💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

SP4 (Tennessee)
Posts: 1
Posted:
I own one lot in an 8 lot subdivision in Blount County Tennessee. The original developer declared bankruptcy over 12 years ago. Only two homes have been built at the present time. There were covenants and restrictions filed for this property back in 2006 at the county registrars office and I have no issue at all with the restrictions.
My neighbors have all voted in favor of forming board of directors and assessing each property owner $ 100.00/month to build a road through the subdivision. This Homeowners Association is unincorporated and has not filed any paperwork with the Tennessee Secretary of States office. Our "HOA" cannot obtain an insurance policy or even apply for a tax identification number to open an bank account but insists that it will place a lien on my property if I refuse to pay the dues. I received correspondence from the HOA attorney stating that an unincorporated HOA is perfectly legal and not unusual in a smaller subdivision.
Does anybody have any experience dealing with an unincorporated HOA in Tennessee. How can an organization that doesn't legally exist have this much power?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Unless statute requires it, an HOA can be unincorporated.

Being unincorporated gives less protection to the board members, but there are unincorporated HOAs out there.

Read the covenants and see what it says.
If you have questions, talk to an attorney (because it appears that the Association has decided to talk to one).

CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By SP4 on 10/21/2019 11:08 AM
... How can an organization that doesn't legally exist have this much power?

"Not incorporated" does not equal "does not exist".

As the attorney said, it's perfectly legal to have an unincorporated HOA, although it can make certain things more difficult. What you should look for is the governing documents for your community. These are public information and should be recorded with your county's recorder. (I'm assuming you were given a copies when you bought your home. If not, your county may have them on line.) It sure sounds to me like you do live in an HOA - otherwise you and your neighbors would not be looking at paying for new roads yourselves.

In your governing documents, you will find language that describes your HOA. It is this language that spells out the HOA's legal authority to enforce restrictions and place liens on properties whose owners do not abide by the governing documents.

The governing documents form part of the contract you signed when you closed on your home. I strongly recommend reading everything so that you understand what you've bought and what your rights and responsibilities are.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
SP

You bought into an HOA and you will have to live and die by their decisions unless you find out they made decisions not allowed. I refer to procedures to set and/or raise assessments (dues). Look there in your docs.
LetA (Nevada)
Posts: 2,679
Posted:
You should first look to see if the HOA is dormant, disbanded or dissolved.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here