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If I were you I would pay and put on the check "under protest" and then see if you have a case. That is unless you can find a lawyer to take it ASAP. Pay and then if you have a case sue them to get it back.
You have to keep tracing the deeds back and I don't think this like the Armstrong case at this point. Check your deed of trust. If there's a PUD rider in it and you signed it then it's going to be harder to fight.
If I had an exact address I could check for you but just go to the Register of Deeds site and put your name in if you can't find your paper copy. Usually the PUD rider is towards the end maybe around page 10 or 12.
Girl..You are sooo AWESOME!! Really appreciate all your efforts!! but this has already been viewed and nothing is listed as you have mentioned. So lawyers are sure that our case is simple to win since nothing is included in our title and deed.
BUT..hum..wondering..does refinancing your home ( since title search is included) change our situation? Since we were not HOA listed before but now are?? We haven't changed residence..Oh..this fries my brain. Hard to think I will get any sleep again tonight!!
Bless you all!! This is going to get ugly!!! I love my little street!! the rest..God forgive me!! LOL..
You have to keep tracing the deeds back and I don't think this like the Armstrong case at this point. Check your deed of trust. If there's a PUD rider in it and you signed it then it's going to be harder to fight.
If I had an exact address I could check for you but just go to the Register of Deeds site and put your name in if you can't find your paper copy. Usually the PUD rider is towards the end maybe around page 10 or 12.
We have the paper copy and no PUD..no HOA anywhere,etc.. urgh..Our real estate agent was asked and verified in writing we had no HOA in this subdivision too!! HUM....The lawyer also asked if Title of Insurance mentioned it..NOPE..just CC&R.. Schedule B-2..
Where else could something be?? I want to talk to this Mike Hunter!! Fun!! THANK YOU!!! You all are the BEST!!
Its obvious that YOU don't want to be part of an HOA (you've made your bias very clear), however legally I have no idea to the answer to your question.
Someone should be able to help you w/a legal answer on this.
I know this is going to sound stupid but I looked at the map for her development and read the CCRs and as far as I can tell there's like 34 lots.
It boggles my mind that someone would want to impose an HOA 19 years after the start of a community that never had one. I can't think of anything besides a power grab but that's my bias
Last edited by GCharlotte; 02-20-2011 at 03:16 AM..
Two years ago, our small subdivision of 34 Charlotte residents, was imposed
a formation of a HOA by a small group of regulars. We have no amenities in our community, just Covenants and Restrictions that has NO language for a
Home Owners Ass. The language and support is for the Developer with a few helps for the owners. The CC& R is a simple City Ordinance type where the restrictions are pretty simple and most covered by city anyway.
The small group hired a lawyer that wrote up an amendment to the CC&R to use the NC Community Act to allow the imposition of late fees, liens on homes, etc. and their Articles of Incorporation..(which they took from a community that had amenities..eek..it was awful!!) They asked for 18 signers and asked in the Newsletter for those in FAVOR of a HOA to come to the meetings. Their argument was the amendment section of the CC&R
"at least a majority of the owners and the Developer" allowed them..But the Developer is not in the picture now.
Up to that point, we had a GardenClub account to collect for the FRONT monuments. The neighborhood was established in 1992 and in 1995 an easement ( NOT mentioned in the CC&R) was created on the two MODEL homes in the FRONT from the Developer. His language in the easement gave 1/34 Right and obligation to maintain and repair and assess. But no other language included. He then sent out a LETTER to all the original homeowners stating he had amended the CC&R and was passing on the RIGHT to each lot owner. He never mentioned obligation. No amendment from Developer is attached to our deed! Nor can we find it.
We came to the neighborhood in 2001. No HOA was on record. No front monument easement was listed with our title. In fact, the front easement only shows for the front lot owners.
We have had countless arguments with the GardenClub collector over the years that what was collected was voluntary since we didn't have a contractual agreement for the front but a RIGHT. Others followed in distain for being demanded HOA fees from the GardenClub collector since an HOA was not established . So in protest 7 owners stopped paying and more as new people come in was expected.
My question ...How can they assume we are all included in their HOA and that they only need 18 votes from the community to form a Articles of Incorporation? and to adopt NC Community Act?Weird!! Please help explain this??
OK let's look at this fresh. First, as far as I can tell everything you say is accurate.
It looks like the restrictions can be modified with a simple majority BUT within the first 20 years the developer also has to sign on. So they may be too early.
Next, the incorporation documents state that the corporation has no members. This might invalidate the entire thing. All the homeowners are members and have voting rights. Attempting to form an HOA with no members is probably illegal.
Look at a copy of your deed. If you are subject to a HOA it will be stated in the deed. All easements will be there as well. When you purchased the property, your agreed to these terms in the deed. This is the legal connection between your property and the HOA. If it is not in there, then they can't come and force you into one.
Note: I used the term deed loosely here. In NC, it's more likely you have a warranty deed and that deed will cite a map book and page at the county records office where your property is described. You will have to consult that map book to see the specifics of your property. Normally a copy will be provided at closing and you should have it in your closing papers.
There are restrictions from the developer in this case that run with the land. You are correct that you have to trace the deed back to the land because anyone can go to Office Depot and make up their own deed.
What someone did in this case is use the power of amendment to the restrictions to sneak in an HOA 15 years after the land was conveyed.
They might not be able to force you into an HOA but they can make your life hell by filing a lien, foreclosure and other lawsuits that you have to fight to prove they are wrong.
And only 30ish lots. Yuck. Someone wants more trouble than it's worth.
OK let's look at this fresh. First, as far as I can tell everything you say is accurate.
It looks like the restrictions can be modified with a simple majority BUT within the first 20 years the developer also has to sign on. So they may be too early.
Next, the incorporation documents state that the corporation has no members. This might invalidate the entire thing. All the homeowners are members and have voting rights. Attempting to form an HOA with no members is probably illegal.
Have annual meetings been held? If not then the whole thing is probably invalid.
You can't pretend to be an HOA for the sake of fining other people to get your jollies. You have to do the other stuff too.
Much of what has been done is highly questionable but these folks have not been honest from the get go about HOA. So I'm guessing they are thinking because they have gotten away with this for years, it's OK. Folks pay..why not!??
They hold meetings monthly. Send out a lovely newsletter that all is well in HappyTown about twice a year!! LOL..
The volcano is about to erupt!
I'm looking for a good real estate attorney that I can easily work with and do some of my own work!!
If you read the CC&R..you can't ADD to it..Which is what they are doing as well as trying to adopt laws that don't apply to us since we are not a Planned Community according to the definition the NC Planned Community Act has put out! Can a judge judge against us? Yes..with prejudice. Who's high in the atta boy club of lawyers??
Thanks again for all your efforts!! Can't sleep!! Minds racing!!
How can they do this when the property description is actually in the map books at the county records. it's not in the deed.
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