Update and yet another question

The man i called 'john' is a homeowner here. In the beginning a group of us just put people in charge of 'things to do', to get the ball rolling on fixing the road. John became president of our "unrecognized"hoa. Another we called Treasurer and I was called Secretary BUT nothing ever came of anything. Many of us put money in together for a particular job on 2 of the roads, only one was done and many were very upset...leaving our 'hoa' empty and broke. and the roads continue to fall apart.

so I get a letter in the mail the other day, stating how we are now recognized by NC Sec. of State and now he is trying to collect in arrears..since 2008! Leaving a bill of $900! Since receiving this letter four of the people in our subdivision have called me in concern. No one wants to pay money if their part isnt going to be fixed, which is understandable. My road is the worst and it wasnt fixed well at all! so now everyone is worried about this "john". Apparently he has had many run in's with a few of the neighbors over the years and no one trusts him. Which leaves me screaming in my head "then why the hell would you vote him as president!!!"

I intend to pay as best as i can. They know that i am a single mom going to school and I really cant pay out $900 but when i get my taxes I will pull $500 out of that BUT THE ROAD BETTER BE FIXED!

so my first question is this: Can he charge people in arrears from the date that we became recognized? Who sets the charges?

and second: Here is the link to my deed, as it is public record anyhow, and you can note in #10 restrict. that it doesnt state anything about the HOA rules & reg's. Arent we suppose to vote on that together or does John just make things as HE pleases (which is another concern for people)

Thank you all for bearing with me!!!

http://maconncrod.bisonline.com/ImageDisplay.php?dbp=U-31/666

Never mind - I saw your previous post.

There seems to be an authority issue going on here. Is there a board?

The $900 was determined by $300 dues/yr. which is from 2008, when we started getting together as a team, not an hoa and $300 start up fee , meaning start of HOA - which led me to yet another question...can he charge in arrears and why is there a $300 start up fee?!!!

as far as the bids..we had 3 of them. We agreed on one but John went and used the cheaper of the bids, which left us with a crappy job! and john only did one of the roads when we all agreed for the 2 roads to be done.

we dont have common elements here. me & 3 other people are on 1 well, 10 are on another and then some others on another well. all of us are responsible for all of the roads

the major problem is that the road if falling apart and no one wants to do anything til we have money BUT everyone is afraid to put their hard earned money in when their road is not worked on. I have put in labor of my own and put cold patch in the bad areas, dug up some dirt to direct the water better and my efforts have helped a little.

and did you copy and paste the link b/c it's not a hyper link.?

John is probably making mistakes and doing things that could be challenged in a lawsuit.

John may also be a jerk and a bully that rubs people the wrong way.

But, be that as it may, he has apparent authority and, if he goes to banks, collection agents and management companies and says that he represents the HOA, those banks, collection agents and management companies will probably believe him. If he sticks with it and fronts some money, those outsiders will come in and start collecting fees, providing services, liening houses and suing people. If your neighbors don't nip this in the bud and start confronting John instead of ignoring him, John's apparent authority will transform into real authority. Even if John does a bunch of things wrong, your neighbors will likely still have to comply because they just want to play defense.

If you can talk to John, talk to John. Try and try to talk to him. If not, a lawsuit is your only defense.

I will also point out that HOA members cannot legally withhold HOA fees for any reason, including because they don't trust the HOA, the HOA built a bad road or didn't keep some promise to them. Lawsuits have made this fairly clear: people must pay their HOA fees, in almost all circumstances, and, if they don't, the HOA can fine them and foreclose on them, just like anybody else who doesn't pay.

Candice,

The problem as I see it is that John has gotten too big for his breeches! If there is to be an HOA, then every property owner will be a member and will be entitled to vote for the board of directors. When there was no HOA, it was OK for the interested property owners to get together, elect a few officers and pitch in money to take care of the road problems. But even in that situation, the Pres - John shouldn't be doing as he pleases; the three of you should have been getting together and deciding what to do. But now that has changed with the formation of an HOA. Regardless of whether the road is taken care of to everyone's liking or not, everyone must pay their assessment. Once some money has been built up in the treasury a reserve fund should be set up to take care of the long range road maint issues. The CCRs should spell out exactly how the assn is to be run and what the restrictions are. The bylaws only address admin procedures. The first order of business should be to call a meeting of ALL the members (property owners) and elect a board of directors.

I believe this is the second thread you've started; both addressing the same issues. In that other thread I talked about the assessments and how they should be levied. The CCRs should discuss the assessments and what they are for and whether or not everyone pays for upkeep of all the wells or the members only pay for their own wells. Usually the BOD (not just one member of the board, i.e. "John"!!) has the authority to determine the amount of the assessment. The assessment can be paid monthly, quarterly or yearly, usually at the discretion of the board. The assessments commence as soon as one becomes a property owner. John is assessing everyone the same amount which, IMO, may not be proper. I'm sure everyone didn't close on their home the same day of the same month of the same year; right? If the BOD decides to bill assessments in arrears, then it must be based upon the length of time each property owner has owned their home. Also the $300 start up fees cannot be assessed unless specifically stated in the CCRs.

Glen,

The problem I have with "John" and the other 2 individuals being presumed board members is that they were NOT properly elected by the members of the assn. Candice has stated that 10 prop owners got together and chose them. I get the impression all the members of the assn were not noticed of a meeting to elect board members. If they want to get this assn running properly they need to hold an election and give ALL the members of the assn a chance to perhaps run for a position on the board vote and. It's no wonder some members are balking at "John's" actions; they're probably wondering who put him in charge!

Glen,

Well, it certainly wouldn't be the first time we didn't get the whole story from the OP. Where is Paul Harvey with the "Rest of the story" when you need him?