No HOA fees for me

Started by MaryK13 • 9 replies • 1909 views

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MaryK13 (California)
Posts: 2

Posted:

I have just bought a home with acreage in a HOA and the previous owner opted out of the HOA at the time the HOA was being created. That was 25 years ago.They have two private lakes and a equestrian center. I bought the house knowing there was NO HOA fee from me.. Yeah! But then I get a letter stating I cannot advertise a RV space, lease out one of my horses, have any kind of home based business on my property because so say the HOA. Then they gave me a list of homes that were wthin the ranch but did not choose to abide by the rules and that is ok. I don't understand. I train miniature horses for therapy in the hospitals and Alzheimers units within the San Diego county, I have lots of parties for the children with these miniature horses to help pay for their care and feeding along within an RV rental pad ( gorgeous covered pad that came with the house) on my 6 acears as I am within the Ranch I cannot use any of the facilities. I do however have a small company that I need and want to continue with. I would like to challenge them. Can anyone help?

PitA
Posts: 1,416

Posted:

? What does your deed say in reference to 'covenants and restrictions' ?

? What does your attorney say ?

If you don't have one, get one.

SheliaH (Indiana)
Posts: 6,964

Posted:

Did you get anything in writing from the previous owner stating that opting out was still valid after 25 years? Perhaps he decided to join the HOA at some point and either forgot (or accidentally on purpose forgot??)

There may also be some county restrictions regarding livestock, so that could be why you got the letter - check that as well.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

LarryB13 (Arizona)
Posts: 4,099

Posted:

You need to find whatever evidence you can that your property was never subject to the HOA. Since you recently purchased the home there should be some documentation in your title report as to whether your home is or is not part of the HOA. I always recommend recording any and all documents that pertain to your property and the HOA. The seller may or may not have correctly stated that they opted out of the HOA but it is unlikely that any of the parties to that are still members and no one knows what they may or may not recall.

Check your deed to see if there is language similar to "subject to restrictions recorded page 1234, book 5678, records of XYZ County."

You should retain an attorney as you may have a cause of action against the HOA and against the seller. The seller made a material representation to you that the property you purchased was not part of the HOA. If your property is really not part of the HOA you may need to obtain an injunction to end their harassment.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mary

Did it occur to you as to who pays the cost of the lakes and stable? Me thinks you are a member in one form or another thus subject to the restrictions.

If you disagree, time to lawyer up.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Not being part of an HOA does not mean there are no restrictions attached to your deed.
you need to go to the court house or property records office and do some research

MaryK13 (California)
Posts: 2

Posted:

This lot has never paid a penny in HOA fees. Although they said I am not part of the HOA I am subject to their rules. This is a ranch home so of course animals are allowed. Why is it legal for a home subjest to no HOA fees but must follow their rules ??

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Well if you want to use their facilities, I would say you should be paying the dues. Your not a member as you say, then you should NOT have access to facility or any other owned HOA property. It's a pay to use type property. Your not part of that system. Now if you want to have or keep some rights to HOA facility or access, I would then say join the HOA or make payment arrangements.

Former HOA President

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By MaryK13 on 12/05/2016 8:29 AM

Why is it legal for a home subjest to no HOA fees but must follow their rules ??

Because those are the terms of the restrictions attached to the deed of your property.
When you purchased the property you agreed to those terms (regardless if you were properly informed about them or not).

Again, my suggestion is to contact the court house or property records office and obtain a copy of everything associated with your deed.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By TimB4 on 12/05/2016 10:26 AM

Posted By MaryK13 on 12/05/2016 8:29 AM
Why is it legal for a home subject to no HOA fees but must follow their rules ??

I agree. My home has CC&R's but no HOA. If I build a fifty-foot-high tower in my backyard there is no HOA to fine me but I have plenty of neighbors who can take me to court to enforce the restrictions.

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