New HOA in South Carolina

PAY UP AT ONCE OR RISK LOSING YOUR HOME

You did not wish to hear that, but, it is fact none-the-less.

Check your deed and you will find a reference to easements and restrictions.

Said restrictions would be your HOA's "Declaration of Covenants and (Protective) Restrictions" to which YOU ARE PERPETUALLY BOUND as long as you own said property.

If you don't have a certified copy you may obtain one from your county's 'Register of Deeds'.

I REPEAT: PAY WHAT IS BILLED NOW.

You may seek legal redress later, but, PAY UP NOW !

Your subdivision does, in fact, have common areas ~ among them the 'the engineered storm water retention facilities' a/k/a lake or pond, street lights, roads (if private), entrance signage / landscaping, mail delivery area and boxes, etc.

Evidently you are new to HOA living and/or were 'sold a bill of goods'.

CAVEAT EMPTOR

Wow! It sounds to me like you may have missed a few meetings recently. You sound like you have no idea what the $240 is for. But as PitA suggests, you need to know that 'line item by line-item'. (If your neighbor's on the BOD, he should be able to explain it all.)

The other obvious question is: what is the position of the other 37 homeowners? Are you the only one who got 'surprised?'

I have no idea what the $240 pays for. But trust me -- $20 per month in a 38 home HOA community sounds like a bargain to everyone on this forum!

The $240 is small potatoes, and I would pay it now. Then you can do the research PitA and Tim suggested and figure it out. Wait, and you'll end up with legal fees added on, and possibly risk losing your property.

This is not to kick a person when they are down but for all of those who just read posts: Never ever ignore bills from the HOA, even if you don't think you owe them. As our poster is finding out, ignorance is not bliss. If she had asked when she received the first bill from the HOA or sought legal advice, she would not have liens, have a lawsuit pending or next on the slippery slope foreclosure. In addition to the HOA assessments, she is liable for past due fees, the fees to file and release the liens and any legal fees the HOA incurs to collect the debt. Oh, and any legal fees she incurs sorting the mess out.

As John so aptly put it: You may seek legal redress later, but, PAY UP NOW !

Susan

As others have advised. Pay now. Work the details out later.

I do have a certified copy of my deed. There is no mention of an HOA on my deed. I only have letters from 3 different people with 3 different amounts. Thanks for your help.

Let me understand this. Your neighbor mows (or planned to mow) your lawn (and others,) with or without their consent, and expects to be paid for it?

With regard to your deed, it may not reference an "HOA" per se. But if it says the property is subject to a certain 'Declaration' etc, that instruments sets up the mechanics of the HOA.

If your deed is clear of any such language, then I would show up in Small Claims Court and ask the Court what authority you are subject to where you have to pay assessments to anyone.

Please note: I am not an attorney, do not work in the legal profession, and do not have an advanced degree.

Susan

No one called you an idiot, so I suggest you might become less defensive.

You are the one that asked for help.

What we had was the following from you:

In addition, I just received paperwork from Summary Court(small claims) for this money. I need to answer this complaint. I believe there is a conflict of interest in regards to who is maintaining the entrance and the amount of dues. Please help!

Based on this someone believes/thinks there is an HOA, claims you are behind on dues, and filed a legal action on you.

Candidly we hear the wail of "I did not know there was an HOA" on this chtt day in and day out. After a hundred times, it becomes tiring.

Tough love here but with all your claimed "legal" experience, why do I think you should be able to figure it out?

I could be wrong.

There may be a conflict of interest, but --- if the nature of the relationship was fully disclosed in advance --- and the Secretary did not participate in selecting his own company --- and a competitive bid process was followed --- then I don't think you have a conflict of interest argument that can succeed.

How much are you being asked to pay in the Summary Court documents? Is there a breakdown of what you are being charged for? What is that breakdown?

Wow 38 homes, meaning approx 19 per side and not one street light, must get pretty dark at night. What about insurance? Do they have insurance on any common areas? You know like the area the guy mows, if not you might have one of your law professors explain the phrase "jointly and severally".

As John stated, no one called you an idiot but since you are a legal professional, I have to ask: How did you let it get to this point? If it where me, an admitted lay person, I would have been demanding proof of an HOA and my mandatory membership thereof when I got the first letter. You knew the person was getting paid to mow the entrance, who exactly did you think was paying him for his services?

Since language may vary from state to state on what is on the deed, I would suggest you also look through the mountain of paperwork you signed at closing. Somewhere buried in the stack should be a form stating that you agreed to be a member of the XYZ HOA and that you agreed to be bound by the CC&R's.

Finally I would suggest you visit SC's Secretary of State's website and look up the corporation the HOA is doing business as. Typically the corporation that is the HOA is formed by the Declarant before the first shovel of dirt is turned. S/he remains in control of the corporation through a Board of his friends & employees until it is turned over to the homeowners.