Just found out I actually live in an HOA Neighborhood..HELP??

So bottom line up front I am a USAF member and after a deployment cycle in 2010 I purchased a beautiful home in a nice neighborhood. I have done some work like installing a fence (which I matched to the existing fences because that made sense) I got a city permit to install an extension of the driveway along the side of the house and rear and installed a largish shed as a small workshop (which I matched the color and shingles to the original home because that made sense) However, I have recently received mail 5-6 years later that I owe HOA yearly dues. By no means are they very exorbitant, only $25.00 a year. My problem is that I was never informed of this, never signed any documentation, Can't find a mention at all in any closing documents from the Title company. So when I requested a copy of the CC&R etc from the listed secretary I was a shocked that she basically accused me of lying. That there was no way I could not have known or been told. In the end I did get those copies promptly..good sign...but now I see many rules that have never been enforced and quite frankly I find very intrusive to ones private life and property. An example would be having to provide an actual professional survey to a Architectural board for approval. Is that not what the building permit from the city is for, which by the way does not require any such expense. I do intend to go to the annual meeting but I am wondering after watching many you tube videos regarding HOA activities if I should maybe don battle rattle and carry mace....so what I ask is what is the reality of HOA? Should I consider volunteering for a board position or to be on the committee of architects. (I am an engineer by military trade and have been involved in building some very remarkable things all over the world)or should I run and prepare the battlements for the invasion. FYI after some research I did find that the HOA was established by the builder in 2006 but had many years where the board was inactive. This is a resurgence due to some new blood in the neighborhood. So basically any open and honest opinions are greatly appreciated as I strive to make the decision to be very involved or to lock the door send my yearly check and see what happens next.

Great having you posting up. And congratulations on your new home.

I'd give you the same advice as i give most all others who purchase within an HOA - get involved, volunteer and learn. If you do, you will find out quickly if hoa living is for you. My wife and i love hoa/condo loving - and have loved it even more as we became more involved. If you are the type of person who does not take things personally when you hear someone criticize, you will likely do well.

You have the same rights as any other homeowner there; however, if you decide on Board service - you will have much more influence and decision-making authority. Good luck to you - and let us know how it's going for you!

oljim, in texas

DennisD11 Montana : Thank you for serving your country & the Free World. You are already getting some excellent advice. Looks like you have already done some balanced research.

1 - If you don't mind several respectful suggestions, there is frequently a continuum between the extremes of benign altruism & malignant oppression in the HOA condo/universe. Thankfully both extremes may be the exceptions. Watch how such BoD usually handles respectful, simple, prudent suggestions.

A classic model of the HOA governance/mis-governance crossroads might be the decision-making in The Ox-Bow Incident 1943( Director: William Welman) based on 1940 book of same name by Walter Van Tilburg Clark (1909-1971). "Good people" can become frustrated enough to tolerate "bad things" or to absent themselves from participation even in any sort of owner discussion, much less votes or even attendance at Owners Meetings.

Many shared ownerships do good works & lawfully respect property rights regardless of the competencies otherwise (un)available or ignored.

2 - The CCRs of my own shared ownership community ( technically a 'tenancy in common' of a large waterfront without much built environment nor privately owned roads ) contain NO platform for any HOA 'vires', much less pay/comply/pass along those obligations ). The evolved, unincorporated voluntary HOA has periodically lurched towards oppressive conduct despite the educational levels of the shared owners. Great masses of gibberish & keeping busy committees have evolved as "best practices".

I find my own best balance of peace of mind is monitoring the HOA closely, more than fully contributing the voluntary annual contributions & common lands labour, and preparing for the day when I may have to help reign in the periodic oppression. I have long stopped attending the semi annual stakeholder meetings but at least they are getting held. At least there are credible financial statements of operations.

This rural waterfronts benefits from good neighbourhood co-operation regardless of periodic stubborn oppressive decisions. Counting to ten has been a good idea living in such. . .

You've rec'd some very nice replies, Dennis. Do you mind sharing some details with us?

As other have suggested, there are often a few levels of possible involvement.

One is to read and understand your governing documents and any state laws that apply to HOAs. Attend meetings of the board if open.

Another is to join a committee. A third is to chair a committee.

A 4th is to get elected or appointed to the board if a vacancy occurs.

And, finally, be appointed president, which may be quite demanding if you have no Property Mgr.

How many homes are in your HOA?

How many are on the board of directors?

Is there a property manager? If so, on the premises full-time? Part time?

Are there any other committees besides the ARC?

Is Montana an "open meeting" state whereby meetings of the board must be open to all Owners?

My involvement began gradually after living in my high rise for about a year. I formed a committee with the permission of the Board. About a ear later I was elected to the board and have served 10 years now. Both my spouse, who chairs the Social Committee and is active on another one very much enjoy our urban, HOA life!

