BB5 (Missouri)
Posts: 145
Posts: 145
Posted:
Our HOA wants to blacktop a portion of the road that is not in the subdivision and the HOA does not own it, they are threatening to put a lein against your home if you do not pay can they do this ?
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SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
First, check your deed to see if your in the association. Check the last deed and the deed before that, etc. Check the associations deeds, etc.
If everything is no, write a letter explaining you are not part of the association and do not give the association permission to pave your road. Send it certified mail.
If everything is no, write a letter explaining you are not part of the association and do not give the association permission to pave your road. Send it certified mail.
BB5 (Missouri)
Posts: 145
Posts: 145
Posted:
We are in the HOA/subdivision but the portion of the road they want to blacktop is not (according to surveyor) the HOA wants to force people to pay for this by putting a lein against their property. Can they make you pay for something not in the subdivision and not owned by the HOA ? (it isn't common ground either)
JohnB26 (South Carolina)
Posts: 1,569
Posts: 1,569
Posted:
They can TRY.
It may cost you some out-of-pocket legal fees, but, you will be reimbursed when you win the case.
It may cost you some out-of-pocket legal fees, but, you will be reimbursed when you win the case.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
BB5
Who does own the road that they want to blacktop? Find out the owners name and inform them that the HOA is planning to blacktop his property without permission, mentioning that it is tresspassing and that there will be a lawsuit by the owners against the Board, along with the owner of the road area. Unless it is the County or City, you might get some interest from the owner.
DanielH1 (California)
Posts: 482
Posts: 482
Posted:
It is fairly well established legally that you have to pay HOA fees, even if you disagree with the HOA or feel that the HOA wastes money (or, presumably, even feel that the HOA is doing illegal things). If you don't pay, even if you have a good reason, they can still legally lien your house.
If you feel that the HOA is doing something illegal or unwise, you can either vote out/vote against/recall the Board or sue to stop them. If you sue to stop them and you win, the judge *might* force the HOA to pay your legal fees.
If you feel that the HOA is doing something illegal or unwise, you can either vote out/vote against/recall the Board or sue to stop them. If you sue to stop them and you win, the judge *might* force the HOA to pay your legal fees.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
BB5,
Are you a member of the board and know for certain this road is NOT owned by the HOA? If it is owned by them they would have a deed for that area. If they are not the owners (perhaps owned by the City/co) do you know for certain that the HOA has not entered into an agreement to maintain the road? You need to have the answers to these questions before proceeding any futher.
If you know for certain that the HOA does not own the road and there is no agreement giving them the resp. to maintain the road, then they have no authority to do so. If a special assessment was passed in accordance with the CCRs (usually the members must vote to approve) then,YES, a lien can be put on the home of anyone who does not pay the SA. A SA is treated just like the regular assessments. Late fees can apply and any action authorized to be taken to collect delinquencies can also be taken to collect a delinquent SA. As others have stated, even if the BOD was not authorized to maintain this road you should pay the special assessment. Withholding payment of assessments, including special assessments, is not the way to dispute the payment thereof.
Are you a member of the board and know for certain this road is NOT owned by the HOA? If it is owned by them they would have a deed for that area. If they are not the owners (perhaps owned by the City/co) do you know for certain that the HOA has not entered into an agreement to maintain the road? You need to have the answers to these questions before proceeding any futher.
If you know for certain that the HOA does not own the road and there is no agreement giving them the resp. to maintain the road, then they have no authority to do so. If a special assessment was passed in accordance with the CCRs (usually the members must vote to approve) then,YES, a lien can be put on the home of anyone who does not pay the SA. A SA is treated just like the regular assessments. Late fees can apply and any action authorized to be taken to collect delinquencies can also be taken to collect a delinquent SA. As others have stated, even if the BOD was not authorized to maintain this road you should pay the special assessment. Withholding payment of assessments, including special assessments, is not the way to dispute the payment thereof.
BB5 (Missouri)
Posts: 145
Posts: 145
Posted:
I took the plat map to a surveyor the road is not part of the subdivision the only part of the road that was dedicated or is common ground is clearly marked and noted that the association is in charge of maintenance. There are two /three homes along the road I am talking about they are not in the HOA can they be made to pay ?
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
BB5,
The owners of properties not w/i the HOA cannot be made to pay for any project that the HOA undertakes especially if that project is to blacktop a road the HOA doesn't even own. You need to find out who owns the road. IMO, the BOD should only be concerned with blacktopping that portion of the road that they own.
The owners of properties not w/i the HOA cannot be made to pay for any project that the HOA undertakes especially if that project is to blacktop a road the HOA doesn't even own. You need to find out who owns the road. IMO, the BOD should only be concerned with blacktopping that portion of the road that they own.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
I'm confused.
How can an outside entity (your HOA) blacktop a road containing 3 non-member homes?
Are you sure the county is not involved and there is not an SAD in effect for these homes?
How can an outside entity (your HOA) blacktop a road containing 3 non-member homes?
Are you sure the county is not involved and there is not an SAD in effect for these homes?
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
If they have not paved the road I would suggest you have an immediate meeting with all homeowners and Board to insure they do not pave until details are explained. If it does not belong to the HOA and there is no city or county requirement that you must pave, then everyone can ban together against the issue, if so desired.
This needs to be done before they pave the road and need the money ... if YOUR HOA by virtue of the Covenants or votes, authorize this expense they probably would be responsible for payment of any money due as no one stopped this from happening initially.
This needs to be done before they pave the road and need the money ... if YOUR HOA by virtue of the Covenants or votes, authorize this expense they probably would be responsible for payment of any money due as no one stopped this from happening initially.
TishS (Washington)
Posts: 116
Posts: 116
Posted:
Boy your HOA will be totally screwed if they put black top on virgin ground that does not belong to them. Damaging someones property is a very expensive lawsuit.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Just thinking - our HOA has blacktopped and maintained a road that is HALF ours. The road is an entrance to one side of the HOA and leads to several of our streets. So we have taken care of it since 1948. The county does come in and plow it also. There are three non-HOA homes on the west side of the street. Those homes were not assessed in the original SAD that the HOA got when we paved all of our roads years ago.
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