HOA/Committee Members / And Fraud

Started by SandyS1 • 1 replies • 960 views

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

⚡ Takes 30 seconds

Already a member? Log in

SandyS1 (Georgia)
Posts: 1

Posted:

We have a local attorney and about 10 to 12 property owners out of 192. That are trying to force a homeowners association on our community with fraudulent documents that the attorney created and added signatures from a list that was obtained by these 10 to 12 people from our community that came by to get signatures on a petition for the upkeep of our front entrance (which is the only common property). Then about over a year later these signatures were attached to an Amendment of Protective Covenants and filed with the Clerks office. The community if only interested in a voluntary basis of contributing funds for the front entrance. Many homes had been sold and the signatures that were fraudulently used were not the property owners at the time the attorney drafted this docuement. Also Attorney personaly notarized all 117 signature that she attached to this document with out the knowledge or presents of the persons signatures that was used in her unethical and fraudulent practices of law. One of which was mine. I have submitted this information to our State Law Board for review. I would like to know the proper steps that should have been taken if an legal HOA was formed?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Sandy,

This is a topic that has been discussed numerous times; however, I'm not sure anyone has the correct answer. Different states might have different laws, or, most likely, no laws addressing changing from a voluntary to mandatory assn. In most instances the only way to resolve this issue is in a court of law. I know there is an Appeals Court decision in VA which requires a 100% vote of all property owners to change to a mandatory assn. You can shop around until you get an attorney to tell you what you want to hear, but that doesn't mean his advice is correct. For safety's sake I would suggest getting 100% of the property owners to agree to a mandatory HOA. Once you have accomplished that, the CCRs can be amended accordingly and filed with the Co Recorder's Office. Don't forget to mail a copy of the amended CCRs to all property owners. If the HOA is already a Corp (usually non-profit) you're good to go; otherwise check with the Sec of State to find out what the procedure is to form a nonprofit corp. The HOA can start assessing all the property owners from the date the CCRs were recorded.

🎯 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