Inactive HOA, Now there's a problem.

Started by JustinR1 • 8 replies • 2505 views

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JustinR1 (Michigan)
Posts: 3

Posted:

When we purchased our home 5 yrs ago, we were told there was an HOA and given the supporting documents including the by-laws. The HOA was created in 2001, it is unclear when it became inactive, it was inactive prior to our purchase and has remained that way since then. Obviously it hasn't been a problem up until about 2 weeks ago when a neighbor decided to erect a "chicken wire" fence around his entire 1 acre lot. There a very specific rules in the by-laws regarding fencing construction "but" it was supposed to be approved by the Architectural Control Committee that does not currently exist. The subdivision consists of 20 lots and 19 of the owners are very unhappy about the unsightly fence. My question is of course, are we out of luck since we have been inactive or do we have a leg to stand on since he is aware of the HOA as he was an original owner in the subdivision.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

You can enforce the rules yourself.

KerryL1 (California)
Posts: 14,550

Posted:

I'm not trying to be snarky, but what is a "Inactive HOA"? Does it mean that there is no HOA Board of Directors? Or does it somehow mean the HOA was legally declared kaput?

I may be wrong, but by enforcing the rules yourself, I don't think Steve means tear down the fence.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JustinR1 on 06/19/2014 2:48 PM
The subdivision consists of 20 lots and 19 of the owners are very unhappy about the unsightly fence. My question is of course, are we out of luck since we have been inactive or do we have a leg to stand on since he is aware of the HOA as he was an original owner in the subdivision.

Justin,

The deed restrictions (CC&Rs) exist even if there is no activity within an Association. Anyone can enforce deed restrictions through the courts. In fact, I suspect that the deed restrictions specify that any owner/member has this enforcement authority.

Since there is such a large number of unhappy individuals, I suggest everyone pitch in some money and have an attorney send a letter on behalf of the members.

BTW-when an individual purchased the property is irrelevant providing the deed restrictions were in place when the property was purchased.

JustinR1 (Michigan)
Posts: 3

Posted:

By inactive I mean no board, no meetings, no activity. Nothing has been done legally to have it disbanded or removed. As much as I would prefer to go rogue and tear it down, I think I'll pass

DouglasK1 (Florida)
Posts: 2,046

Posted:

In my HOA CCRs, it says that the ARC has 15 days to respond to an application. Applications are deemed accepted by default if the ARC doesn't respond in 15 days. If your documents have similar verbiage, and no ARC exists, the owner could use this clause to claim the fencing is approved. The other homeowners could get together and write a demand letter to have the fencing removed, citing the CCRs, but unless the owner complies voluntarily, recourse (as Tim mentioned) will be through the courts. This is liable to be expensive unless just lawyering up is enough to scare the HO into taking the fence down. Your lawyer can read all the relevant docs and give you a better idea than we can how likely you are to prevail if you end up in court.

Escaped former treasurer and director of a self managed association.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JustinR1 on 06/19/2014 3:32 PM

As much as I would prefer to go rogue and tear it down, I think I'll pass

I think the question becomes does the issue bother you enough to take legal action or not?

If it doesn't, then it's obviously isn't that important to you and you will have to live with both the intended and unintended consequences with it.

I always find it interesting when there is an obvious issue and individuals want someone else to handle it rather than exercising their own authority and handle it themselves.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Justin

You do not have to go rogue to tear it down. You could more then likely get it removed by going active in activating the HOA.

The HOA not being active, enforcing, etc. does not mean it is legally dead. Get it off its a$$ and doing its duties.

JustinR1 (Michigan)
Posts: 3

Posted:

Douglas - We do have that language associated with the ARC and I feared the same thing.

TimB4 - This issue is just the final straw. Which unfortunately may mean we may be out of luck without legal action. May try zoning next. It has nothing to do with wanting someone else to do our jobs. I'm more than happy to crap in this guys cheerios.

JpohnC46 - Getting it off its a$$ is what I am trying to do now hence the post here. But I appreciate your direct approach.

We have tried to be the accommodating neighbor and let the backyard camping for 6 months, the 8 sodium vapor street lights attached to his house, the chickens, and 30'x40' garage go, but nice guys finish last is looking like it applies in this situation.

Shame on us for letting it go so long.

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