HELP...Confused in Ky

I bought my home a year & half ago. Yesterday I get a email from a neighbor that I've only spoken to a few times, about the neighborhoods HOA rules. I sent him a email back letting him know that after living in the neighborhood over a year that this was the first I had heard about a HOA. When I bought and moved into my home I was not given any thing about a HOA, nor did anyone come tell us about a HOA. I've never been asked to pay any dues nor have I been told of any meetings. It's a neighborhood with less then 15 homes and the homes are 20+ years old. I've tried search for laws/information about Ky HOA's....but that's confusing. I've tried searching for my neighborhoods HOA but I've found nothing.

I have no problem being apart of my neighborhood HOA but first I'd like to know the laws concerning my state/city/county HOA's...in terms I can understand. Can a HOA have meetings without notifying the neighbors? Can I ask for the minutes from past meetings? What are Bylaws and does every HOA have to have Bylaws? Can I ask for a copy of the bylaws. Can I ask for a copy of the treasury report and ask what the HOA dues are used for? Can I ask how my HOA board members were decided? What questions should I ask and what documents should I ask to see?

I guess what I need is a crash course in my state/county/city HOA laws. I don't want to sign or agree to anything without first knowing & understanding what I'm signing and agreeing to.

Thanks!

Melissa in some states its the sellers responsibility. It's called disclosure. How does a buyer know to go to the court house to get documents if they don't know there are documents that exist. Believe it or not this happens to people. They do not know about an HOA even existing until somewhere out of the blue some neighbor contacts them about it months after they move into their house. This is what happened to me and my husband. A neighbor/board member called me on the phone to tell me I owed them $5,000. You are quick to blame people for their lack of knowledge but that knowledge has to be communicated to people BEFORE THEY PURCHASE THEIR PROPERTY!!! Sorry but this is a very sore spot with me. Blame the victim.

Angie,

Sorry my first post to you wasn't a bit helpful. I would first ask the neighbor some questions.

1. Are there deed restrictions and covenants? If there are deed restrictions, you should have definitely been given a copy of those at closing.
2. Is the HOA active?
3. Are there common elements in the neighborhood that everyone pays a portion to maintain? If so, what are the dues and how often do you pay them?
4. Is there is a board of directors?
5. Are there meetings of the board of directors and members? If so, how often?
6. Is the HOA incorporated as a nonprofit by the state of Kentucky?
7. Does the HOA have a property manager?

Your neighbor may not know the answers to these questions. Then ask for a name of a board member to call.

You should also check with the county courthouse for documents. In Iowa they are recorded in the county where the property is located and filed in the recorders office.

Did you buy your property with a real estate agent? You might try calling the agent and asking if they know anything about an HOA in your neighborhood.

Hope this helps.

So, the seller doesn't have to tell me that the neighborhood has a HOA? The neighbors don't have to tell me they have a HOA? I don't have to be told of any HOA meetings? I do know that on the sellers information about the house no HOA is listed and when my realtor done a search for a HOA in the neighborhood, he found nothing. The sellers of the house did send out a email to all the neighbors telling them that we had bought the house, along with our names, telephone numbers, & email address. I went and searched all those emails and no mention of a HOA.

We were the first new neighbors in the neighborhood in 15 years, so they weren't happy to see new people in the neighborhood. I was told prior to buying my home that the neighbors were 60 yrs old & up and the neighborhood had no children. I'm the only house with children and they range in age 4yrs to 10yrs.

Maybe it was started after I moved into my home....but wouldn't the person who started it have to notify all the neighbors? It's a 1 street neighborhood with 1 way in & 1 way out. If signs were posted about HOA meetings or anything concerning the neighborhood, it's not as if someone could miss them.

I can't go to my local courthouse to get that information till Monday. Until then I'll keep searching online trying to find the information. I did find a website that list HOA in my zip code but mines not listed.

I'm not anti-HOA, and I'm not saying I don't wish to be apart of my neighborhood HOA. Once I learn more about HOA's I wish to be a active part of my neighborhood HOA and get to know my neighbors better. The neighborhood might be small and some of the neighbors might have their own little "clique", but it is NICE and I too want to see it remain NICE. I was confused at how after living here for over a year, I'm just now told of our HOA. The email I was sent was "warning" me that I might be violating a HOA rule...but it wouldn't be a violation till 6 hours past. If this is a so called HOA rule, then what about the 2 neighbors that violate it every day for longer then 6 hours? Can certain HOA rules be for certain homes/neighbors or would they have to be for everyone? I just want to educate myself on my state/county/city HOA laws because I don't want to be apart of a HOA that doesn't follow our state/county/city HOA laws.

some good advice already given, here's some of mine I hope is good.

