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TimT6 (Ohio)
Posts: 26
Posted:
Know the states laws. Review the business license for your HOA in your states business license online records. At start up of a HOA. This is most critical time to kill your HOA before it starts or you have to wait 20 yrs for another chance at killing it, then you miss that chance its 25 yrs after that. A developer must establish the ccrs and other bylaws within that time frame and hand off the last property to the HOA and turn it over to the homeowners association. If the developer misses that deadline of 5 yrs and at that time the developer must own still 1 lot. Miss any deadline you can fight to kill the HoA before it even starts. Ask me how I got our section out of their HOA, or just re read this lols. Basically our section is in whats called a HOA PURGATORY, probably only one like it lols. Were in one but its in a legal zombie state. That other HOA can't touch our section even after their developer made agreements with the city to maintain the street and retention pond. They tried using that as jusfication trying to force us into their HOA, I just pointed out their HOA voluntary accepted it before doing due diligence research first. See HOAs can be fun and exciting at times.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You don't sound like someone whom understands what HOA'a are or what they do. Just decided your against them instead of understanding what it is. Plus many here do know how to disband a HOA they choose not to for various reasons. If your HOA isn't working for you, then work for your HOA.

Our HOA can disband if it wants. It just has to be turned over to a property manager. Sounds great huh? Well considering no owner would have rights to vote, control the dues, or projects does it? The property manager controls it all and you the owner just pays into it. An owner owned HOA decides amongst itself what it wants and funds it.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
... or ....

Just don't buy a home in an HOA (or COA). Easy peasy, no expense, no legal wrangling, no drama.

(Hint: the HOA is "legal" as soon as the establishing documents are recorded, often well before any lots or homes are sold.)
GeorgeS21 (Florida)
Posts: 3,808
Posted:
TimT6,

Interesting writing style - so interesting I can't really determine what your point is other than you don't like HOAs - perhaps this assessment is not even accurate - just can't tell what your point is.

See Posting Rules at the top of the page - like many, if you have come here to whine and ankle bite your HOA, you are probably on the wrong forum.
ChrisE8
Posts: 454
Posted:
I agree in particular with CathyA3.

If you don't like HOAs, don't buy a property in one, or move away.
TimT6 (Ohio)
Posts: 26
Posted:
Quote:
Posted By CathyA3 on 12/20/2020 6:50 AM
... or ....

Just don't buy a home in an HOA (or COA). Easy peasy, no expense, no legal wrangling, no drama.

(Hint: the HOA is "legal" as soon as the establishing documents are recorded, often well before any lots or homes are sold.)

Lols thats a lie if that were true, I'd and my entire section would be in a HOA the last 17 years then, because its recorded in recorders office and accepted by the city. But in reality we're not because the developer screwed up and I stood up against 2 law firms sofar and 2 trys by that HOA. ALL we did was point out the facts, they did not follow the laws establishing our HOA, were in a HOA Purgatory. I used their recorded document against the new developer, they must still own 1 lot to hand off the HOA to our community, lols all the lots were sold by the time they realized their mistake and missed the 5 yr dead line to restore it too life by just 17 days. Its dead and I made sure it stays buried lols. We signed nothing stating theres a HOA,the original developer that had his plan stolen by another builder that bought up the property around his dream community just canceled the HOA business license and state certified it, new builder missed thev5 yr staurs of limitations regarding contracts. Now that community has hud houses that tenants refuse to pay their dues, bylaws things ignored metal fences in front yard. Unkept yards, commercial vehicles, rv stuffs parked on streets, the only thing that HOA enforces and it waits 2 years to slap lies on peoples property for not paying dues that they know they can collect on. So yaw I am laughing at HOAs. I watch the recorders office for laughs and when they will try their 3rd attempt to force others into it. Yes just because its recorded its legit and enforceable, guess I dont know the laws. Sure would be in one if that were true. Again, your HOA first must be started up the right way. All imma laughing about is the fact, it wasn't. I just warning homeowners joining a HOA IN A new development is to do research before you sign a contract. Ours didn't have it in our section, business license was pulled by the original developer, new developer missed the statue of limitations to revive it. Again as I pointed out to them twice, show us where we acknowledge one at signing and show us a valid business license fOr the HOA or face lawsuits starting with extortion, attempted wire fraud when they sent out dues collection information. I just letting others knows there's a precedent now for others to use. If they fall into our situation
TimT6 (Ohio)
Posts: 26
Posted:
Quote:
Posted By ChrisE8 on 12/20/2020 11:11 AM
I agree in particular with CathyA3.

