my hoa is shady

i bought my house in 2004, there was not a hoa i never receive a welcome packaged saying these are our due or who where the board memeber, nothing in my deed that stated that there is or was a hoa, in my property sale listing under hoa dues it say 0. now in the past three year a hoa shows up with a property management and they are collecting past dues they have put lien on people homes and they have been very nasty about it. i ask them to give me prove that the hoa existed from 2004 to now and all they tell me is to go to their property management site and look at the documents they put there all is minute meeting and budget from 2010 and 2011.what can i due i have paid them but they are super shady all they due is cut the common area and that is it .

Cristina,

Start by looking through your closing paperwork. There should be something in there about the existence of Deed restrictions and/or a homeowners Association.

Typically, it's the sellers responsibility, not the Associations, to inform the buyer of it's existence.

You won't find anything in my deed that says my property is under an HOA.

Yet, the subdivision's streets and canals and a few properties, the beach, roads and water system were deeded over 'to the people' iin 1929 (who later formed a corporation/HOA in 1948) and it governs the water, roads, beach and community center.

All realtors have been notified that there is an HOA when the secretary sees a FOR SALE sign on the property.

What common areas are under the care of your HOA?

our parking spots, the roads, side walks, the street lights are own by the city.
the the common area is the hoa

Hi Christina:

Look at your Title Insurance Policy and see what it says was attached or affecting the title when you purchased the property. If Declaration of CCR’s is not noted then I would call your title insurance and see what they state.

Hello JanetB:

The more I read about HOAs, the less I want to be in one. Next time, IF, I buy another home, I will make darn sure it has no HOA. I don't care if I have to live with the alligators, out in a shack, in the middle of nowhere. At least I know what alligators can do. They do not discriminate, LOL! Humans are deceitful, treasherous, power freaks, controlling and just plain mean. WELCOME TO THE REAL WORLD!

Cristina

I think we had a conversation on this chat about an "inactive" HOA coming to life.

I believe you have to go back to square one and find out if you did sign HOA docs at or before your closing. I could be wrong, but I just do not see how there could be a legally established HOA and you did not sign for it. Maybe you were not aware of it and/or it has been dormant, but I just cannot believe you did not sign for it.

My suggestion is start with your closing attorney as you have already paid for their services. Just call and ask a simple/naive question like was there an HOA? Do not call and jump/yell, accusing tone of voice, stating the answer you want to hear as part of the question, etc. Just call and simply ask.

If the answer is no, then say well I have a problem here.....etc.

Of course, I could be wrong.

johnD i never sing a papers saying you are part of the hoa never goat a budget sheet or meeting minutes or what are the annual dues i bought my house in 2004 in 2006 i got a letter from a lawyers saying to paid up of they was gonna take us to court. after that we didn't heard nothing. in 2009 we got a letter from a property management asking for 900. everyone i spoke to my neighbors got the same letter asking the same amount . some of the lived in our community since they build it and some for a couple of years had the same amount 900. we didn't pay them any attention cause out of know where they show up. we call them ask them for proof of their business asking them who hire them and they say the hoa did.we ask for all sort of info and their answer where at the time we can provide that information so we as a group decided that it was a scam, then in 2010 we got a letter saying is from the hoa with the property management saying these are the dues sending meeting dates and a budget sheet.then they where demanding pack paid for all of those years .the only thing i see them due in the community is cut the common are and nothing else but collect due our community has 385 homes 20 of them are single homes 180 of them are rented and 205 are homeowners own . i contact the property management for proof of what they are doing with community to show records going back to 2004 to show that the hoa is legit and they give you the run around i had to paid them the money they ask because they put alien on my home and i am up to date with my dues but they have put lien on some people home and not other that have not paid for years.

Cristina - if a lien was put on your property then your HOA exists!!

Your best bet is to attend meetings and try to find out what your HOA board is doing about all those issues you are concerned about.

But move on from this wonderment if the HOA exists - it does!! And you are a member.

i am up to date on my dues . the board members elected them self my community was build in 1987 .there is 184 home who has lien on then including property that the developers own who where the one who started the hoa. who put the lien on these home where the property management who the hoa hired the hoa who show up asking for back paid in 2009 -2010 who are the current hoa.the 900 dollars that became 1500 including their lawyer fee , so they said the dues are 180 a year they got their money for that so i am good until 2013. and i do claim it cause seen the landscaping company come by every tuesday and cut the common are grass cause that is all they do.how i know cause i have ask them who hire you and they had said the mc .my section was build 1991 and then they build another section in 2000 or 2002 and the last section was build in 2006-2007. the next we buy i am gonna make sure that this don't to us ever again now i i know that you can trust nobody.

Christina:

Did you review your Title Insurance? Did they possibly not have an HOA for initial section built in 1991, but added for other sections and someone is possibly trying to force your section? These are questions only yourself or a local attorney might be able to answer.

Here is a link for your state statutes:
http://www.lexisnexis.com/hottopics/mdcode/

Under “REAL PROPERTY” you will find the following act:
TITLE 11B. MARYLAND HOMEOWNERS ASSOCIATION ACT

The Act applies to:

§ 11B-102. Applicability of title and §§ 11B-105 through 11B-108 and 11B-110

(a) Homeowners associations in existence after July 1, 1987. -- Except as expressly provided in this title, the provisions of this title apply to all homeowners associations that exist in the State after July 1, 1987.

If your section was built in 1991, then you should have potentially been notified in the sale documents regarding an HOA as noted in this section:

§ 11B-105. Initial sale of lots in developments containing more than 12 lots

(a) Contract. -- A contract for the initial sale of a lot in a development containing more than 12 lots to a member of the public who intends to occupy or rent the lot for residential purposes is not enforceable by the vendor unless:

(1) The purchaser is given, at or before the time a contract is entered into between the vendor and the purchaser, or within 7 calendar days of entering into the contract, the disclosures set forth in subsection (b) of this section;

(2) The purchaser is given notice of any changes in mandatory fees and payments exceeding 10 percent of the amount previously stated to exist or any other substantial and material amendment to the disclosures after the same becomes known to the vendor; and

(3) The contract of sale contains a notice in conspicuous type, which shall include bold and underscored type, in a form substantially the same as the following:

"This sale is subject to the requirements of the Maryland Homeowners Association Act (the "Act"). The Act requires that the seller disclose to you at or before the time the contract is entered into, or within 7 calendar days of entering into the contract, certain information concerning the development in which the lot you are purchasing is located. The content of the information to be disclosed is set forth in § 11B-105(b) of the Act (the "MHAA information") as follows: (The notice shall include at this point the text of § 11B-105(b) in its entirety).

thanks for the info. i will check my title papers .thank you.

the lighting was put by the town and the town paid the electric bill . we do not have a clubhouse or pool nor maintenance building . we just have common area and that is it .