Again ... I would call your Title Insurance Company. The reason you have this insurance is to protect you from any encumbrances against your title and which they were supposed to research and note in your insurance policy. CCR's are an encumbrance on the property title. They have attorneys to fight any potential battles on your behalf which you have paid for the insurance to accomplish. Maybe the developer goofed and did not properly file documents to encumber the property before selling to consumers? They would be the ones to best answer your question.

http://www.1stmt.com/abouttitleinsurance/

Under Montana law 33-25-105 & 111, “Title insurance policy” means a contract by which, subject to its stated terms and conditions, a title insurer insures or indemnifies the insured against loss or damage sustained by reason of:

a. Defects in or liens or encumbrances on the title to the stated property:
b. Unmarketability of the title to the stated property; or
c. Invalidity or unenforceability of liens or encumbrances on the stated property.

Evidently someone screwed up because you should have received a copy of the CC&R's at closing with the other documents, there also should have been a prorated payment for the HOA assessment at the time of closing as part of the closing costs.

Do the CC&R's indicate that they were filed with the county prior to your purchase of the property? In order to have the full effect of law they have to be filed against the lots in the neighborhood.

It also seems very unusual that even though the assessments are very small, no attempt was made by the HOA to collect for 7 years. You should inquire of them what efforts they made to collect your dues.

As for deed restrictions, if an HOA fails to enforce deed restrictions equally and lets them lapse for a number of years, then decides to begin enforcement it could be argued that the association effectively abandoned those covenants by voluntarily and intentionally relinquishing its right to enforce the restrictive covenants and by ignoring the alleged violations. While that might have been through the benign neglect of the developer, the current board has to own it.

It sound like the HOA probably does not have the financial wherewithal to pursue legal action to enforce deed restrictions given that the annual dues are so low. What I would suggest is that you do attend the annual meeting, run for a position on the board of directors, and work with them to make the HOA responsive to all of the members.

I had a similar experience a couple of years ago, I began receiving letters from the management company regarding a perceived violation of an ACC rule that had been enacted by the HOA BOD the year previously. My violation was actually not a violation, it was a fountain that met all the guidelines. It got me fired up to run for a position on the BOD and I got elected along with another member who had similar experience with the management company. The previous BOD had basically allowed the management company to run things as it saw fit with little or no BOD oversight. The BOD did not even have oversight or approval of the bill paying.

Being on the BOD can be a rewarding experience and can also be a pain. We have managed to take back control of the HOA from the management company, significantly reduce the cost of some of our contracts including landscaping and insurance, provide complete transparency to our members by publishing month financial reports, and reduce the annual assessment.

Probably the biggest problem with HOA's is getting folks to participate - I strongly encourage you to run for a position on the BOD if the opportunity presents itself.

Thank you for all the amazing feedback so far. To be clear I am certainly not looking to take any legal action. I have looked at the deed and documents no indications whatsoever of a lien or encumbrance. Additionally, No requests for any back payments just please pay the current years assessment. Our subdivision is very nice but far from completely built and new construction is few and far between since I have lived here. The houses tend to be larger and of a higher price point than areas around us. The only common areas we appear to have is a small park area with some kid fun stuff and a front entry that is small but nice. My initial concerns were built around the fact I have made enhancements obeying what I believed was all applicable laws and codes. Now potentially I could face a zombie apocalypse invasion for not adhering to additional neighborhood requirements I did not know existed. Truly the yearly fee is really not cumbersome but, could become so in the future if not checked by involvement of the masses (like me). I checked on the information I received from this forum and it looks as though we have 88 homes in our area each which gets a single vote. I also found out about 10 of the homes are confirmed to be rentals and the owners don't actually live here. Not sure how that plays out in the bigger picture. Additionally, even though contrary to the original documentation, at least 2 homeowners have been allowed in the last 3 years to purchase all or portions of adjoining lots to enlarge there space without having to build on them. Again not judging just noticing the trends. By being a good neighbor I have apparently met existing rules in the filed documents except having to approach an architectural for approval? Now that is the part I find somewhat foreign and uncomfortable. Without wanting to start a large political debate (although it likely will...behave now) As a member of the armed forces and spending decades protecting peoples freedoms and safety the thought of telling someone what they can and can't do on there own property in America is really hard to adjust too. Just sayin. Keep the good stuff coming I feel smarter all the time and I am feeling better about leaving the battle rattle at home during the meeting. As for the videos they are quite disturbing LOL but I guess good and normal HOA meetings would be boring and not worthy of you tube.

I'm a first time homebuyer that joined my HOA Board last year - and it's been an eye-opener. We have a great group of people on the Board that truly care about the community. I feel like I have learned alot about all the effort it takes to keep a community well-maintained and responsive to homeowners' concerns. I encourage you to regularly attend your neighborhood's HOA meetings and introduce yourself to the Board. Become a familiar face to them. Ask questions. As you start understanding their efforts to keep your community safe and looking good, some of the rules might seem rather reasonable.

Hi AlyS, welcome to the forum. This post is 5 years old and Dennis and most of the other posters on this thread are long gone. If you go to "list of discussion topics" you'll find more recent threads where any input you provide is likely to be of more use to the posters in the thread.