If you don't like HOAs, don't buy a property in one, or move away.

What HOA?? Oh that one in the other sections you must mean. Costs them alot each try lols. A
TimT6 (Ohio)
Posts: 26
Posted:
Quote:
Posted By ChrisE8 on 12/20/2020 11:11 AM
I agree in particular with CathyA3.

If you don't like HOAs, don't buy a property in one, or move away.

Actually the first 20 years limit is now, ill probably be sending letters out to all houses that got liens and inform them how to dissolve thier HOA, its only possible every 25 yrs, sure you can dissolve one before that time, but your property management company and city must let it go away. Good luck getting those 2 to sign off on that. Some kid drives through community property and gets hurt yourventire community still responsible till that 25 yr comes around to kill the HOA permanently and legally of all contractual obligations.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I do believe the OP is pranking us for the LOLs.

TimT6 (Ohio)
Posts: 26
Posted:
And 20 yrs is right remember its a 25 year contract a HOA is, first 5 yrs is builders time, then 20 yrs for the community and uts renewed every 25 yrs automatically after that till disbanded. You only can disband it per every 25 yrs without city of property management approval.
TimT6 (Ohio)
Posts: 26
Posted:
Quote:
Posted By CathyA3 on 12/20/2020 2:47 PM
I do believe the OP is pranking us for the LOLs.


Nope, my community HOA license 25 year is approaching this coming year, they can legally disband it without permissions. Or its renewed for another 25 yrs. I just wanna stir their pot. It drives them nuts were not in it. It only enforces non payment of dues. Our community section only looks bad because 3 owners on a few houses has refugees living in them lols violating q family rules lols, its a mess here lols. These peoples only mows their yards only when ordered too, then they send a kid that barely reaches the lawnmower handles out to mow it. I just wait till their done then jump on my riding mower and do my yard and that hoe own fields theybdont mow but pays someone to do it which they don't. Lols its a mess lols
TimB4 (Tennessee)
Posts: 21,059
Posted:
Tim T,

The membership can amend the governing documents at anytime, not simply during the renewing period.
I suspect that the section you are referring to is similar to all the others I have seen that simply states that the covenants run with the land for x years and continue to run unless amended. All that statement is saying that if someone doesn't amend the original covenants prior to the end of those x years, the same document continues.

When you discuss dissolving the HOA, do you mean the Association (which are created by, and exists per, the deed restrictions, aka covenants) or do you mean the business entity known as HOA, inc.? They are two different things.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimT6 on 12/20/2020 2:48 PM
And 20 yrs is right remember its a 25 year contract a HOA is, first 5 yrs is builders time, then 20 yrs for the community and uts renewed every 25 yrs automatically after that till disbanded. You only can disband it per every 25 yrs without city of property management approval.

This would depend on what the HOA specific "docs" say. In our case there is no mention of any time specific contract thus no specific window to do things within. Specifics vary from doc to doc and state to state. One size (say OH) does not fit all (say SC) nor may they fit two different HOA's in OH.

Additionally, your posts seem a bit incoherent and difficult to read. Even if you are correct, many will not bother to take the time to read and comment. You need to collect your thoughts and proofread before posting. We can read through spelling errors but if it takes 2nd read (above uts instead it is), many will not do. Also, punctuation can be your friend. While I myself am guilty of run-on sentences, your are much more guilty.

