FEES for not being a member........

Started by MikeT3 • 9 replies • 1481 views

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MikeT3 (Pennsylvania)
Posts: 13

Posted:

I moved into a developement in 1992, at that time it was split up into 3 sections, North, south, west. The south and west were under an association. They paid dues for main., snow removal. All the roads were owned by a management company which some owners paid and some didn't. So of course things were not getting done. Now the south and west purchased the roads in those areas and left us abandoned as did the previous management. But now I have to ingress and egree thru their road to access a public road and they want all the 43 lot owners to pay $250 dollars for 1 mile of roadway to the public street, which is a members fee is $250. The NORTH only has 7 full time residents, We do the maintenance and the roads are dirt. Thier roads are chip and tar.I feel like I'm or were forced to pay for something and get nothing in return.The HOA in question owns 6 miles of roads and thats all their common areas, Their members total 130. $250 times 43 for 1 mile, Talk about unfair......... Any HELP would be very appreciated. Thankyou all

hoatalk (California)
Posts: 603

Posted:

Interesting situation....What are they saying will happen if you don't pay?

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MikeT3 (Pennsylvania)
Posts: 13

Posted:

Going to local court and see where the chips fall with an attorny.

DJ1 (Ontario)
Posts: 798

Posted:

Will be interesting if you would be deemed to have an easement or riparian or squatter type right to use the road since you have for years.

LanceT (Alabama)
Posts: 121

Posted:

Here's a question for you... Do you want road improvements? If you don't want any road improvements and like the way things are with your roads, then don't pay. Why change something that doesn't need improving?
However, if you and your neighbors want better roads, you may need to join the HOA OR ask for a "Special assessment" in which everyone contributes EVEN amount of money to do the improvements. (Something I suspect is what really is wanting to be done).
The problem is that your road are "Privately Owned". That means that the owner or all the invested parties (HOA or your neighbors) must pay to maintain the roads. The GROUP of owner's or private owner MUST decide as a group and pay as a group to do with those roads as they may.
If your roads were "Public" then the responsibility for the roads would fall under ALL the taxpayers in your state/county/city. However, that also means that ALL the residents are subject to the PUBLIC LAWS that apply to every other public road. (Speed limits, road signs, parking restrictions, etc...)
So this really depends on what you and your neighbors want to see done. That may mean "kicking in" and paying for the work to be done or voting to turn the streets over to the city/county to go public. Instead of being upset and frustrated with the situation, why don't you work on a solution that involves a resolution?

Recovering Ex-President of a HOA

JoeW1 (New York)
Posts: 728

Posted:

Posted By DJ1 on 01/31/2007 7:21 PM

Will be interesting if you would be deemed to have an easement or riparian or squatter type right to use the road since you have for years.

Adverse Possession is the technical term for squatter's rights. To claim land by squatter's rights, use of the land would have to be for 20 years (in some states) and go unchallenged by the rightful owner.

In MikeT3's instance, his use (ingress and egress) has been challenged by the south and west sections within the 20 year period. He'd have to see what his state requires for adverse possession to take effect.

JoeW1

MikeT3 (Pennsylvania)
Posts: 13

Posted:

The HOA doesn't want to talk with us now, nor before when they started the HOA. They just want $250 from 43 lot owners for traversing over their road, like I said 1 mile. And if you own 2 lots, they double bill you $500. If they asked us to join my guess everybody which is 7 residents would of agree to $250 if that meant they would maintain our roads like theirs, but they don't want to,thats why they didn't purchase our roads from the managment company.So now we have to hire a lawyer to sort this out, because they sent us certified letters to appear in court. I guess thats their medation.

LanceT (Alabama)
Posts: 121

Posted:

I am not sure your grasping what a HOA is. Your treating the HOA as if they were a "They" or a "Them". A HOA is really your neighbors who have agreed to "pool" their money/resources together for a common unified goal. (Whatever that goal is).
That "If you own 2 lots they double your bill". Isn't exactly true. It isn't a "bill" your paying. It's a "SHARE" of your association with the other homeowners. In other words, a HOA budget acts like a "Kitty" in poker. Everyone at the table (neighborhood) chips in and then the money is divied out amongst everyone at the table. You could be the one holding all the chips or the one without a shirt!
Your 7 homeowner's you referenced could be considered a "HOA". It's a group of homeowner's willing to pay out a certain amount of money to achieve a similar goal.
I say so what if the other "HOA" doesn't agree to keep the upkeep on your roadway AFTER they raised the money to do so. If you and your neighbors aren't chipping into their budget for the maintenance I sure wouldn't want to pay out either.
My suggestion is that everyone agrees the work needs to be done. Decide on the budget and setup what future amounts need to be paid to keep the maintenance up without requiring everyone to be in the HOA. I am sure everyone is willing to chip in their fair share for the work to be done without having to be bound together on every other decision in the neighborhood.

Recovering Ex-President of a HOA

RogerB (Colorado)
Posts: 5,067

Posted:

Mike, why don't the homeowners in the north join with the south and west to form one association under the same Declaration? If the roads are a major portion of expenses this would seem to be a reasonable solution. Of course you may have to chip and tar your roads first

MikeT3 (Pennsylvania)
Posts: 13

Posted:

I appreciate everyone's responses to my situation. Lance- I am grasping what an HOA is. This HOA is part of a once joint development (north, south and west). Since the HOA bought the rights to the common areas (roads only)in 2001 they combined the areas of the south and west developments, not the north where I live. Road maintenance ends at the entrance to the north section. We are NOT members of the HOA and were never asked to be members. The HOA made us a "satellite development" since they did not purchase our roads. We simply use one mile of their common area for ingress/egress and are being billed $250 per lot per year. The same holds true to other "satellite developments" who use 3/10 of a mile to access their properties. We are not provided the services that the south and west sections do (garbage pick-up, cable service, mail delivery) but are expected to pay the same fee. The entire public has full access to these roads as well and are not required to pay. We have tried to negotiate with the HOA to no avail. One example of how they are willing to "work with us" on this matter, a letter received from them stated "Please take into consideration what could happen if access was denied to your property as a result of unpaid fees". One may consider this a threat of landlocking a property owner. Correct?
I appreciate any and all comments.

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