Ask, kindly, all the questions you are asking here. If there is an HOA, and the claim is your are an owner, then yes, they have to provide you with ACCESS to the rules/regs/CC&R's/Bylaws. there may or may not be a fee to copy/provide your own personal copy, but you can at least SEE them for free.

ask about meetings, ask about the type of HOA, ask who is on the board, ask how long they have been serving, ask ask ask. Not "Tell me or I will sue" type asking, but "Wow. There's a lot to learn. What can you tell me about this? And that?" You are seeking information, just trying to understand, and the more data you get, honest facts in hand, the better everyone will be.

Many times the buyer gets all the HOA paperwork shoved into the six inch thick packet of closing papers they signed, then put in a file cabinet. YOu might want to recheck that package again, to see. It may not be there either, but it's worth a check, and it's in your hands already, so it's free to look.

As much as I dispise HOA attorneys, Bruce is absolutely correct.

A real estate attorney is great bang for the buck when purchasing a home.

Got a little scared, so I called the bank that handles my home loan. They're the only ones holding a lien on my home...so that's good. The guy was super nice and answered all my questions...at least the ones he could. He says that since we went through that bank, they have their attorney to do a search to see if properties they're giving loans on have a HOA. Plus, they do a title search to make sure no one has any lien on the property. He said they've not had a good experience dealing with HOA and they don't like to give loans where a HOA is involved.

Okay, that's one less worry I have.

Angie even if you are in an HOA there are two types - Voluntary & Mandatory - if you have a mandatory HOA you have no choice on whether or not you belong. It is stated on the deed (at least in OH) whether there is a HOA and if must belong. The deed restrictions or Covenants should be on file with your County Recorders Office and may often be viewed on-line. The Corporation that is the HOA must be registered with the KY Secretary of State's Office and that information is often available on-line. The By-Laws are a requirement of the corporation and are sometimes filed with the Covenants but not always. The Covenants state what is required (like elections of trustees) the By-Laws state how the elections happen.

Since you state no one has been looking for assessments, this is very worrying to me. It either means you somehow fell through the cracks or the HOA is for one reason or another not functioning. This can happen in a myriad of ways but only one of them protects you. The corporation could have failed to file a report or pay a fee to the Secretary of State's Office and the corporation been administratively dissolved, this does not remove the deed restrictions. The owners at the time could have decided they didn't want to be bothered and just let it go, this does not remove the deed restrictions. The owners at the time could have followed the Covenants and legally disbanded and got rid of any common areas.

Why this is important, if the deed restrictions are still in place even without a viable HOA, any homeowner could choose to take any other homeowner to court to enforce them. IF the HOA has any type of common areas like an entrance marker or a storm water retention pond and someone were injured or killed on the property; without the corporate shield and I'm assuming if they are not collecting dues they have no insurance, then each and every homeowner could be sued individually.

Would it be possible Angie rather than heading to the courthouse looking for paperwork and killing the day that you send a message to the owner who e-mailed you in the first place?

I was wondering if you might provide me with some additional infomation about the HOA?

Is there a Board in place?
Do they hold monthly or annual meetings?
How many Board members are there?
Would it be possible to contact them to get some answers?

Do you have any paperwok I might copy regarding the HOA?

Thank you.

Seems to me you might collect more information before you hit the panic button. The fact no one has contacted you in over a year raises many questions as to the status of any HOA that might exist. If one in fact does.

If you have a voluntary HOA in place the affects on your ability to live life would be minimal.

I would doubt there is a mandatory HOA in place.

Start with the neighbor who wrote you the e-mail. I hope their message was not to shape up or ship out. Might be tough to get more information in that case. Perhaps they might give you what you need or get you in touch with someone who can answer your questions.

Good Luck and RELAX.............

Angie tap your brakes and relax.

To be as simple as possible the answer to most of your questions would be found in the documents that govern any HOA that might exist on your property.

Hence my suggestion you seek to gather more information which would provide you answers to the questions you now have.

Can a Board member reside off the property and still hold office in many cases YES.

Can a Board President do the same??? In many cases YES.

But IMO better to gather the documents that govern your property IF they in fact exist and read them rather than forming endless questions some of which might not pertain to your property.

