, send there kids to school. this is just a vacation place.
I would like to make a motion to just end it. it is a he said she said case. |
|
|
|
|
RogerB
(Colorado)
Posts:3725
|
| 07/01/2006 6:58 AM |
|
Karen, it appears that some are staying in the park much longer than the Board thinks they should. Is there any restriction in the CC&Rs or Rules and Regulations that has justified a law suit.
It seems rediculus to me to bring a suit when such a problems can be corrected by making simply making a restriction on the amount of time allowed for each visit.
Is there more to this than you know about or have revealed? |
|
Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
|
|
KarenS1
(Massachusetts)
Posts:5
|
| 07/02/2006 5:01 AM |
|
There are no restrictions on time spent here. they sent out an amendment to say we can use it 180 days per year. that won't pass. for 2 reasons, we are in the middle of litigation and we shouldn't change anything yet and this is meant for year round recreation. it would severely impact resale value.
i wish the board could have spoken to these owners before hiring a lawyer and getting this started. This is going to cost so much money.
there is one person who spends more time here than at their primary residence. and yes it comes down to a septic issue. the state or town does not care how much time we spend here.
oh it is just a mess.
thank you for all your replies. you have helped me a lot.
karen |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|
|
|
|
|
|
|