LewisW1
Posts: 4
Posts: 4
Posted:
my neighbors are talking about forming an HOA (new, didn't exist before). Can I be forced into joining it?
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new tennessee HOA
Started by LewisW1 • 9 replies • 1943 views
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GlenL
Posts: 5,429
Posts: 5,429
Posted:
Not an attorney but if it isn't on your deed then no. If there are covenants attached to the deed and one of them is that you will be a member then yes.
NpS (Pennsylvania)
Posts: 4,187
Posts: 4,187
Posted:
Do you have any property that is not owned individually (streets, lights, grounds, etc.)?
Sikubali jukumu. Read all posts at your own risk.
TimB4 (Virginia)
Posts: 20,986
Posts: 20,986
Posted:
As Glen pointed out, it will depend on your deed restrictions (if any). You may obtain a copy of any restrictions attached to your deed from the local recorders office/courthouse.
If deed restrictions exist, it's possible that the neighbors are simply activating or reactivating an Association that exists (as the deed restrictions typically creates an Association) but is dormant (vs. actually starting an Association where none existed before).
If deed restrictions exist, it's possible that the neighbors are simply activating or reactivating an Association that exists (as the deed restrictions typically creates an Association) but is dormant (vs. actually starting an Association where none existed before).
MelissaP1 (Alabama)
Posts: 13,734
Posts: 13,734
Posted:
It depends if they make a voluntary or mandatory HOA. Although I find forming a new HOA in a previous area non-HOA would most likely be voluntary. It's easier to set up. It also depends on the purpose of why they want to set up a HOA. Is it to share services or to maintain a common area like a front entrance? There are many options when forming a HOA. I'd like to know the purpose before I just reject the idea.
Former HOA President
LewisW1
Posts: 4
Posts: 4
Posted:
no property in common, the reason my neighbors want to for an HOA is to stop me from putting in solar panels on my property behind an 8 ft fence
NpS (Pennsylvania)
Posts: 4,187
Posts: 4,187
Posted:
If nothing recorded and no common area responsibility, then IMO can't be imposed on you.
Sikubali jukumu. Read all posts at your own risk.
LewisW1
Posts: 4
Posts: 4
Posted:
A final question please, If I have already started my installation, can a retroactive change to the covenant stop work already in progress?
LarryB13
Posts: 4,089
Posts: 4,089
Posted:
Quote:
Posted By LewisW1 on 08/22/2015 12:53 PM
A final question please, If I have already started my installation, can a retroactive change to the covenant stop work already in progress?
A final question please, If I have already started my installation, can a retroactive change to the covenant stop work already in progress?
Probably not. Has an amendment to the deed restrictions prohibiting solar panels been recorded? Was it recorded before you began construction?
LewisW1
Posts: 4
Posts: 4
Posted:
no and no
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