Two Hoa's, one community HELP!!!

Started by AndrewL4 • 1 replies • 1103 views

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AndrewL4 (Indiana)
Posts: 1

Posted:

I have spent hours researching and can't seem to find an answer. I have two HOA's in my neighborhood. Section 1 Hoa and phase 2 hoa, neither is listed as a master or sub hoa. The community is a small gated Street that ends in a culdesac. The front half plat (section 1) has 15 homes and the back side plat (phase 2) has 16. Covenants deeds a restrictions for both state the same responsibility's with the exception of lawn care (phase 2 mows individually). Both hoa Covenents list responsibility's as "front gate maintenance, lights, snow removal, common areas, and drainage. Phase 2 hoa refuses to pay front gate fees. They claim that it is a section 1 responsibilty. When I pull up their plat from the recorders office it shows the entire Street with the gate as well. What are my rights as far as getting them to pay. Will I have to take them to civil court? What would make them not responsible for the front gate? Any help would be appreciated.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Andrew,

Without seeing the PLAT or the CC&Rs for each Association, it's impossible to give a good answer.

My best guess would be that the boundary of section 2 doesn't have a gate on it.
This is likely the reason that they are saying that they do not have the responsibility to maintain a gate that is within Section 1.

My suggestion, contact an attorney for a legal opinion.

If the opinion says that section 2 should pay, have the attorney write a letter on the Associations behalf (as it might be the only way to demonstrate that section 1 means business).

If section two still asserts that they do not have to pay, and section 1 doesn't want to fund the costs of the gate by themselves, your Association will need to take the issue to a third party (binding arbitration or the courts) to resolve the issue OR simply remove the gate.

What section 1 may not do is prohibit ingress or egress for section 2 residents (regardless of who pays to maintain the gate)

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