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Old 07-16-2009, 09:33 PM
 
3,145 posts, read 3,332,847 times
Reputation: 1198
I looked out back today and saw part of our fence broke and fell. I laughed. Yes, it's fixed and so is the fence that was down in the subdivision. I laughed because I could have easily been all bent out of shape about the one I saw the other day. HOA's and my personality do not mix. Today when I saw our fence down it couldn't have been more clear we're in the right place.

Cheers IC_deLight, I love to read what you write.

Nice to hear from you again.
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Old 11-03-2011, 12:32 PM
 
5 posts, read 3,190 times
Reputation: 10
Wink Collecting Dues

My HOA in Michigan is in a similiar situation. Our HOA dues are now up to the maximum in our Covenants and we have 15 out of 71 homeowners who refuse to pay. No one wants to put on a lien. We can't get legal advice. Even the lawyer who put together the Covenants 22 years ago does not think it is "worth his license" to get involve. However, we are registered with the state and you can't move without paying, because the title company will call the Treasurer or President to see if you paid your dues.You also sign a form with the real estate company when you list that equity loans, dues, and liens are paid. I failed to mention that our dues are $50/annually.

Last edited by IWasOnTheBoard; 11-03-2011 at 01:00 PM.. Reason: Omitted one important piece of info
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Old 11-03-2011, 04:28 PM
 
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When buying a new house that's a part of the HOA, does the buyer sign something to "enter" that HOA? Can one refuse to sign that and effectively "opt out"?
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Old 11-03-2011, 04:44 PM
 
Location: Pflugerville
2,213 posts, read 2,428,798 times
Reputation: 2175
Quote:
Originally Posted by Pulzar View Post
When buying a new house that's a part of the HOA, does the buyer sign something to "enter" that HOA? Can one refuse to sign that and effectively "opt out"?
No.

When you buy a property that is part of an HOA, you are automatically a member of said HOA, and will sign papers stating so at closing, as well as recieving the covenants of said HOA. You cannot buy an HOA property and not join the HOA.

Sellers are required to let you know of the existence of an HOA at the time of purchase. If you want to "opt out", then you don't buy the house. You don't get to have it both ways.
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Old 11-03-2011, 04:47 PM
 
Location: Avery Ranch, Austin, TX
5,281 posts, read 6,271,339 times
Reputation: 1978
Quote:
Originally Posted by IWasOnTheBoard View Post
My HOA in Michigan is in a similiar situation. Our HOA dues are now up to the maximum in our Covenants and we have 15 out of 71 homeowners who refuse to pay. No one wants to put on a lien. We can't get legal advice. Even the lawyer who put together the Covenants 22 years ago does not think it is "worth his license" to get involve. However, we are registered with the state and you can't move without paying, because the title company will call the Treasurer or President to see if you paid your dues.You also sign a form with the real estate company when you list that equity loans, dues, and liens are paid. I failed to mention that our dues are $50/annually.
Wow! I know times are tough, but you have 15 folks risking legal action by not paying FIFTY DOLLARS a year?!?

Does the HOA have an actual operating budget? Can't get a whole lot accomplished on three grand annually, I wouldn't think.

BTW, sorry to latch on to a thread that's been dead for over two years. I...am...ashamed.
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Old 11-03-2011, 05:46 PM
 
99 posts, read 84,111 times
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Quote:
Originally Posted by 10scoachrick View Post
Wow! I know times are tough, but you have 15 folks risking legal action by not paying FIFTY DOLLARS a year?!?
It's unlikely that 15 homes can't afford 50 bucks... It's much more likely some kind of a concentrated effort to disband the association, or force some kind of a change, IMO.
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Old 11-03-2011, 05:50 PM
 
Location: Pflugerville
2,213 posts, read 2,428,798 times
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Quote:
Originally Posted by Pulzar View Post
It's unlikely that 15 homes can't afford 50 bucks... It's much more likely some kind of a concentrated effort to disband the association, or force some kind of a change, IMO.
According to the poster 10scoachrick was quoting, it was indeed a power play on the part of a few homeowners to get new covenants adopted in the HOA without going thru the democratic process of introducing the new covenants and having them voted on.
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Old 11-03-2011, 05:54 PM
 
99 posts, read 84,111 times
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Quote:
Originally Posted by JayBrown80 View Post
and will sign papers stating so at closing, as well as recieving the covenants of said HOA.
Hypothetically speaking, if I don't sign those papers, what happens? Does HOA have the ability to block the transfer of private property from one person to another?

