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Old 05-10-2009, 09:13 AM
1 posts, read 3,746 times
Reputation: 11


My builder has control over our HOA's. In my New Construction Purchase and Sale Agreement myself, my husband, Steve Rackley Construction, and Century 21 Burdette Realty Tina McDaniel agreed to $300.00 yearly with a $100.00 initation fee. Earlier this year I received a letter stating our HOA fee is being increased to $450.00. Is this legal? Can the HOA be increased when my Sales Agreement states approximate amount of $300.00 yearly?

Last edited by CF0963; 05-10-2009 at 09:16 AM.. Reason: spelling
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Old 05-10-2009, 10:30 AM
Location: Cobb County, Georgia
755 posts, read 2,029,965 times
Reputation: 289
I'm not sure on being legal or not. Is your subdivision finished? Unfortunately I think they can raise it regardless of what it states in your agreement.
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Old 05-25-2009, 03:43 PM
Location: Ellenwood, GA
10 posts, read 157,278 times
Reputation: 22
Good question about whether the construction there is finished. Is this a single family construction site or condo? If it's a single family setting, rates generally aren't increased until a Board of Directors are stood up and the financial status of the Association fully assessed. In my homeowners association, we had to raise the dues because about half the residents were delinquent and of course we had to pay for property management services.
I recommend you take a look at the notice again and see if it stated why the dues were being increased. If the ruling Board cannot clearly explain why the rates are being increased, contact other residents and find out where they stand. Ask to see financial records on a detailed basis and to include accountability for the increase. Approach the Board as a group if possible and if you feel you still aren't getting straight answers, take the issue to court. Feel free to pick my brain for more info if needed.
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Old 05-25-2009, 05:42 PM
593 posts, read 2,559,689 times
Reputation: 281
Disclaimer: I'm not a lawyer but if it's just a simple agreement to pay you or pay the HOA $300 a year then that's the agreement.
If the contract said th seller will pay the HOA dues for however many years then it would be a different story. They'd have agreed to paid the dues no matter the increase.
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Old 05-25-2009, 09:13 PM
593 posts, read 2,559,689 times
Reputation: 281
Just to give you an example, I made this mistake with my prior home purchase. I wrote in the contract seller to install a fence by such and such date or pay X number of dollars. Well that X number I pulled out of my rear end without actually finding out what it cost to build the fence. So when the estimates started rolling into the seller they just let it lapse and paid me the money. So not only did I not get the fence, I had to wait a long time to get the money. I had a dumb realtor. Oh well. Live & learn. It's easy to make mistakes like this when buying a home because it's an emotional time and stressful and your mind isn't always thinking clearly.
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Old 03-17-2010, 11:18 PM
2 posts, read 3,858 times
Reputation: 10
How about this?

I live in a community that was started in 2005.
the developer still has control of the community "which is a single family neighborhood" and increased our yearly assessment from 650 to 1250 and also gave us a special assessment of 1000 a total of 2250.
that was for 09 now 2010 comes around he did it again.
He is charging us for 20,000 of pine strawl but he hasn't put one bail down.

Alot of crap.

I feel there has to be some kind of criminal act going on.

I'm just a firefighter and can't afford to pay an attorney to fight it.

feel free to email me with any ideas [email]luttrell1874@aol.com[/email]
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