HOA Problems Need Advice

Started by JeremyJ • 9 replies • 2735 views

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JeremyJ (Tennessee)
Posts: 5

Posted:

I bought this house 4 years ago and was never told about an HOA. After about 2 years living here a person sent a letter saying I haven't paid my dues and they are due. I think it said $75 per year. I called all the numbers and sent emails but no response and no call back. Well never heard anything back and since I could never get my calls or emails answered I left it alone. Now this is my 4th year here and I get a letter 8 months ago saying Apex Ventures bought my HOA and I owe $385 dollars.

I called them asap and talked to them explained I never knew we had HOA and when I got first letter I tried to find out but never heard anything. They said I must have signed papers stating I knew about HOA. I called my realtor and my title company and both of them say there is no HOA here, they said it was dissovled and they found no papers about an HOA at closing nor anything about HOA in the title paper work. I called Apex back and talked to them told them what I said and all they could say was I must have signed papers and they will call me back. Now 8 months later I havent heard from them and I did try to call few times but no call back from Apex. Now they sent letter say I owe $385 and its past due and due by the 10th of August or legal action will pursue. Do keep in mind the HOA does nothing here, no swimming pool, no club house, its city sewer, water, trash. I pay someone for my lawncare. Never been mailed any bylaws or anytihng except for the letters stated above.

What should I do next, I tried to call apex but it just kept ringing today.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jeremy,

I did a Google search on them. Seems like they are a Real Estate company. There is lots of contact information on them if you do the search. I would get really after them to find out what is what.

Apex Ventures Inc Realtors. (615) 255-2703

2409 Cruzen St
Nashville, TN 37211 36.1194 -86.7536

.

JeremyJ (Tennessee)
Posts: 5

Posted:

Thanks and I have that number and a contact info name of Bob Notesine at 615 297 1568 but it seems like I can never get hold of anyone and it seems when I do can get any calls back but I'll keep trying

PetunkaM (Florida)
Posts: 1,009

Posted:

Jeremy,
Now this sounds flaky! The registered agent for Apex Venture is James L. Hodges. No other names. You could alarm your neighbors. Also, search for the ex-HOA name and see what you can find. Link below.

http://tnbear.tn.gov/Ecommerce/FilingSearch.aspx

JeremyJ (Tennessee)
Posts: 5

Posted:

Thanks and I'll check I talked to three other neighbors and one person pays $75 a year on time, the other two haven't paid in almost 2 years since they couldn't figure out where the money was going.

JeremyJ (Tennessee)
Posts: 5

Posted:

I found two searches and thanks for that link. Below is the info but here is something I found interesting, First one dissolved in 1987 and the second record shows 1991 but here is my question and interesting part: If im correct it shows dissolve in 2006 like my realtor and title company said.

2010 Annual Report Due 09/01/2010 10/26/2010 6787-0115
2009 Annual Report Due 09/01/2009 10/14/2010 6779-1836 Detail
2008 Annual Report Due 09/01/2008 10/14/2010 6779-1835
2007 Annual Report Due 09/01/2007 10/14/2010 6779-1834
2006 Annual Report Due 09/01/2006 10/14/2010 6779-1833
2005 Annual Report Due 09/01/2005 10/13/2010 6779-1832
Dissolution/Revocation - Administrative 01/06/2006 ROLL 5637

Full record info below:

Name: RICE HILL HOMEOWNERS' ASSOCIATION, INC.
Old Name:

Business Type:
Status: Inactive - Dissolved (Administrative) Initial Filing: 03/27/1986
Formed in: Davidson County Delayed Effective Date:
Fiscal Year Close: March AR Due Date: 07/01/1988
Term of Duration: Perpetual Inactive Date: 12/31/1987
Principal Office: 1233 REELFOOT CIRCLE
NASHVILLE, TN 372170000 USA
Annual Report
Mailing Address: 1233 REELFOOT CIRCLE
NASHVILLE, TN 372170000 USA
AR Exempt: No
Shares of Stock: 0

Name: RICE HILL HOMEOWNER'S ASSOCIATION, INC.
Old Name:

Business Type:
Status: Active Initial Filing: 05/08/1991
Formed in: Davidson County Delayed Effective Date:
Fiscal Year Close: May AR Due Date: 09/01/2011
Term of Duration: Perpetual Inactive Date:
Principal Office: 2409 Cruzen Street
Nashville, TN 37211 USA
Annual Report
Mailing Address: 2409 Cruzen Street
Nashville, TN 37211 USA
AR Exempt: No
Mutual Benefit Corporation: Yes

JeremyJ (Tennessee)
Posts: 5

Posted:

Found this out on that site as well.

Reinstatement 10/26/2010 6787-0116 Detail
Filing Status Changed From:Inactive - Dissolved (Administrative) To:Active
Inactive Date Changed From:01/06/2006 To:No Value

PetunkaM (Florida)
Posts: 1,009

Posted:

Jeremy, when the real ‘Rice Hill Association, Inc. was dissolved, Paul Johnson 1233 Reelfoot Circle was the registered agent. Does he still live there?
The flaky Rice Hill is NCorporation (Mutual Benefit Corporation). I do not know that term. Registered agent is Nicki Clark. Same address as Apex.
Robert Notestine is on 109 Kenner Avenue and he runs a company named Belle Mead Title and Escrow, but probably operates under ‘ Affordable Closing and Escrow Services.’

I cannot do anymore because for some reason, the system will not let me view any annual reports for these companies.
I do believe that you have nothing to worry about. But perhaps filing a complaint with the secretary of state attorney’s office would end this non-sense. Or, you can pursue other avenues.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Go to your Records department and find out what is on file there at the county courthouse. No one is responsible but yourself to be informed about the HOA. It's not the realtor, mortgage company, lawyer, or HOA etc... There is no one sitting around waiting to send you a copy of the Convenants and Restrictions, By-laws, or Article of Incorporation (State level). So I would recommend you talk to your neighbors and do some leg work.

Ignorance is NOT bliss when it comes to knowing or NOT knowing a HOA exists. You still have to pay. So I'd make some preparations of worse case to pay up. If it's not a good company then you can sue them for the money..

Former HOA President

PetunkaM (Florida)
Posts: 1,009

Posted:

Melissa,

are you ok?

___

Hi Jeremy,

I forgot to mention that I came across an interesting article you may want to read: Is there HOA? (link below)

‘In Tennessee, the law is well established in that: “… an owner of land is not bound by covenants restricting the use of the land by his remote grantor, when such covenants do not appear in the owner’s chain of title and when he had no actual notice of the alleged covenant at the time he acquired title.” [Arthur v. Lake Tansi Village, Inc., 590 S.W.2d 923, 930 (Tenn. 1979), quoting Land Developers, Inc. v. Maxwell, 537 S.W.2d 904, 913 (1976), citing Yates v. Chandler, 162 Tenn. 388, 38 S.W.2d 70 (1931).]’
Unfortunately, the ‘Office of the Register of Deeds’ does not let you search for any info. Also, note the’ flaky’ HOA is spelled ‘Rice Hill Homeowner’s Association, Inc’. The original was ‘Rice Hill Homeowners’ Association. But, never mind that.

http://www.usfn.org/AM/Template.cfm?Section=Home&C16159&SECTION=Article_Library&TEMPLATE=/CM/HTMLDisplay.cfm

http://www.nashville.gov/ROD/

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