AugustinD
Posts: 5,144
Posted:
Quote:
Posted By CathyA3 on 12/20/2020 2:47 PM
I do believe the OP is pranking us for the LOLs.
I figure he's pranking us or is unsophisticated regarding HOA dissolution issues.

I know, I know Steve: You insist you know what you're talking about.

Yada yada.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By AugustinD on 12/20/2020 4:05 PM
I know, I know Steve: You insist you know what you're talking about.
Oops. I meant to direct this to TimT6 and not Covid StevenD6*.

* "Covid StevenD6" meant in the same sense as "Typhoid Mary."
TimT6 (Ohio)
Posts: 26
Posted:
Theres zero members to amend anything, none of the 30 lots has anything about a HOA at signing. First developer pulled the business license year before new developer activated well they thought they activated it lols to turn it over to sections 1 and 2. Only to find 30 lot owners from our section threatening to sue the builder, I'd post their letter if I could find it and sanitizing PII, how they tried to get us to voluntary join theirs after pages of threatening languages join or get liens placed. Kicker was they highlighted by signing this agreement your acknowledging your in a HOA community.

Yes there's a recorded deed restriction for the initial buy of the lands to establish a HOA and has a name which 2nd developer used, only to find out that's fraud lols cause its wasn't legal any longer, then he created a new name that almost exactly like ours was. Its the HOA members keeps giving our addresses to their new property management company's. So ever decade or so when new guys takes over we go through this stuff all over again, BECAUSE presidentof their HOA keeps trying. All I do is add their last property management company's last legal determinations were not in a HOA.

So we already know we're screwed if we form that HOA just to try to remove deed restriction thats not legal in the first place, someone here said just because it's recorded its legal. Thats like you or me going to a recorder office and record a letter informing the entire world that were the Supreme being of earth and your all in our HOA and owes us dues, just because we recorded a useless document without following the laws.
TimT6 (Ohio)
Posts: 26
Posted:
Fact is cars and bylaws in it was created by second developer after HOA was terminated by original developer while he was still in control, that 2nd developer just assumed too much
TimT6 (Ohio)
Posts: 26
Posted:
Ever try typing on a phone and can't read it all lols, the format off a bit and like Twitter i don't proof read it before sent, like you said you got the jest of things
TimT6 (Ohio)
Posts: 26
Posted:
Okay on a laptop and can see what's typed now lols

States business license for our HOA flaws: 1. wrong county listed as it's location. 2. Failures to Maintain agent and other warnings. 3. Canceled failure to file/reinstate existence. 4. FAILURE TO FILE SUCH STATEMENT WITHIN 30 DAYS OF THIS LETTER WILL RESULT IN CANCELLATION OF THE ARTICLES OF INCORPORATIONS. this was filed just prior to the 5 yrs statues to start the HOA. original developer just canceled it and resigned and state status is on file as Canceled. meaning the articles of incorporation as i take it. original developer canceled it right on the last day possible, so new guy that screwed him over couldn't do anything with his HOA, i take it.

New developer 2 months after ours ceased to exist according to state laws tried to implement it only to discover all sorts of issues lol and angry home owners. were just told were in purgatory lols, nobody can change anything all we can do is voluntary join that other HOA in our community but all has to agree and long as i live it will never happen.

Past 17 we have mowed their field behind us, that's about 4 acres of land because of wetlands near it to keep critters out and gives us an illusion our section has a huge back yard. plus i maintain the pond area also so kids can fish and explore the wildlife around it, according to original plans it was to have a picnic table and play area that never happened nor being cared for, then the wet lands owned by that HOA has trees falling into our yards because its unable to maintain proper flow of water ways down stream. but another nice neighbor is on the ball lols to get that HOA to come out and and fix it, after the EPA deals with them, for not maintaining the retention pond and, stream and wet lands around it. their HOA going to find a new hidden gem of equal payments of stuff they never expected to ever happen to a HOA in unexpected costly issues were talking huge flooding issues to our property's and foundations. one has 3 feet of water every flood. yes city aware were not in a HOA that was news to them too lol. the city took back ownership of the community property only for that other HOA to assume it thinking were in their HOA and or knew we were not... lol. win win for city's when HOAs owns lands they would of maintained. but we suspect that the HOA developer or a builder not wanting to pay a land fill money lol... clogged up that stream just before it entered their lots on purpose dumping landfill along it from construction of their new lots. according to the complainer about the stream its millions to repair the damages and restore the wet lands, going to be interesting how the property management company going to recoup it all, i suspect the state main HOA has contingency assets to use for fundings that or those Homeowners going to learn a lesson being in a HOA. and equal payment clause in them for major issues in unexpected costs.

