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We bought in a older community years ago with no HOA. There were covenants that were decades old that no one had followed and the developer was long gone. Lo and behold, last month new strict covenants were filed with the county. A few residents that made them up were able to get 50% of the homeowners to sign off on them. The rest of us were not notified that a legal document had been drawn up or a vote was being taken until it was all over.
It says any neighbor/neighbors can sue other neighbors for breaking the new rules. I'm in shock that this is legal. It certainly isn't ethical.
Well, your neighbors, in an effort to control whatever they think they need to control, got together and formed a de facto HOA without telling those who they felt might have objected.
Welcome to an "HOA run community".
Now that your neighbors have done this, chances are you only have two options:
1. Live with the new rules and the new HOA board of directors.
2. Sell out and move. If they didn't bother to let you know what was going to take place, they won't miss you.
Well, your neighbors, in an effort to control whatever they think they need to control, got together and formed a de facto HOA without telling those who they felt might have objected.
Welcome to an "HOA run community".
Now that your neighbors have done this, chances are you only have two options:
1. Live with the new rules and the new HOA board of directors.
2. Sell out and move. If they didn't bother to let you know what was going to take place, they won't miss you.
There is no association, no board, no elections. When I checked with our state senator's office last year, they said you couldn't be forced to join an HOA that was formed after you purchased your home, that those would be voluntary and rules applied only to those who joined. This is just neighbor suing neighbor.
There is no association, no board, no elections. When I checked with our state senator's office last year, they said you couldn't be forced to join an HOA that was formed after you purchased your home, that those would be voluntary and rules applied only to those who joined. This is just neighbor suing neighbor.
There is no association, no board, no elections. When I checked with our state senator's office last year, they said you couldn't be forced to join an HOA that was formed after you purchased your home, that those would be voluntary and rules applied only to those who joined. This is just neighbor suing neighbor.
So, since you were not advised of the new rules, and did not join the group that created them, they actually do not apply to you, and have not become part of your deed?
Then it appears you do not have a problem. Your neighbors can not sue you for violating rules that you had no part in creating, and did not agree to!
It sounds like you can sit back, live, love, laugh, and be happy, and let the neighbors fight it out amongst themselves! "Cain't hardly beat a deal like that!"
y'know, I can do all those things, and if I would call my realtor tomorrow and list this place, I bet it would sell within 30 days, at approximately a 50K profit!
But, the difference between us, I guess, is that I did NOT buy this place to sell, I bought it to live in until I die.
"Mini-farms" like mine are in high demand, and an HOA would not enhance the value. In fact, given the type of person who is looking for such properties, an HOA and strict CCRs would damage the value!
EXACTLY.
dont people sty put anymore?
I have been living in my apartment (co-op) for 28 years, Im not moving anytime soon.....I finally have it exactly the way I want, time to enjoy life and slave to a home.
So, since you were not advised of the new rules, and did not join the group that created them, they actually do not apply to you, and have not become part of your deed?
Then it appears you do not have a problem. Your neighbors can not sue you for violating rules that you had no part in creating, and did not agree to!
It sounds like you can sit back, live, love, laugh, and be happy, and let the neighbors fight it out amongst themselves! "Cain't hardly beat a deal like that!"
Wrong
If there were Covenants/Deed Restrictions then they are not extinguished by lack of non-enforcement. They still exist and are enforceable. Granted in some states unless renewed, they cease to exist but that is another subject.
If the Covenants/Deed Restrictions said they could be changed with more than 50% approving said changes, then they were updated properly (according to the poster) and they are now being enforced against all. This entirely legal.
I question how over 50% of the owners knew and approved such but the poster had no idea. Talk about being out of touch.
If there were Covenants/Deed Restrictions then they are not extinguished by lack of non-enforcement. They still exist and are enforceable. Granted in some states unless renewed, they cease to exist but that is another subject.
If the Covenants/Deed Restrictions said they could be changed with more than 50% approving said changes, then they were updated properly (according to the poster) and they are now being enforced against all. This entirely legal.
I question how over 50% of the owners knew and approved such but the poster had no idea. Talk about being out of touch.
This handful of neighbors had been talking about changing the covenants for 3-4 years. Each year at the neighborhood picnic, they would bring it up and everyone else would say they weren't interested in changing it. They kept coming up with ideas for different rules every couple of months and would say they were going to talk to each homeowner to get their opinions. They didn't talk to most of us on our side of the neighborhood. I spoke out at last year's picnic and also went to the county last winter to see if they had filed anything yet. It would have been nice to see, give input and vote on the finished product. I'm not positive that anyone actually saw what they were voting on.
y'know, I can do all those things, and if I would call my realtor tomorrow and list this place, I bet it would sell within 30 days, at approximately a 50K profit!
But, the difference between us, I guess, is that I did NOT buy this place to sell, I bought it to live in until I die.
"Mini-farms" like mine are in high demand, and an HOA would not enhance the value. In fact, given the type of person who is looking for such properties, an HOA and strict CCRs would damage the value!
Good for you. Mini farms are not regular homes in a community. Those are the ones that would be hurt by no HOAs for resale.
Just came back to add that our HOA went down now that all the homes have been built. I do love our neighborhood,so i guess all in all,,i dont mind the HOA!
This handful of neighbors had been talking about changing the covenants for 3-4 years. Each year at the neighborhood picnic, they would bring it up and everyone else would say they weren't interested in changing it. They kept coming up with ideas for different rules every couple of months and would say they were going to talk to each homeowner to get their opinions. They didn't talk to most of us on our side of the neighborhood. I spoke out at last year's picnic and also went to the county last winter to see if they had filed anything yet. It would have been nice to see, give input and vote on the finished product. I'm not positive that anyone actually saw what they were voting on.
So, go back to the county recorder and ask for a copy of what was filed (if anything) as well as your deed with all attachments/recordings.
Then ask the person who filed it for an accounting of who exactly voted for it, the county may just have that information as well, I'd have to believe some kind of proof other than "trust me we voted" has to exist.
They'd have to have a list of some sort or proof that a vote was accurately taken then look into it and see if it was on the up and up. Check with some of the people who "supposedly" voted, check with all the homes in your specific area to see if they were given a chance to vote or given any notice about the proposed changes. One would think it would have to be done by registered mail.
If not then go back and ask the county recorder if they know how you can file a fraud complaint and challenge.
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