Common space without HOA

That is what it is where I live. Not really an HOA but a nonprofit corporation to manage our sanitary sewer system and recreational ponds. The covenants expired because in Iowa there is a 21 year time limit to preserve. No preservation of the covenants was done so no HOA. I refer to it as an HOA because its structure is basically like an HOA. There is a BOD that is elected and the members are property owners in the development. We all pay dues and assessments and there is a set of bylaws. The rules only relate to the operation and maintenance of the sanitary sewer. The State of Iowa refers to it as a common interest community.

BanksS, interesting, as we are looking at this set-up (for different reasons than your community). Without any covenants are there deed restriction that commits the homeowner to payment of these assessments? (i.e. what is the enforcement mechanism - turn off their water?)

The enforcement mechanism is small claims court. The HOA files small claims against owners not paying. There is one owner that hasn't paid in years. The HOA won the small claims case by default because the owner didn't show up. I'm not sure how the BOD is proceeding now. Perhaps wage garnishment but I don't know for sure.

It is not possible for the HOA to disconnect the delinquent owners sewer connection. The Iowa Department of Natural Resources prohibits this.

To address your first question, I believe that if an owner is using the service, than they are lawfully obligated to pay. However, there was a recent Iowa Supreme Court case where the Court ruled that if the covenants have expired so goes the obligation to pay assessments. It was for road maintenance. But then the Iowa legislature created a law that requires a homeowner to pay for the common elements even if the covenants have expired.

Those are valid arguments but if I was on the city council and some pipsqueek HOA tried to bill for maintenance of their private roads my response to them would be, "Haul your own trash, put out your own fires, and catch your own burglars."

The sad reality is that there are many who use private roads that will never contribute a cent toward maintenance.

Good luck to your friend but I would urge them to contact their attorney and insurance agent and make sure they are covered in case someone is ever injured on the common element. I'm not an attorney but as I understand it, if someone were injured they could sue each and every homeowner that owns or is supposed to own the common element for their injury. The phrase your friend needs to ask about is jointly and severely meaning the injured party could settle with all of the neighbors for pennies and go after your friend for big bucks. I know it's just a marker and some grass, what could happen? Kid throws a rock, which lands in the grass, helpful fellow homeowner whose turn it is to mow, doesn't see the rock, mower flings rock into passing car and injures someone. Do you just sue the poor schlub whose turn it was to mow or do you go after anyone you can?

How can they be private roads? Private roads must be clearly marked as such.. I can imagine some peed off nut job in a HOA randomly standing in the road way checking to see if the car occupants are legally allowed onto his HOA's private property streets. So that guy also can create havoc also by demanding his neighbors from having guests over because it's wearing down his private property streets and resulting in much earlier repairs.

Also labeling them as private property streets opens a new can of worms for no placed/notice notification this is private property streets and be held liable for damages and breaks ins in cars and holding the HOA for any legal issues, since they should be patrolling the neighborhoods constantly to prevent unauthorized individuals on their private streets.

There is absolutely no benefit listing them as Private Streets none what so ever, unless you want to enforce parking restrictions from people parking commercial vehicles in the neighborhood. yet they get around that easily if the vehicle is Privately owned and parks them there anyways. Even that, how's that restriction can say that the HOA streets are private property? I've combed my community deed restriction and that Valid one that there is a HOA in those other sections and never came across Private Streets anywhere in it.

So I take it, the street I live on is Private streets owned by that HOA in all the others sections, since their in my community after purchasing lands around ours and just assumed our Community name and their responsible for maintaining my street also??? we've been battling that HOA for over a decade now and they loose every time, all we do is ask show us in writing and our signatures acknowledging were in a HOA, they just point at the deed restrictions and we point show us in writings and documents we've signed. they point back at the deed restriction and we point back show us. they usually stop after a couple weeks every time they change property management company's and their lawyers starts it all over again, guess they think they'll wear us down one day. Their last lawyer letter was threatening and funny at the end, By Voluntary joining our HOA community blah blh blh and to sign here to acknowledge your in our HOA. oh wait that wasn't their last lawyer letter, that one was another apology letter for the confusion, once we indicated were seeking legal advice to sue them and that HOA, and got that letter in a few days. HOA's will stone wall and deny everything till you stand your ground and threaten to counter to sue them, only then do they stop harassing our section lot owners.

Without an association, if the developer wishes to unload the entry he would have to find someone willing to accept it. One cannot foist his property off onto unwilling recipients. Whoever accepts the property will be responsible for insurance, taxes, and other expenses. Those who do not accept the property will have no liability.

I have seen situations like this before where the property is abandoned from the standpoint that no one pays taxes on it. The county assessor then tries to sell it under a tax lien but there is no commercial value so no makes an offer. It will just sit there as abandoned property for the rest of eternity. If the county does not maintain it no one is likely to object if some homeowner mows the weeds and keeps the entry clean without a formal agreement. That sounds like what they do now.

I am pretty sure they do own the site.... Just sayin...

Sorry for my post confusion. Emma had been posting and had attacked the moderator of this site. She accused them of being a "poster" spying on her after her posts started disappearing. She then said that they did not own this site. Which I was correcting that they most likely did own this site and they are awesome moderators. I do not believe they are posters on this site. As we know they have their own "handle" and can tell when they post something.

I think we should all say thank you to the moderators for doing their job and Merry Christmas!!!