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JayN (Maryland)
Posts: 1
Posted:
We had our house built and moved into a community in 2006. We were told that the community had an association run by the builder and after the second phase of houses(where I live) was finished, they would turn over the HOA to the community. In 2008 the HOA was turned over and immediately our yearly fee's went from $480 a year to $1000 with the only explanation being that due to high gas prices, the trash service was charging more. We have a community pool that is only 3' deep and a guy who use to pick up trash on the roads in the neighborhood. Once the new HOA got in, the guy who picked up trash in the neighborhood was no longer there.

About 2 weeks after getting notified that the new HOA had taken over that the prices increase, we received a visit from one of the then board members, telling us that our section of homes were never annexed into the HOA. She handed us a form to sign and get notarized to be annexed into the HOA. She did advise us to first get a copy of the HOA bylaws before we signed anything.

The next day we made a call and asked to get a copy of the HOA bylaws prior to signing the document. We later learned that the board member was voted out for telling members not to sign until receiving a copy of the bylaws. We are choosing to keep this former members name out of this letter for the time being due to the fact that they still reside in the CharlesCrossing neighborhood.

It was not long after board member was removed that we received a visit from two CC HOA board members, one man and one woman, both of whose names I can’t remember, stating that if we did not sign and return the annex agreement, we would not be part of the CC HOA and would no longer receive services. We simply stated that we would like to receive a copy of the new HOA bylaws before signing anything. Approximately one week from that conversation, we never received trash pickup or access to the pool to this day 6 years later. We have never signed or returned any document to the CC HOA, so I can tell you with 100% certainty, that if they have anything of ours on file with a signature, this it is a forgery since we still have the original document that was given to us.

We were very surprised when the CC HOA came after us for HOA fee’s after stating to us in 2008 that we were not part of the CC HOA. How is it that they can charge us for something we never received services for or was a part of? To this day, we still not received a copy of the CC HOA bylaws.

Can someone out there please help and what recourse do we have?....

JN
TimB4 (Tennessee)
Posts: 21,059
Posted:
You need to seek an attorney versed in contract and property law.
You need to do this NOW

If your development was not annexed into the Association, then you do not belong to the Association, would not have to pay assessments and may or may not be personally responsible for certain services and/or insurance.

Sign nothing until an attorney reviews the document, your deed, your PLAT, and the legal documents of the Association.

If you have signed, you may have unknowingly agreed to be part of that Association forever (and you neighbor may not be).

Again, contact a local attorney NOW!
JeanneK3 (Maryland)
Posts: 562
Posted:
Very strange. I think you should report this HOA to:

Office of Consumer Protection at Maryland Attorney General (OAG) by calling the AG Hotline at:

1-410-528-8662

Mon-Fri at 9am to 3pm

Complaint forms can be filed on line or can be downloaded from the OAG website at:

http://www.oag.state.md.us/Consumer/complaint.htm

However, complaints are accepted in letter form.

The OAG attempts to mediate complaints to the satisfaction of both parties. An easy-to-understand publication, The Consumer's Edge, Issue #132, which explains OAG HOA and Condo homeowner services is available by clicking here, going to the Home section and clicking on Common Ownership Communities (COCs).

Jeanne

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SteveM9 (Massachusetts)
Posts: 3,699
Posted:
If given a choice....... voluntary..... I would not receive services and not sign up to be part of the HOA.

I would call the same trash company the HOA uses and ask how much for pickup service. As for the pool, doesn't sound like your missing much. As the HOA realizes what the services really cost, the dues will go way up. Developers usually hide this and do much of it themselves. Its not until they hand it over to the HOA and they hire contractors do you realize how much stuff really costs.

I agree. Hire a lawyer, follow his advice.

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