update on don't belong to HOA but have to pay them

Started by TaraP • 4 replies • 1196 views

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TaraP (Wyoming)
Posts: 15

Posted:

hey everyone,
it's been a few weeks but i have some small information
on my situation.
I went to my court house to search for my platte
to see if i was in the sub division that claims i belong to.
come to find out my propert is not located in "their" sub.
my property was excluded from them at the time of the development.
so i think they the HOA do not have any laws to bind me to their HOA 'rules' and
so on. i now have a new question to find an answer to...
if i dont 'belong' to their HOA is there anyway after all the years this house has
been on thier well, can they some how force me off the well?
i know i have to find a lawyer but this is a small town and i will have to find
one out of town.
The DEQ is hot on their butt because the water has never passed any test nor has it
ever been tested since the subdivision 'started'they are trying to get a grant to
fix the well problems.
just thought i would give you all an update.
thanks for being here for me.
tara.

SueW1 (Texas)
Posts: 26

Posted:

I think you will need to find out if your street has been annexed. The city records on annexation should have these records. You should be able to pull up records on line for these cases. Hopefully! You may be able to call and speak with them but to be on the safe side, you really need to see it for yourself. I have been told by my city records clerk there could be different recordation on a property and they don't always get pulled together.

I had to go to the city hall and pull the survey on my property because of verizon kept digging up my yard and going down one side of it because my property is the hook up spot. argh! They were trespassing because there is no easement on one side of my yard. One set of records did not show the easement on the front and side together, just the front. So, this is when I had to ask for specific records that have the current updated easements. So, make sure you get the current records on the neighborhood.

Good Luck.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Tara,

I'm still curious to know what happened to the well you were told you had on your property. Is there one? If so, why can't you use it? If there isn't one, can you drill for one? This might be your best way to resolve the issue. Of course it will all depend upon whether or not you can get a perk test and how deep you will have to drill.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Your question was: "is there somehow they can force me off their well."

I think you want to ask: "after all these years, can they stop providing me with water?"

The answer is "probably", but they would have to shut you off, which would involve a dig-up, turning off a valve, capping it off, etc.

Also, you could file a lawsuit against them for doing so, since they have always provided you water and without cause, they can't just shut you off.

But YOU must be prepared to pay for it!! There are costs associated with providing water to homeowners.

If I were you, I'd get my own well dug. Sounds like they have a lot of problems of their own with water quality, etc. and you might be a victim of a big debaucle.

Good luck. Either join in with them, or get away from them entirely.

BrianB (California)
Posts: 2,820

Posted:

yes, they can stop providing water to you.

Before you start using your well, two things: have it tested. there may be a reason previous owners never used the water.

Second, get a lawyer: having a WELL doesn't mean you own the Rights to use it, even on your own property. If water rights have been sold by the state to others, you may not legally be entitled to draw water from your own well. Water rights are funny, and often vicously guarded.

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