why that HOA didn't place a Pool or rec center for the HOA there is obvious it's only out to make money in liens. it has no street lights only the entrance streets has lights on them, a hard curved street has cars parking on both sides of the street only giving room for 1 car to pass. which reminds me lol to complain to the city about that too, run up more of their costs. they took down the citys signs not to park on one side of the streets during snow emergency's too and that's a huge fine there lol.

but as you see the state canceled our Articles of Incorporation. so were in limbo just over a recorded document nobody can do anything with and lots of resentment of the HOA.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Wow it's amazing how you have no idea how or what a HOA does. A HOA once turned over to the owners has to continue those pools and clubhouse maintenance. It doesn't just fall out of the sky. Those are "sales tools" to attract potential buyers to purchase. People like to have a pool and a clubhouse to gather if they wish instead of their homes. Guess how that is funded? By the owners. What for? For the owners. Plus they are NOT subject to liens. NOT paying dues or your fair share gets you liened or foreclosed.

Why fear being liened or foreclosed on if you do your part? That only happens when one doesn't pay up their fair share for what they share in. Which is the benefit of having amenities whether or not you used them personally.

A HOA is a "club" of owners who's purpose is to pay for what it has. Nothing more and nothing less. If your HOA is responsible for roofs or roads, then it is even more important to make sure funded. A HOA is ONLY funded by it's members FOR it's members.

So instead of spouting off hatred of HOA's you may want to educate yourself WHY and their purpose of existing. You have the choice of being part of the running of the HOA or just being a dues contributor only. No one is forcing you to participate any more than paying dues. Don't do it? Then you deserve what you get.

Former HOA President
TimT6 (Ohio)
Posts: 26
Posted:
Oh okay I must be ignorant then, I managed with my unique form of grammer to beat 2 different attempts to be sent to a HOA penal colony here. Lols you got me I have no clue how a HOA works. I am totally ignorant but I guess by sheer ignorance and my weak will to resist from rolling over and letting others dictate to me what I can or can not do to my own property inside or out, yet I do because citys has a thing called code violations or zoning restrictions which are restrictive enough. Can you imagine secret meetings of a few clowns changing say outside lights for the whole community just for laughs or prove a point that do as a few says or lifes gets hotter, one year you have to have white exterior fixtures or face fines, fines turns into liens, leins turns into lost houses, lost houses funds gets pocketed by those that makes a living off stubborn home owners lols. Then next year those clowns decides all exterior light fixtures needs to be rainbow for gay pride year, just because it's fun to control the masses. Hysrororically has been known to happen, but its typically happens at American flag hating hoas. because some clowns uses signage clause to hide their hatred for what the flag represents.

