New HOA

Started by MarkS28 • 4 replies • 1120 views

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MarkS28 (Missouri)
Posts: 1

Posted:

When we moved in our house there was a HOA registured at city hall, but the neighborhood owner never got it up and running. Our paper work from when we moved in said nothing about an HOA. 3 years ago we got a new neighborhood owner. He got the HOA up and running. I've been paying my dues and have been following the HOA rules. There are a bunch of people in the neighborhood not following the rules. 2 houses have over the hight limit fences, 2 houses have metal kids swingsets, and 4 houses have boats in their driveways. All these are againt the HOA rules. I've emailed the owner about all of this, and all he has told me is that he doesn't have the funds to take legal actions against them.
So my question is, can I take him to claims court and sue him to get my funds that i've paid back, and also get out of the HOA since it wasn't in any of my closing paperwork that I signed when I moved in?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

When we moved in our house there was a HOA registured at city hall, but the neighborhood owner never got it up and running. Our paper work from when we moved in said nothing about an HOA.

Typically, sellers dont mention HOA because people hate them. Disclosure is required by law in only a few states, but even then they dont always do it.

Quote:

So my question is, can I take him to claims court and sue him to get my funds that i've paid back

No. But you can take the people violating the rules to court. If you win, they have to comply. Its a sad victory.

Quote:

and also get out of the HOA since it wasn't in any of my closing paperwork that I signed when I moved in?

No. Just like you said earlier, there was a HOA registered at city hall before you bought. If you didn't see it before you bought, you didn't do your homework aka due diligence. I'm not going to sugar coat it, basically...... you messed up and have no one to blame but yourself. Live and learn.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

and also get out of the HOA

An HOA is like a town. If your house is in the town of Greenville, you cant just say, I want to leave Greenville and stop paying taxes, but your house is in the same spot. Similarly, you cant leave your HOA, your house in in the HOA. So you pay.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By MarkS28 on 09/05/2012 7:37 AM

So my question is, can I . . . and also get out of the HOA since it wasn't in any of my closing paperwork that I signed when I moved in?

It was in your closing paperwork.

Per your posting, you were aware of the deed restrictions on your property when you purchased it and understood that a an Association (inactive as it was) was recorded with the county.

Your funds don't really pay for enforcement.
The funds you pay the Association pays for:
a) The maintenance of the common areas (roads, green spaces, playgrounds, etc.)
b) Services the Association is required to provide (trash, snow removal, etc.)
c) Insurance (Liability, Directors&Officers, fidelity bonds)
d) Bank Fees
e) Administrative costs (PO Box, printing, postage, etc.)
f) Utilities (street lights, perhaps water, etc.)
g) Reserve Fund to pay for planned maintenance/replacement of common elements
h) Contracted Services (audits, legal, etc.)
i) Taxes and Fees

Just as your deed restrictions allow you to enforce the covenants, they typically also allow the Association to enforce the covenants. Similar to you having the option to not enforce, Associations typically have this option as well. Based on your posting, it appears that the declarant (i.e. developer who is currently in charge of the Association)has chosen not to enforce.

As Steve pointed out. Just because the Association chose not to exercise that option, you still have a right to exercise that option.

I know that this isn't what you wanted to hear, but that is how things work with Associations. Perhaps you can volunteer your services to the declarant and serve on an enforcement committee.

Hope this helps,

Tim

LarryB13 (Arizona)
Posts: 4,099

Posted:

Mark,

If your property is subject to a recorded declaration of covenants, condtions, and restrictions (CC&R's) and the CC&R's state that you become a member of the HOA by purchasing the property, then there is little you can do on your own. If you want to get out of the association, you need to either sell and move on or amend the CC&R's, which normally involves getting the approval of 2/3 or more of the other owners. Since it sounds like a developer still owns most of the lots, this is not likely to happen.

CC&R's typically allow individual owners to enforce the provisions on their own with or without HOA participation. If so, then you may sue those owners who have violated the CC&R's to force them to comply. I may be wrong on this, but I do not believe that you could sue the HOA to compel them to enforce the rules as you have the same power to take the offenders to court as the HOA does.

You may wish to send notice to the offending homeowners that they are violating the CC&R's and request that they bring their properties into compliance. A letter from your lawyer would probably get more attention and allow you to remain anonymous for the time being. I do not recommend threatening lawsuits unless you are prepared to file one.

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