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AnnaB5 (Wisconsin)
Posts: 1
Posted:
About 6 months ago we purchased a home within a very small HOA. The HOA has lake rights, a private launch with 6 members. We have spoken to a few of the neighbors now trying to find out how to become part of the HOA which the home was listed as having before we purchased it. We want to be able to launch our kayaks their - no other reason. The first neighbor (year round retired resident) told us they don't want any more members (he didn't know why) and refused to tell us when the next meeting would be. Our direct neighbor is a weekender in the summer months and is also the Treasurer... nice guy. He doesn't understand why we cannot join the HOA. He told us that the woman in charge of the HOA is the one who doesn't want any more members, that no one else has a problem with more members. We spoke with that woman who also refuses to tell us when the next meeting is. Now, this neighborhood is private gravel roads that are kept up by the HOA. The road is in bad shape and no one appears to want to fix it and of course we live at the end of the road and have to hit all the pot holes on the way home. About half of the neighborhood are vacationers who visit their homes on summer weekends, including our other direct neighbor who comes to the home 2-3 time per summer. The yard is not kept. The grass is overgrown which makes our already bad mosquito problem even worse. These people are part of the HOA, have yet to launch their boat once this year and don't maintain the property.

Are they breaking any law by not giving us the option to join? Is there a leg we can stand on when it comes to the neighbors yard not being maintained (I mean the grass is above my knees!)? Apparently the previous home owner had elected to join the HOA but never paid their dues, and our one (nice) neighbor said that's why they don't want to let anyone else in. But in the mean time, we live on a private road maintained by the HOA and they won't fix the road which means come winter, they also will not pay to have our part of the road plowed (which is all in the same block). It's our road to and we don't have a voice on what needs to be done with it? I just feel that somehow this isn't right.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
My suspicions on why they don't want you in the HOA is the added expense you add to the HOA. Which is if you join, then that bad road has to be addressed. Something that has to be divided amongst you ALL. An added expense your dues won't cover most likely.

You could already be in the HOA. Check with your county records. Look for the Convenants and Restrictions. (CC&R's) there. The HOA if it is incorporated, would be with the state. Sometimes those are online to view. If the previous owner did not turn over the paperwork to you, then it's your responsibility to be informed about the HOA.

I would ask if the HOA is to take care of the property and I am not part of the HOA, then do I need to take care of my section of road? Most likely that is the direction they are going towards.

Former HOA President
GeorgeS21 (Florida)
Posts: 3,808
Posted:
What Melissa said.

County records are likely online - if not you may have to visit the courthouse. Any Articles of Incorporation, or Declarations of Covenants, Conditions and Restrictions will be there.

Once you do your research, come back to this forum and perhaps someone can provide ideas - but, you and we must know what the documents say, first.
AugustinD
Posts: 5,144
Posted:
Melissa and George are correct in advising you to check with your county clerk for a recording of the covenants for the land on which your home sits. The covenants will answer a lot of your questions. In my experience County Clerks largely exist to help with land documentation questions, including deciphering what a member of the public wants to know. Don't be shy about calling your county clerk and then possibly paying a visit to your county clerk's office.

Check the paperwork for the sale of your home, too. Or you could call the real estate agent who sold you the home and ask if they know whether you automatically belong to a HOA by virtue of buying the property.
GlenM4 (Tennessee)
Posts: 141
Posted:
As they all said above, i wanted to add something.. IF the papers you do get show your home as part of the HOA then they can not refuse you to join. IF its a privite HOA (really just a few neigbors in a group calling themself a HOA) then i can not see how the HOA could own the lake.. Thus i am sure there is documents you can get.

Cheers
Glen

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