As for hate, maybe some here are just confused how hate works, hate isn't about when someone just disagrees with your opinions. I don't hate HOAs I just disagree with some forms of it, I seen neighborhoods go in terrible looking properties because nobody bothers having individualism self pride, instead they just do the minimum in upkeep of their property's where nobody can show individualism expressions of self pride. My community hoa is terrible, it offers nothing but leins on houses. It enforce nothing but pay up or we seize your homes., niw those whom gets Leinster probably hates HOAs now lols. Me I enjoy it. To know some in it are driven nuts knowing as they drive by our section were causing them grief because of what they tried doing, one idiot taking it upon themselves to aquire property to maintain yet unwittingly didn't do due diligence first to bother finding out our HOA was canceled, they assumed that just because its recorded deed restriction its a up and running HOA. Funny you would think HOA law firms could just enforce deed restrictions and go to any recorders offices and do that to any neighborhood they wanted to. Thank God for checks and balances and overly completed laws, times it causes so much confusion some guys with bad grammer, beats them.
TimT6 (Ohio)
Posts: 26
Posted:
As for HOAs only paying for what it offers nothing more or nothing less is misleading and you know it. Apartment complex has example roof needs repaired, any repairs past emergency funds that depletes the HOAs reserves, all unit owners will be billed extra till the escrow is re overdue. Same goes for repairs to protected wetlands funds this gets depleted fixing that issue, who restock their hoa reserve escrow accts when major financial burdens happens??? Its all the owners right!!! But hey nothing more or less..lols

Think of a hoa as a escrow acct and local auditors jacks up your taxes, you end up with huge unexpected payments till the escrow is caught up isn't that right?? Or am I just an ignoramus how hoas operates....

GeorgeS21 (Florida)
Posts: 3,808
Posted:
Whacky stuff, Tim.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Tim,

It's the first I heard of any situation similar to yours.
It is unique.

Best advice I could offer would be to contact an attorney versed in property law to see how to remove the deed restrictions.
TimT6 (Ohio)
Posts: 26
Posted:
Quote:
Posted By GeorgeS21 on 12/21/2020 4:55 PM
Whacky stuff, Tim.

Lols I use a book titled fighting hoa's for dummys

That hoa uses a yellow book with title, starting up a hoa that thinks they know it all without knowing it all for dummys.

If I ever write such a book its only 1 page on it. Know a hoa from cradle to grave, you dont need to know how it functions you just only need to know how its legal or when its not by just reading your states laws. I discovered by looking at my states businesses licenses by chance then googling big words and cross referencing state court cases on Key word ages in them. A hoa i never knew are considered a business, there its explains your hoa life cycles, there and only there is everyones golden ticket to disbanding their hoa.

Hoa business licenses are on a 25 year life line, if you do not do anything before that time it automatically renews itself for another 25 yrs. You can only stop a hoa during a limited window of opportunity anyone tells you other wise may have motives who knows lols.

Badly thought out deed restrictions misplaced deed restrictions and badly thought out businesses license saved my section from Being in their hoa. Starting up your hoa has to follow states laws. Just think if I believed those lawyers stating were in their hoa, wouldn't I just take them for their words, and if I did, id own Brooklyn bridges everywhere being a good sheepish follower.
TimT6 (Ohio)
Posts: 26
Posted:
Quote:
Posted By TimB4 on 12/21/2020 5:18 PM
Tim,

It's the first I heard of any situation similar to yours.
It is unique.

Best advice I could offer would be to contact an attorney versed in property law to see how to remove the deed restrictions.

Oh. No lols no thanks, we know if we do were boned were intentionally keeping this in purgatory. All we need is a judge making a liberal decision on their intentions lols. We as a community has to initiate this and that opens pandora box.

Apparently were not alone, there's others like our situation. I just pointed out what others should look for, if your hoA was started improperly you can send it to a never ending purgatory where others can't go into to bring you back to hades lols.

Yes we have a deed restriction but its now unenforceable, proper procedures were not followed, but there was intentions. Were in a hoa nightmare if we wake it up we're screwed. But only we're able to wake it, not that builder. There's 30 lots, it takes 21 lots to agree to revive it and continue its intended path, us other hold outs will not be in it, but our deeds will be changed to reflect being in a hoa then and new owners has to join it. From what we're we led to believe hiw it could possibly pan out. But as long as its not financially sound for that hoe to bother trying, we fear that when the EPA fines them, they will go for it to help recover of costs.

