Question RE: HOA

Started by GinaS • 6 replies • 1703 views

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GinaS (Texas)
Posts: 3

Posted:

I bought my property about a year ago, and at that time there was no mention of an exsisting HOA. I just found out a couple of days ago, that there is one, that is inactive and they are trying to activate it without a vote from the home owners. Can this happen? They are putting in restrictions, that some hown owners, can't comply to, structures have been built and shouldn't have to be removed. Also they are advising people to get rid of there animals. Can they do this?????? We all bought the property not knowing this, and how can they activate this without a majority vote? Please advise......

BradP (Kansas)
Posts: 2,640

Posted:

Gina:

First, if the HOA was inactive it still existed, just no one bothered to enforce rules or collect dues, etc. However, I don't think it requires a vote to restart it, just some volunteers that want to do the work.

Second, they just can't add rules that weren't already existing. Check with your Register of Deeds in your county to see if there are covenants on file for your subdivision.

Third, they are going to have an awfully hard time going back and trying to enforce covenants on people, especially if they are going to require structures be taken down, etc. Not to say it can't be done, but if John Doe put up a shed in his backyard 5 years ago and nothing was said until now then I think John Doe would win.

Finally, the bigger question is have they been collecting dues? If so where did the money go? IF not how are they going to determine who owes what?

I think your board or whoever is running it should send out copies of your covenants, if they exist. They should also have an all homeowners meeting to explain what their goals and purpose is and how they intend to achieve them. My thoughts are depending on how long you have been inactive you may have to grandfather in some things that were done instead of trying to make people take down structures. Sound like there should be some informational meetings that haven't and need to take place.

By the way, just because you don't know about an HOA when you buy is not a valid excuse. It seems crummy, but that is the way it is.

GinaS (Texas)
Posts: 3

Posted:

Its been inactive since 2001. They never collected any dues, as far as I know. I have pot bellied pigs, and they have excluded swine. I can have livestock, but not swine. I called the county before we moved to make sure that they allowed the pigs, and they said yes. I would not have moved her otherwise. They are telling me to "rid myself of my pigs", well that is like telling me to rid myself of my kids, I will not do this, and anyway, livestock does include pigs. It just seems as tho this is a dicatorship, and you have no recourse......... is that the case?

BradP (Kansas)
Posts: 2,640

Posted:

Gina:

You need to get ahold of the covenants that were filed with the county when the HOA was born. Those are the rules you will have to abide by, the ones they are just making up now without homeowner approval are not valid. I do your board or whoever is going about this the wrong way, but that is just my opinion. I am sure others here can help you out more.

RogerB (Colorado)
Posts: 5,067

Posted:

Gina, apparently your Declaration of CC&Rs does not require manditory assessments. Plus the HOA has been dormant for several years and not collected voluntary dues. So where will the money come from to enforce restrictions? Plus if you are in violation of restrictions and the HOA members have been aware of this (or could have been aware) for over 1 year they might not have any legal basis for enforcement.

JC3
Posts: 290

Posted:

You and several angry owners could run for the board, win the positions, and then do only the minimum. (hold meetings, rescind some of the unnecessary ccrs, etc. The board might have the ability to add to, delete, or amend ccrs by themselves, or a quorum. You just need to be sure you follow those directions. Find out how few a quorum can be.

You may be able to handle this in a way that you will find acceptible after all.

RogerB (Colorado)
Posts: 5,067

Posted:

Posted By JC3 on 03/06/2007 2:49 PM
The board might have the ability to add to, delete, or amend ccrs by themselves, or a quorum.

The Board can never amend the CC&Rs. It will usually take 2/3 or or more of all owners depending on what the CC&Rs require.

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