Jeff Pearl, Full Service Full Time Realtor (RE/MAX Distinctive / LIC in VA)

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Rainmaker
887,947
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

I'm not an attorney. I don't play attorney on TV. All of us however live in the swamp infested with attorneys who advertise on Florida TV with messages like, "Have you fallen while in a store?" "Have you almost fell while in a business?"  "Have you THOUGHT about falling while in a franchise store?"

Based on what I've read in the news over the past 15 years in Florida....the outcome of this will lead to the change of home ownership in this community.

You are suggesting the HOA is NOT the homeowners.

And the answer is YES.

But, it is of interest to note, there are companies that are structured to rescue HOA/COmmunities in distress. It is a takeover in disguise.

Those HOA meetings are boring and distressful. The decisions made at these meetings do have consequences for everyone. Whether the liability comes from litigation, poor construction or even storm damage the buck stops on the front door of the homeowner.  The homeowner pays for EVERYTHING. Whether its a nuclear sub, school resource officer or Braille signage at the art gallery....the homeowner pays for it all.

However, a community under 3rd party management may have additional options.

Next weeks attorney ads will like communicate, 'Has your child ever been scraped, bug bit, bullied or fallen at the playground?" 

Mar 08, 2018 04:54 AM
Rainmaker
4,107,196
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

That's a lawyer question for sure. And I suspect the answer might differ in various jurisidictions.

Mar 08, 2018 04:16 AM
Rainmaker
1,722,050
Lyn Sims
Schaumburg, IL
Schaumburg Real Estate Agent Retired

Don't know this one, hope an attorney pops in to give an opinion.

I will say that HOA boards are unbelievably legally stupid on deciding things on behalf of others.

 

Mar 08, 2018 05:21 AM
Ambassador
3,051,635
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

I won't play attorney here. I've lived with an HOA for the past 30 years. Ignorance is no defense. Homeowners need to get involved and know what their board is doing and not doing.  Could a homeowner who sold be liable.  If they failed to disclose it they sure could be subject to a lawsuit from the new owners.  

I always always always get an HOA document review when representing clients with an HOA. 

Mar 08, 2018 07:32 AM
Rainmaker
5,578,430
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Jeff,

I have no idea.  A

Mar 08, 2018 07:18 AM
Rainmaker
1,227,526
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Lawyer, Lawyer, they need a lawyer.

Mar 08, 2018 06:44 AM
Rainmaker
1,459,427
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Jeff Pearl This is why it is so important to really read the Condo/HOA docs for any impending law suits or major repairs.

Mar 08, 2018 06:28 AM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Foolish to entrust so much in these pseudo govt entities.

I stay far away from anything that is located in one.

Mar 08, 2018 05:57 AM
Rainmaker
1,914,219
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

That's a great question for an attorney. 

Mar 08, 2018 05:02 AM
Ambassador
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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  The ramifications of a ruling like that are staggering. 

Mar 08, 2018 04:26 AM
Rainmaker
4,933,131
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Wow, maybe a good reason not to sit on a Board.

Mar 11, 2018 07:57 AM
Rainmaker
1,669,429
Mike Cooper, Broker VA,WV, MD
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

Wow! That is stunning. I have no idea of the answer, but I look forward to reading the responses. 

Mar 09, 2018 09:03 AM
Rainmaker
4,202,671
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Lawyer up if you are a current or recent past owner. So many issues. Use an expert!

Mar 09, 2018 04:59 AM
Rainmaker
1,518,356
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

It is terrible... There are going to be a lot of properties for sale in that community...

Mar 08, 2018 11:22 PM
Ambassador
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Not an expert here, @Jeff Pearl.

Checking other answers.

Mar 08, 2018 11:18 PM
Ambassador
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Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I think if it is court ordered you will see judgements on personal credit and liens posted against properties.

Mar 08, 2018 07:18 PM
Rainmaker
3,985,855
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Part of the reason I  not like HOAs

Mar 08, 2018 04:45 PM
Rainmaker
1,044,339
Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

I've seen HOAs as well as the property management companies try to do some incredibly STUPID things. 

One HOA through the Property Management company kept harassing me over the parking regulations. I was in complete compliance but they wanted to force me to do something that wasn't in the rules. They would come up with reason after reason. The final straw for me was when the agent at the PM office sent a letter saying that "Cement" didn't count as pavement in the parking lot 

I filed a lawsuit their attorney advised them to settle with me.

