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RichardH5 (Illinois)
Posts: 1
Posted:
I HAVE LIVED IN MY HOME IN UNINCORPORATED COOK COUNTY, Illinois FOR 22 YEARS. A few years a few new young home owners built in the area and decided for a HOA. I have never been a member, and they wrote me a letter now telling me that I am a member whether I want to be or not. They say that I was automatically voted in. I then wrote them a letter telling them that I cannot be a member because I am on a very low disability income. I have gotten a copy of the HOA by laws and there are no provisions for people on disability or social security or handicaped. They are now threatening me to do a Forcible Entry and Detainer on my home. These are single family homes on an acre of land. The assocation does no common maintainence
GlenL (Ohio)
Posts: 5,491
Posted:
Richard they can’t vote you in without your approval. You need to check what the deed on your lot requires, if it has no deed restrictions they can’t add them unless you have ignored something in the past. Start with the deed restrictions then contact your zoning board and your city council or county commissioner. Also you can contact your county bar association they often have attorneys who will assist free or at a reduced rate. If your county has a council on aging they sometimes have programs to help.

Studies show that 5 out of 4 people have problems with fractions
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Richard,
You have received some good advise here.

Tell us more about the history of the emergence of this HOA that I would have to assume has some legal authority from the state. You can't just decide to be one, you have to be granted authority to be one.
I have great empathy for folks that are older and have disabilities and limited income. I am 79 and fit pretty close to your other descriptions, so you are cutting close to the bone here. Maybe I am just lucky but I have also experienced a little of the other side of this coin. Not that there are no folks out there that don't seem hell bent or grabbing what they can and somehow have convinced themselves they will never get old, or sick or infirm or poor, or alone, or feel unprotected; there certainly are those kind of people around.

But, off the top of my hat, my advice would be to know your enemy. Find out about these people, meet with them, discuss your situation, if it is indded a new association forming, talk about grandfathering in those folks that have lived there prior to this change. It could be you can benefit by getting under their umbrella. If they do no maintainence how much are the dues. Would this association help your property values? Single family home one one acre in a HOA could be more attractive, than the same lot on it's lonesome. I suspect you are posting at a point well into this process and maybe the door that would have exempted you from this has closed, I don't know. But you do have a legimate concern, you just need to punch the right button to get it resolved. Certainly you can go the court route, but at this late date (if it is) this might not be a wise choice and there can still be other ways, that will require negotiating and mediation. Again the advise you have received seems sound to me.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Richard,

Is the street you live on state owned or is there an easement agreement in your deed?

If there is an easement agreement between all parties to maintain a road, then this could be considered the basis of an Association (even if none formally existed before).

Check your deed and/or title insurance paperwork from when you purchased your home - they should show any such agreement.

Tim
SusanW1 (Michigan)
Posts: 5,202
Posted:
Have you been provided water, roads, beach privileges, etc - or any other service all these years?

MaryA1 (Arizona)
Posts: 7,043
Posted:
Richard,

Are there deed restrictions on your property? Even so, you cannot be automatically voted into the HOA since you've lived in your home w/o an HOA for 22 years. This new HOA would have to receive your "yes" vote to be a member. IMO, they can threaten all they like but the law would be on your side. Hopefully their attorney will set them straight b/4 you are required to seek legal assistance to fight them.

The fact that you are disabled and on social security does not enter into any of this. Members of HOAs who are in your situation are obligated to pay the assessments the same as other members who are not disabled or on s/s. Everyone pays the same assessments regardless of their income status.

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