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HOA Board solicits money from a relative of the potential homeowner prior to the closing of the real estate transation.

Started by DianeD55 replies • 821 views

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DianeD5 (Kansas)
Posts: 3
Posted:
I moved into an HOA my sister had moved out of the year prior. My sister had been on the board. I wanted to have PODS delivered with my belongings. The bookkeeper and President of the board said I had to fill out a POD/Dumpster form and send $500 deposit. I was scheduled to close on my townhouse on 2/28/2015. I had read the CC&R's and Rules prior to choosing to live here. There is no rule stating a $500 deposit is required. Only a form to fill out and send in. I had also read the Kansas Homeowner Bill of Rights which states a rule has to be published to the community with an actionable date. This form was developed in 11/2014 and was not published. My sister stated that it was not a rule. I explained to the President that I was not required to give a deposit due to the Board not following the Kansas State Statute. They sent the form to my sister, told her I would be fined, and taken to court. She filled out the form, signed her name and mailed the check from Florida on 2/14. They sent her back her check on 3/19. I am on the board as Vice President and have all the files stored in my garage. I found the form and information. Is this fraud in association with a Real Estate Transaction?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What does it matter now? End the practice. It's not working for your HOA and questionable.

Former HOA President
DianeD5 (Kansas)
Posts: 3
Posted:
Because if it is illegal, i want to prosecute!
JanetB2 (Colorado)
Posts: 4,219
Posted:
That would be a question to ask an attorney and we are not attorney's.

Per your posting the check was returned on 3/19; therefore, what can be prosecuted? Possibly after you raised the subject and questioned the law maybe they checked into the situation and decided they should not do this and reason why the check was returned. Again, if money was returned then what would you want to sue for?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Diane ... Did this all take place in 2015??? States have Statute of Limitations; therefore, items which took place a while back generally cannot be pursued especially two years later.

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