Me I'll be that house with the whackyest colors and tire flower pots in my front yard kind of guy then. Lols
TimT6 (Ohio)
Posts: 26
Posted:
Here's a question each lot has to have a certain square footage of a house built on it, each lot then has voting rights...thats fair right 500 houses 500 lots 500 votes. Say you need 85% of eligible voters to stop your plan. Now you being a educated President you calmly inform your surfs they lost, due to a technicality because there's lots that legally can't vote because their community properties and has no voting rights so they missed their % mark to stop you. Simple over looked scenarios can be used as ploys. Now those lots have chalked up as having voting rights but only by those running the show, wonder how many hoa's uses lots like that to vote with thats not fair right.

So when a hoa has that simple over site where someone with bad grammar could figure out hiw to abuse and game the system figured it out, some educated board members sure had to had and nobody fact checks which lots legally can not vote but some body's voting with them. Because their playing 500 lots 500 votes but 40 lots are common properties and board members voting with them. Man the scams going on and nobody notices it. But guys with bad grammers lols
TimT6 (Ohio)
Posts: 26
Posted:
Eeeerrrrrr... just trying to say I bet theirs more boards using lots to vote with then there are people bothering to check if community lots are voting when they cant. Anybody disagree with that probably doing that lols and has a guilty conscience. Its easy to over look that happening, you have 500 lots, you think there's 500 votes, but that's impossible due to 40 might be common property's with no house holds to vote. Some board members just packing the counts and nobody knows their getting railroaded with one person voting 41 times. As an example, till someone reads this prints out their lots and checks off each vote on each lot and sees common properties somehow are voting against them lols
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Huh? Anyone yet followed any of this yet? Can't blame inability to type on a phone. It has autocorrect to nauseum. Is there a thought here or am I missing it? Just troll along you got the wrong audience here. Go talk to the lawyers. Wish you luck they can understand a word you say.

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MelissaP1 on 12/22/2020 4:21 AM

Anyone yet followed any of this yet?

Not easily.

The developer improperly filed deed restrictions (wrong information) on (at least) one section of the development.
Additionally, the business entity, HOA, Inc, was improperly filed and deadlines were missed to correct those filings.
The OP states, but never provides supporting links or citations, that statutes now prevent correcting said errors.
These statutes prevented the new declarant from correcting the issues.

Since the errors were never corrected, the documents (for the OPs section of the development) are invalid and unenforceable.

Hence the title of the thread (paraphrased to make more sense): Dissolving an HOA is easy if it's done before it's legally created.

I have heard of this occurring from time to time, errors failed to properly include a single property or an entire section within a development. I ran away from purchasing in one development where (due to errors) each block had their own separate covenants but one HOA.

It's rare but does occur.

As George pointed out, the OP has a unique writing style that (for me) made it difficult to follow and comprehend the desired message.
It's also possible that I actually understand none of the message.

Tim T: I'm glad your happy.
Have a good Holiday.
Stay Safe.
Or as the Navy says: Fair Winds and Following Seas.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Thank you "Tim Translates". LOL! Have a Happy Holidays!!!

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
If I recall past posts, there was a person fighting their association claiming her? property was not included in the original docs but the association claimed she was a member and kept billing her?. Seems to me she won but I do not recall how long it took her and how much money it cost here.
TimT6 (Ohio)
Posts: 26
Posted:
Quote:
Posted By MelissaP1 on 12/22/2020 8:49 AM
Thank you "Tim Translates". LOL! Have a Happy Holidays!!!

In brief original developer filed a deed restriction naming our HOA, in 1999. Dec2003 first section was completed we bought the last house in it. Then new developer bought out the rest of the lands for sections 2 through 7, before the 1st developer could. 2nd developer then finished 2nd section and attempted to start handing over HOA to the community.

Somewhere between 1999 and 2004, the 1st developer decided to cancel his HOA, we suspect because a huge home building company dirty tactics of taking the rest of the lands and used his plans from his original ideal for his community.

17 days after the 5 yr HOA business expired after several warnings by the state, the new developer hired a property management company and tried collecting dues.