Quote:
Originally Posted by JayBrown80 View Post
You don't get to have it both ways.
I was inquiring about a situation where one wouldn't want to use any common areas. I absolutely agree that you can't enjoy the benefits of HOA and not be a part of it.
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Old 11-03-2011, 05:59 PM
 
Location: Pflugerville
2,213 posts, read 2,428,798 times
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Quote:
Originally Posted by Pulzar View Post
Hypothetically speaking, if I don't sign those papers, what happens? Does HOA have the ability to block the transfer of private property from one person to another?



I was inquiring about a situation where one wouldn't want to use any common areas. I absolutely agree that you can't enjoy the benefits of HOA and not be a part of it.
I am not attacking you and I am not assuming that you are trying to "work the system". Sorry if I came off that way.

Hypothetically speaking, if you don't sign the papers, it doesn't matter, b/c membership in the HOA is contingent upon purchasing the house. When you bought the house, you became a member of the HOA.

It's sort of like when you move into a state, you are now subject to the laws of that state, whether you signed anything or not. So if someone from New Hampshire moved to Texas, they would have to start to pay sales tax, b/c that is the rule of the state they moved into, in this case Texas.

An HOA can indeed block the transfer of private property. All they have to do is file a lien. But really, anyone can file a lien, they dont' have to be an HOA to do that.

As far as "opting out" of the HOA, and willingly giving up your access to HOA common areas, that situation is not allowed for several reasons. One, the HOA would have to expend a considerable amount of resources to make sure everyone in the pool was a "willing" member of the HOA. Not to mention the facts that HOAs benefit neighborhoods not just in maintaing common areas, but also in helping a neighborhood maintain it's value over time. Your property values are protected whether or not you use the pool, so you do benefit from the HOA even if you don't utilize their services.

****CAVEAT TO ALL YOU CRAZY ANTI-HOA PEOPLE OUT THERE. I know some of you think HOAs are evil and they all suck. I am speaking hypothetically only about an HOA that is serving it's intended purpose.
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Old 11-03-2011, 08:08 PM
 
5 posts, read 3,190 times
Reputation: 10
Quote:
Originally Posted by 10scoachrick View Post
Wow! I know times are tough, but you have 15 folks risking legal action by not paying FIFTY DOLLARS a year?!?

Does the HOA have an actual operating budget? Can't get a whole lot accomplished on three grand annually, I wouldn't think.

BTW, sorry to latch on to a thread that's been dead for over two years. I...am...ashamed.

Yes, we have a budget. We spend about $1,700 for maintaining the entrance and 2 cul-de-sacs which is a one time spring clean up and maybe fresh mulch applied by a landscaping company. We have an ornamental little house at the entrance that has required a new roof and a paint job last year. With money left over we may pay for a few snowplowing jobs before the county gets here, garage/sub sale advertisements and maybe a social gathering affair for the sub or for the kids. A few of the disgruntled people tried to put through "new covenants" that failed to pass with a voting ballot that was not secret. (Now they would like to "dissolve" the HOA. Other people are just going along with the thot that they can get away without paying. Our covenants are recorded at the Registrar of Deeds and are included in everyone's deed, so they cannot be ignored, and there is no opting out. Title companies must run a search for a clear title and they recognize the existance of the HOA in the deed and we are registered with the State of Michigan as far as the names of those on the board. So, the treasurer or the president of the HOA is called. Also, I am told that it is common practice for the realtors who list the property to have the seller sign a document that all liens, home equity loans, and HOA fees are paid.

Last edited by IWasOnTheBoard; 11-03-2011 at 08:17 PM.. Reason: Adding a clarifying statement
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