MarkB17 (Pennsylvania)
Posts: 1
Posts: 1
Posted:
Hope someone can share some advice in how to proceed with HOA issues in our community located in PA. The HOA was turned over to us in June of 2012. The common area has not been deeded over to the HOA yet even though the development is built out. Based on lengthy research I have been able to discern these facts:
There are two mortgages on the common area that were never disclosed in the public offering statement.
The CCR's were never recorded at the county courthouse.
The public offering statement was never filed with the state.
Needless to say, the HOA was not provided with any recorded and filed documents even though PA law says they must be turned over within 60 days after the owners take over.
The developer has not been forthcoming in providing any information. I am aware that we need an attorney at this point, but was hoping someone could tell me that if no documents were ever filed does the HOA even legally exist? Every one of the homeowners signed acknowledgments in their contracts that there was a HOA in place and received a copy of the (unrecorded) public offering statement. I don't believe that current homeowners are legally bound to the HOA, nor does the HOA have any ability to enforce the CCRs.
And one more thing...the roads in the community are private and are supposed to be maintained (including plowing) by the HOA. The land the roads are on is supposed to be deeded to the HOA as part of the common area.
Any help would be greatly appreciated. Thanks.
There are two mortgages on the common area that were never disclosed in the public offering statement.
The CCR's were never recorded at the county courthouse.
The public offering statement was never filed with the state.
Needless to say, the HOA was not provided with any recorded and filed documents even though PA law says they must be turned over within 60 days after the owners take over.
The developer has not been forthcoming in providing any information. I am aware that we need an attorney at this point, but was hoping someone could tell me that if no documents were ever filed does the HOA even legally exist? Every one of the homeowners signed acknowledgments in their contracts that there was a HOA in place and received a copy of the (unrecorded) public offering statement. I don't believe that current homeowners are legally bound to the HOA, nor does the HOA have any ability to enforce the CCRs.
And one more thing...the roads in the community are private and are supposed to be maintained (including plowing) by the HOA. The land the roads are on is supposed to be deeded to the HOA as part of the common area.
Any help would be greatly appreciated. Thanks.