Good luck.

I've sent the neighbor a list of questions concerning the HOA, I'll see if he replies with all the answers.

Angie

Do slow down. It is possible there was never an HOA. It is possible someone is trying to start one.

One thing at a time. Get back to finding out if there are covenants/deed restrictions as in attached to the deed. Deed restrictions are not a lien. First things first. Find out about the deed restrictions. Yes some are online but a call or visit to the County Registry of Deeds could be quickest.

As far as the banker, unless he pulled a copy of the deed as you talked, his answer was a get out of my hair answer. Same with the realtor. They both have your business/money and now they want you to go away. You are asking all and anyone (including on this chat) versus taking the matter in your own hands.

I admit I am also at the point of wondering if all this is "true".

No covenants/deed restrictions is attached to the deed. Yes, he did pull a copy of my deed and even sent it to me via email. My hands are tied till Monday, when I can go to my local court house and see if my neighborhood does have a HOA. I've searched online for answers to my questions but got more confused. Sorry I asked so many questions. I thought maybe I could find answers that I could understand here.

Like I said before....I'm not anti-HOA. I just wanted to find more information on HOA's. I was just confused as to how I could live here for over a year and not know or hear about a HOA.

Someone was at my home looking at a car I was selling. My husband came home from work and instead of pulling in the driveway and blocking the person here to see the car were selling. He pulled the car into the dead-end area of the street, across from my driveway and not in the way of any other neighbor. Less then 20 minutes later all of our cars are pulled in our garage. I come inside my house and get my lap top to check my emails....my boss is always sending me emails. I discover a email that says...HOA Violation and I see it has my neighbors name.

The email says....

Green car parked on road at 6:17pm

Due to the Deed or Restrictions for our neighborhood association, all cars parked on Road longer than 6 hours at a time,is subject to removal. Please comply. Your board of directors. This email was sent at 6:22pm

I was surprised that they would send me a "warning" with the car only being parked in the location for 6 minutes. It's not as if we had parked in the road before. I was also surprised to find out that the neighborhood had a HOA. If I could be sent a email about a violation then why not send me a email telling me about the HOA or letting me know about HOA meetings. If I'm not told of the HOA and it's rules, then how am I to know what's okay and what's not.

Now that I do know this HOA rule....I'd like to know why it's okay for 2 other neighbors to park in the street, where they make it hard for myself and others to get to my house. They've had to be asked several times to move their cars, so myself and other could get to my home.

It sounds like your common property could be the road. That would make sense if they are sending you warnings about the car in the road or not parking in the garage. I would then think that the dues collected are going toward the maintenance and upkeep of the road way. A good indicator of that would to be to look at the road signs literly. If you have a private road, the sign can be different than the city issued ones. We had old wood carved signs. When the city took over, we had the green with white letter signs put up. This doesn't mean your road isn't private if there are typical street signs. However, it could give a hint to the possibility.

Angie,

It is possible that the Association has voluntary membership and functions more of a garden club. However, you may still have deed restrictions on your property that prohibits certain things. In an HOA these deed restrictions are called CC&Rs, the Covenants, the Declaration or The Declaration of Covenants, Conditions and Restrictions. When there are deed restrictions on a property, anyone who is aware of the restrictions may enforce those restrictions through the courts (they don't require an Association to do the enforcement).

Deed restrictions must be filed with the appropriate local, county or State office. Typically they are filed with whatever office is responsible for tracking property deeds. Therefore, as others have said, you can easily check to see if there are restrictions on your property.

You should have been made aware of them at closing as they should have been discovered during your title search. However, even if you weren't informed of them, you must still comply with them.

Since he sent you a copy of your deed, my guess is, there is language in there that shows restrictions. Its possible, you just don't know how to read the deed language. Its very confusing.

Another thing to think about... it could be on your previous deed, or the one before that. I could sell a house in an HOA and remove the deed restrictions from the deed language. Does that mean it went away? Nope. It just means you have to look at the previous deed because I omitted it.

Your neighbor is a born troublemaker. I would put his email address into my killfile. He has no right apparent right to act for an HOA that you may not be a member of. Ignore him and his emails.

In order for there to be a mandatory HOA, there must be a binding agreement between association and the homeowner. That binding agreement is usually in the form deed restrictions. You previously stated that your deed makes no reference to restrictions. You also stated that in the time you have been there you have had no contact from an HOA nor any demands for assessments. Have you tried to contact the seller to see what they know about this situation?