not notified of HOA existence

posted 3 years ago in Home
Post # 3
Member
9949 posts
Buzzing Beekeeper
  • Wedding: June 2013

What will the HOA provide in return for your $10/month?  

 

I have no idea whose fault that is!  It sounds fishy…

Post # 4
Member
1290 posts
Bumble bee
  • Wedding: September 2014

It definitely sounds fishy and you’re totally right to be mad about it!  I’d be trying to get to the bottom of it, contacting the city/county or whatever local municipality before I’d be paying money for something that isn’t in my contract!

Post # 5
Member
2642 posts
Sugar bee
  • Wedding: September 2012

This is something the owners should have disclosed.  What state do you live in?  I’d check and see what laws are in place.  For instance, in Virginia, it is legally required of the owner to send you the HOA rules and regulations and you are able to back out of your contract should you not like anything about the HOA.  I’m no lawyer, but you might be able to find a loop-hole to get you out of paying anything.

 

Post # 6
Member
4441 posts
Honey bee
  • Wedding: January 2013 - Harbourfront Grand Hall

@kelly105:  Yikes – what did the other homeowners that were unaware think?  Maybe you should get together with them and visit an attorney.

Post # 7
Member
11740 posts
Sugar Beekeeper
  • Wedding: November 1999

I agree that you might be able to find a loophole.  It sounds really shady, and if it’s not in your contract and wasn’t disclosed to you, I would assume that you can say you aren’t obligated to pay it.  If you really want to fight it, consult a lawyer. 

Post # 8
Member
3635 posts
Sugar bee
  • Wedding: May 2012

@kelly105:  Sounds like a good gig to me!  “Hey, you owe me $120.”

I would revolt with your neighbors and refuse to pay until they at least showed me what I would get for my $120 or held a new vote on 1) the existence of the HOA, and 2) what it did/who ran it/how much I’d have to pay.

Post # 11
Member
1290 posts
Bumble bee
  • Wedding: September 2014

@kelly105:  Even if the money isn’t a huge deal, it’s the principle.  It’s a terrible circumstance to be told that you “owe” money for something that you never agreed to in the first place!  I would definitely talk to a lawyer for advice, because what is to stop them from saying “actually, it’s $120 a month” if it’s not in your contract in the first place?  DO NOT pay anything until you have something in writing explicitly stating how much and for what you are expected to pay.  Please protect yourself from this getting worse later!

Post # 12
Member
9137 posts
Buzzing Beekeeper
  • Wedding: November 2013 - St. Augustine Beach, FL

@kelly105:  I would talk to a real estate attorney about this ASAP.  I’m not sure how legal it is to reinstate an HOA that has been disbanded.  There is typically an HOA rider on your mortgage when you purchase a home in an HOA community.

Post # 13
Member
941 posts
Busy bee
  • Wedding: April 2015

Surely there are HOA formation documents somewhere? I’d be demanding that the board allow me to review those. They should be providing documentation of what the HOA’s responsibilities are, as well as whether there are any restrictions on your property (fence height, house color, etc.) that you need to be aware of. I would think they need to provide an annual accounting of how the funds are being spent as well? Strange that the title report didn’t show the existence of HOA restrictions on the property. 

Post # 14
Member
1951 posts
Buzzing bee
  • Wedding: February 2014

@kelly105:  Hmmm… this is very strange. My FI is an engineer, and did a lot of drainage ponds in PA during the start of his career, and he said if you’re in a newer community, it’s likely the HOA who pays for the maintenance. However, there’s also a  chance the Municipality/Township SHOULD be paying for it. It all depends on the agreement. There aren’t any set rules, but I would look into it. Responsibility almost always falls on the developer/owner, but he did suggest to call the Municipality or look up the zoning ordinance online. 

Hope this helps…

Post # 15
Member
5697 posts
Bee Keeper
  • Wedding: August 2012

I don’t know who is at fault, I’d say the HOA itself and whoever the hell is running it. But before I forked over any cash whatsoever I’d make sure they have provided everyone with proper documentation of the current HOA acct balances, WHO is in charge of the money, is it a management company? a homeowner? As well as any documentation regarding HOA requirements etc…. Just cover your bases so you aren’t giving 120 bucks per year to joe blow down the street who’s mowing the lawn’s himself and pocking everyone’s cash…

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