Mar 08, 2018 01:11 PM
Rainmaker
555,828
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

This would depend on the governing documents of the HOA and the laws in the state.

Mar 08, 2018 11:15 AM
Rainmaker
1,108,715
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

Yes, they can be held liable and in this instance they are. Pretty cut & dry from what I saw.

Mar 08, 2018 10:37 AM
Rainmaker
5,571,804
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

why are homeowners being held liable... what's the role of the HOA.... crazy stuff...

Mar 08, 2018 10:29 AM
Rainmaker
1,386,168
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Youch!  I hope this gets fought and the home owners can be saved.  Otherwise, many will probably have to sell to have any hope of paying this off.  Or maybe everyone sues the HOA of 100k each.

Mar 08, 2018 10:21 AM
Ambassador
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John Meussner
Mortgages in AZ, CA, CO, DE, FL, GA, MD, MT, NC, NJ, NV, OK, OR, PA, SC, TN, TX, UT, VA, WV - Fair Oaks, CA
#MortgageMadeEasy Fair Oaks, CA 484-680-4852

That's absurd.  An HOA has the responsibility for that.  The association, not the home owners.  The board should be on the hook, specifically those who made the concious decision to not maintain the property.

Mar 08, 2018 09:55 AM
Rainmaker
909,221
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

It may take more legal action to determine the answers to your questions.

Mar 08, 2018 08:50 AM
Rainmaker
6,597,738
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Wow!  A major legal challenge.

Mar 08, 2018 08:38 AM
Rainmaker
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Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Yikes!

 

Mar 08, 2018 08:02 AM
Ambassador
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I have no idea. That's an attorney opinion I think.

Mar 08, 2018 07:39 AM
Rainmaker
1,894,983
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

WOW, what a scary situation Jeff Pearl . I've often thought about condo living when I retire but this sounds like a real good reason to avoid it.

Mar 08, 2018 07:23 AM
Rainmaker
2,640,732
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Litigation will answer your question as well as the costs for same

Mar 08, 2018 07:20 AM
Rainer
69,594
Shawn and Angela Miller
Berkshire Hathaway HomeServices Amabassador Real Estate - Lincoln, NE
Lincoln and Omaha, NE REALTORS®

Wow, that video really gives you something to think about.  Wonder if the individual homeowners insurance will cover it for them?  I have a umbrella policy.  Good questions to ask your insurance agent!

Mar 08, 2018 06:51 AM
Rainmaker
3,329,712
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

It is why a HOA should have insurance for such. I think it woudl depend on state law in that state.

Mar 08, 2018 06:48 AM
Rainmaker
919,073
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

I would have moved long before it went to court - not surprising however, a jury placed blame on the wrong entity

Mar 08, 2018 06:44 AM
Rainmaker
4,799,481
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Yes, I think they can be responsible.  They are the HOA.

Mar 08, 2018 06:30 AM
Rainmaker
577,189
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

If the Board was told on several occasions there were problems, and it needed maintenance, then I think the Board should be liable for neglect.  They were aware of the potential danger and did nothing about it.   But like many other, I'm not a lawyer so the outcome would be interesting to know.

Mar 08, 2018 05:54 AM
Rainmaker
4,433,683
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Legal question. 

Mar 08, 2018 05:50 AM
Rainmaker
710,004
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

Whowzy! That's staggering.

Mar 08, 2018 05:40 AM
Rainmaker
3,069,984
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Will be interesting to see how this plays out...

Mar 08, 2018 05:33 AM
Rainmaker
1,707,423
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

That is a legal opinion we can't render.

Mar 08, 2018 05:32 AM
Rainmaker
821,117
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

The payment has not been imposed yet, but theoretically it's possible. Safety first is a serious issue that should not be ignored. HOA residents should insist on it via their elected boards and be aware of what's going on in terms of inspections, maintenance, etc.

Mar 08, 2018 04:54 AM
Rainmaker
4,036,774
Richard Weeks
Dallas, TX
REALTOR®, Broker

I doubt they will ever collect one penny.

Mar 08, 2018 04:41 AM
Rainmaker
1,525,305
Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

That seems out of line that homeowners would be held responsible for the decisions made by the HOA board without their knowledge. I don't now what the covenants and restrictions state for that HOA, so I have no idea if this can be enforced. I think it would be hard to collect the money from all of the homeowners.  In my opinion, at the very least the homeowners should join together and hire a good attorney!

Mar 08, 2018 04:32 AM