Update HOA attemp to say another section is under them

Started by JamesO6 • 7 replies • 1665 views

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JamesO6 (Florida)
Posts: 170

Posted:

Got another billing and a late fee from the community HOA for there sections. Finally solved after threatening to file a complaint with the BBB or the County DA office for Illegal billings for services not signed up for. After 3 months got another letter confirming what that HOA already knew 10 years ago we were not in their HOA. Love winning again. Why this development even has a HOA that has no community center, No pool, No parks, just houses. their paying taxes for their lands and are now paying more taxes for the common grounds aka fields. nobody's enforcing any deed restrictions issues just liens for non payments to the HOA. Why bother with a HOA that provides nothing but wants something green. Oh and street repairs and lights repairs they have to pay for now and they already pad taxes to cover that, seems City's loves HOA more then the HOA members.

FREEDOM. Proud Non HOA member.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JamesO6 on 09/12/2014 11:51 PM

Why this development even has a HOA that has no community center, No pool, No parks, just houses. their paying taxes for their lands and are now paying more taxes for the common grounds aka fields.

I believe you answered your own question.
If there is common area, there is typically an Association to maintain the common area (regardless if it is actually being maintained or not).

Quote:

Posted By JamesO6 on 09/12/2014 11:51 PM

After 3 months got another letter confirming what that HOA already knew 10 years ago we were not in their HOA.

I expect that you received that letter from the Association.
With this expectation, I would recommend keeping the letter (perhaps even scanning the letter into a pdf) so you can:

1) Provide it to the Association the next time they try to collect.
2) Provide it as proof to a buyer that the home is not part of that Association (and this way the buyer will have proof).

For those unaware of James issue, see:

http://www.hoatalk.com/Forum/tabid/55/view/topic/forumid/1/postid/178664/Default.aspx

JamesO6 (Florida)
Posts: 170

Posted:

loll's adding this letter by the newest Property Management, we went through this 10 years ago with that HOA last Property management company. Now I Have 2 letters saying the same thing 10 years apart and from 2 different HOA property management companies. But not from that HOA, Only from their Property Management company's and their own deed restrictions.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Well, then request that the company send the same letter with an endorsement or signature of the Association President.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Oh, Have you informed your neighbors? Perhaps they are unaware of the unique issues surrounding your section of the development and are paying.

JamesO6 (Florida)
Posts: 170

Posted:

Going to make copies and hand this out, there is a HOA meeting in a few days for them electing their next President and other officials, Guess it's first official act will be getting them to endorse this letter and have them record it in recorders office and kindly inform them happens again, we'll Sue. Man that company probably racked up lots of legal billings to that HOA again responding to numerous complaints from our section. It was the HOA fault again this time, they didn't learn 10 years ago. They provided the billing list to the company and they knew we were not part of it.

JohnB26 (South Carolina)
Posts: 1,001

Posted:

YOU may also record the letter yourself.

JohnB26 (South Carolina)
Posts: 1,001

Posted:

Assuming the letter is factual and you do NOT have CCRs recorded with/against your deed:

IMO: once you record the letter it becomes a public record and any further collection attempt(s) would border on harassment - they definitely would be mal-feasance by the BOD

Unless, of course, you attend and speak at a Board or Members meeting as you have NO BASIS for such action.

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