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JenniferE7 (Oklahoma)
Posts: 1
Posted:
My husband and I bought our mobile home in Feb. 2007 in Edmond, Oklahoma. My neighborhood is set up basically 1-2 acres per home. July of 2012 we (the whole neighborhood) received Covenants & Restrictions for our neighborhood along with a letter stating a "meeting" for the HOA. I would say 90% of the neighborhood went to this meeting FURIOUS! No one was aware this ever existed. On a side note we had 2 yup only 2 residents who were "for" this HOA to actually be in place. Most of all of everyone's issues including my own were we live out of city limits and we all bought the house and land we bought to have freedom outside of the normal neighborhood. The developer says everyone should of received copies of this paperwork at closing. But not 1 person admitted to receiving these rules? I did not get anything when I closed. So it's been 2 years and now they are wanting to start charging dues. Just received a letter this weekend. I have been reading the rules/covenants/etc... one set is dated back to 2001 and the 2nd June of 2007. What kind of hold do they have on us if they never enforced this prior? In my opinion I want to live my life the way I want. We have a nice home and property I have neighbors who's homes are all nice but these rules are crazy. We as the type of people we are never would have moved out to the country if we knew there was an HOA! I would appreciate any help!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Jennifer,

If deed restrictions existed on your property when you purchased it, the Association would likely have full authority to enforce. Since you said that the developer held the meeting, I'm expecting that the Developer is in control of the Association and will be until a specified date or all the lots are sold. When that happens, control and the running of the Association will transfer to the membership (you and your neighbors).

Go back through your closing paperwork. There is likely some paperwork that says there are restrictions or covenants attached to your deed. You may or may not have paperwork informing you that the property is governed by an Association. Disclosure laws now are better then they were in 2007. Therefore, you may need to re-read all the closing paperwork and look for specific words like restrictions, covenants, coveted community, etc.

Once the Association is turned over to the membership, you may be able to abolish the deed restrictions. However, if there are common areas or common amenities, this may be difficult or impossible to do.
GlenL (Ohio)
Posts: 5,491
Posted:
Jennifer, welcome and I'm sorry you're having this problem. First you need to read your deed, if you don't have it, it may be on-line at your County Recorder's Office. Somewhere in the deed should be language stating that there are Covenants on the land or that require you to be a member of the HOA. Or if you look through the mountain of paperwork they had you sign at closing, there will most certainly be a paper where you and your husband agreed to be bound by the Covenants and follow them. If you can't find either of these things, contact an attorney versed in contract law or property rights.

Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posted:
Tim types faster than I do.

Studies show that 5 out of 4 people have problems with fractions
CyrstalB (Maryland)
Posts: 457
Posted:
The first HOA we lived, we didn't pay any dues for the first seven years, until the developer handed it over to the homeowners. What made it worse was all of the things he allowed the early settlers to do that violated the covenants. So any enforcement of covenants are impossible since he allowed violations from the onset. Good luck, and if everyone is so upset, you have a good shot and amending the covenants to reflect what it is you all want. Especially if everyone is in the same boat as you, that you had no idea.

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