Forming A Homeowner's Association (foreclosed, HOA fees, insurance)

[septimus]

I like Baker Donelson, they are good attorneys but way too expensive for what she needs.

Call the bar and ask for a referral for a real estate attorney in Murfeesboro or look for one on Lawyers Find A Lawyer, Law Firm, Attorney & Legal Services: martindale. You want someone in a firm with less than 10 attorneys.

[akm4]

Thanks, septimus. I thought about that later.

[Mary_Moon]

babygirl523,

I'm sending you a DM with some names of real estate attorneys in Murfreesboro/Smyrna. These are all small firms and well established in the area and any one of them should be able to help you out.

[DonCorleone]

If you didn't sign a covenant when you bought the home (and double check to make sure you didn't...you sign a lot of docs at the home closing and it's easy to forget) then I don't see how on earth they can force you to participate, pay dues, or place a lien on your home.

No matter what lawyer you contact, they're probably going to want a copy of everything you signed at closing. If you have that, wonderful. Assuming you definitely did not sign a homeowner's covenant, I'd try to call the attorney that presided over your closing just to make sure. But I would not use the same attorney that presided over your closing to help you with the HOA issue. The closing atty may have worked for the builder...and thus could be in conflict.

Out of curiosity, who was the builder in the community?

[babygirl523]

I did sign a paper for an Architectural Review Committee. However, not a HOA. There were several things in the closing document that we signed (like not having an above ground pool...). I am fine with those rules. However, I'm not interested in giving money for a block party or any new rules. The developer had a meeting asking if we were interested in forming an HOA and that is when this all came about. There were several builders. Faithway Homes (Fredd Bugg) built my house.

[Steve_TN]

Originally Posted by babygirl523

I did sign a paper for an Architectural Review Committee. However, not a HOA. There were several things in the closing document that we signed (like not having an above ground pool...). I am fine with those rules. However, I'm not interested in giving money for a block party or any new rules. The developer had a meeting asking if we were interested in forming an HOA and that is when this all came about. There were several builders. Faithway Homes (Fredd Bugg) built my house.

Sort of sounds like you are already in some sort of HOA. Wouldn't the Architectural Review Committee be a component of the HOA. It is in my neighborhood. Is your neighborhood managed by a company? I'm confused.

[Steve_TN]

Originally Posted by babygirl523

Just a quick response. I have recieved letters from a lawyer and they said they are going to put a lean (sorry don't know the proper way to spell that???) on my house. Do I need to hire a lawyer or just go to court by myself...if I ever REALLY get a court date. So far, it has been just threats. There are about 20% of the people in the subdivision that haven't paid the HOA anything.

In order for a lien (not too sure of my spelling either) to be put on your home, you have to had signed something somewhere along the way obligating you to pay HOA dues. When my wife and I closed on our house, we signed documentation stating that if we don't pay our HOA dues, they can put a lien on our house.

[babygirl523]

The HOA was formed separately and they said they had to have 51% of landowners signitures before it was in affect. It can have seperate rules. The Architectural Review Committee is made up of homeowners(there is no company involved); however, they can't make any new rules. I signed a paper that stated the things that I can and can't do when I bought the house. For example, the trash can isn't supposed to be visible, any outbuilding that we build must match the brick on our house, no signs in the yard, no above ground pool...there was about a page of that stuff. Plus, any type of porch or anything you build must be reviewd and approved by the committee before it is built. However, the HOA has new rules and can create new rules whenever they like. I didn't sign anything for that. Don't worry, your not anymore confused than I am. I specificially moved into this neighborhood because there WASN'T an HOA. If it comes down to it, I will allow them to put the Lein on my house. I would rather pay it off when I sell the house then to give them the pleasure of using my money now! I really don't think they have a leg to stand on. I just think the lawyer is trying to scare the rest of us into paying. So far, just threatening letters. What really tops it off is that the guy that was so gung ho about this homeowners stuff is now moving out of the subdivision. He stirred it up and is taking off. Read more: http://www.city-data.com/forum/nashv...#ixzz0X1vH4DOL

[DonCorleone]

My guess is (and it really is a guess) is that the builder had some sort of builder-run HOA set up in place where the HOA existed to preserve the builder's original design, harmony of the community, etc. Maybe then the builder required homeowner deposits to get the operating account up and running. Then the HOA might be then turned over to the actual community when the builder is finished building. Maybe that's where the 51% vote came in. But "Archictectural Review Committee" and the rules and regs all sound exactly like a homeowner's association. My bet is you signed up and didn't realize it.

If you were truly never given HOA paperwork at the time of closing, then I'd bark up the closing attorney's tree. Not that it's going to get you much of anywhere. Maybe if you get a good attorney they can get the HOA to forgive the lien threat, but you'll probably be stuck with paying dues in the future. Just my $0.02. Good luck, though.

[babygirl523]

I can PROMISE you that I didn't sign up for no HOA. If it is the same thing as the Architectural Review Committee then why did they try for a year to form the HOA before they got enough signitures (at least what they say is enough signitures).....I'm not buying it.