Then it started building sections 3 and 4. Us in section 1 never been told or signed any acknowledgment, I noticed documents errors, in the 1st developers recorded deed that was filed in with the purchase of the first section lands from a farmer, it was not filed separately.

Then I noticed the states business license had serious errors also, like wrong city and county and 2nd developer did not assume being the agent and the 1st developer pulled the HOA business license after state threatened to cancel it for lack of an agent and approaching that first 5 year time line.

We just assumed the 1st developer refused to hand over his HOA, after the 2nd guy pretty much bought the rest of his lots out from under him.

As original cc&r, specifically states the 1st developer has to own 1 lot, before he can start transferring the HOA over to his community.

The critical issues were, HOA was not formed properly by law and procedures, due diligence was not preformed by 2nd developer that the original HOA start up was going accordingly to law. No rectifying was done to bring in the 1st section into compliance before the first 5 yrs. By just making proper notices and correcting all lots in 1st section.

So basically we got lucky getting out of a HOA nobody informed us about except the 2nd developer when he assumed a ithout bothering to check first, he must of just saw the first developers cc&rs in recorders office, obtained our house was built by the 2nd developer in section 1, ours was the last lot to been sold, the original cc&r never mentioned other sections in it. Some how 2nd developer tried to start it after his 1st section was completed.

All we did was state that there were numerous defects in the original document of the cc&r was vague it was just a boiler plated language and not recorded properly, 2nd major issue not 1vsingle lot signed and acknowledgement they were aware of a deed restriction and joining HOA or future one. 3rd state canceled the Governing documents of the 1st developer after he waited till last day he could to file a response and in it he just quit lol.

I just wonder how many other HOAs are like this, that nobody fact checked to make sure it was a legal HOA and they all just agreed and joined it not knowing it was never legal but they didn't follow the laws and could had not bothered to join a rouge HOA.

What was funny was our house was built by 2nd developer. He didn't even mentioned a HOA. We only found out about it once we got our first HOA dues and in a 2 years arrears of it. I just did googling in Ohio, how a HOA is formed and steps it must complete and statues of limitation applys. And our section pointed out this collection was attempted civil violations, I just called it attempted wire fraud, racketeering, fraud, attempted title fraud, cause not 1 lot had a hoa included in the title search and many other allegations.

After 2 months the property management after due diligence agreed on our concerns. Then a few years later the HOA new management company came at us again, this time using a deceptive last words that was high lighted and under lined, By signing this document you are agreeing to voluntarily join our HOA. Lol this was after basically threatening us with civil prosecution. Again we just sent this new company the same documents along with that HOAs first try at our section. So yaw its confusing. But simple same time.

There are laws a builder must follow, I tell others research your HOA best place is in your recorders office that has CC&Rs there and any changes to them over the years. 2nd place is with your states business licenses. The 2nd builder has to assume control of the business license, which never happened in our case.

And as states are beginning to crack down on HOA abuses, they are now allowing you to get out of them, if you can prove serious defects in them and A ILLEGAL HOA is a sure firecway to disband it, if its was never legal in first place and no lotowned has reviewed their HOAs for serious legal ddfects.
TimT6 (Ohio)
Posts: 26
Posted:
I know of a few HOAs of community's that has different names of a HOA. But are same community.

A coworker bought a house from same developer in a different community. Apparently first sections in entrances to it has stricker CC&Rs then those sections further back in them. Guys in back allowed above ground pools, where those at entrances can't even have a kiddies pool up, itsva builders ploy they use in their first sectionsat entrances to make it look nicer community. My friend actually paid $25 permit for a wrought iron fence in his yard from his future HOA, moved in had it installed costed over $5k cause it was decorative nice built looking fence, only to get a notice by his same HOA that approved it, only to threaten him a lien if he didn't take it down with in 30 days cause they changed their minds lol

Thdn I told him about my community HOA, they ignore everything, people have cheap green wired fences in their front yards for their pets lols

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