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GloriaK1 (North Carolina)
Posts: 1
Posted:
I live in a subdivision. When we first bought our home we were told by the developer that there was an HOA and what our fees were. Over the years we have come to find out that the developer never formed the HOA. Nothing was ever filed with the state. He attempted to collect fees for a few years. It has been 17 years now and we recently had a flood and the road to enter our development has collapsed. A couple of homeowners decided to form a HOA and demand that everyone pay 3 years past due fees. They also are demanding that we pay twice the amount we started with yearly. How do stop, put an end to the foolishness. Can they do that. They have intimidated a few folks into giving them money.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Gloria

If there once was an HOA then they are simply reactivating the HOA and may well be able to do so.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Gloria,

You need to check the property records and see if covenants have been filed.

If they have, then it's likely the covenants created an HOA.

Most Associations also file with the State and become incorporated. An HOA does not require corporate status to exist.
Is it possible that the lack of filing is actually the failure to become incorporated?

Regarding your question about assessments, it's possible that the group is acting without authority. However, it will require legal action to challenge them.

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