Developer trying to institute HOA 10 yrs late?? HELP! (Bear Creek Village: HOA fees, attorney)

[Karen-P]

We live in Laurel Brook Estates in Bear Creek...bought the land from the guy who originally purchased it from the developer and built a house there 6 years ago (my husband did before we were married). The community has existed for 10 or 11 years now.

We got home from work yesterday and there's a flyer in our mailbox from the developer stating that he's retained an attorney and reserved a room at town hall to have a meeting in 2 weeks to "help us set up an HOA".

All we can figure is that something is going on in the township or with one of our neighbors (we heard a rumor that one of the residents gave the developer a hard time about public area landscaping and him not living up to his contract with us), to prompt this.

We've spoken to some of our neighbors and no one seems happy about the idea of an HOA. There are covenants in place that regulate house size, lot size, no above ground pools, sheds must match the house, you can only clear 1/3 of your property, etc., etc. The last thing we need are more rules or neighbors spying on neighbors. Many of our neighbors have stated that they purchased in Laurel Brook specifically because there was no HOA, I know my husband lived in Timber Trails before purchasing in Laurel Brook and would have never considered building there, had there been consideration of an HOA when he bought the land.

All of the developer's original lots have been sold, some multiple times, and out of 130 lots, there are still approximately 80 lots that have yet to be built on. Flyers were not mailed to all owners. 12 of the lots are part of Bear Creek Village AND Laurel Brook Estates (so those people would wind up paying HOA fees to 2 HOA's). They were put in mailboxes, so only a small fraction of the land owners have been notified of the meeting scheduled in 2 weeks.

Has anyone heard of a developer doing this in the past? Anyone have experience fighting the implementation of an HOA? Or know how we can get the township to assume the developer's responsibilities, whatever they may be at this point?

[thecoalman]

Originally Posted by Karen-P

Anyone have experience fighting the implementation of an HOA?

Unless you have already signed a contract or it was in the original deed I don't see how they could possibly implement it. Having said that get your group together that aren't interested and hire an attorney.

[Jo Bloe]

Originally Posted by thecoalman

Unless you have already signed a contract or it was in the original deed I don't see how they could possibly implement it. Having said that get your group together that aren't interested and hire an attorney.

Agreed.

Although I live in a very small development, an existing neighbor tried to form one and the few neighbors against if voiced our opinion and won. We were told something similar to what Coalman is saying. If it wasn't in place when we bought the house then it has to be a unanimous vote to get one started.

No HOA in my development.

[UNHAPPY IN LUZERNE CTY]

Karen- I too live in LE and am aware of the letter you received. From the facts I do know, this will be strictly voluntary and the scope will be up to the residents who wish to participate. Maintenance of the landscaping at the entrance should definitely be the concern of all LE residents. The Township is only responsible for mowing 3 feet off any TWP road. Sign maintenance, weeding and storm damage will not be done by the TWP. It is mind-boggling how upset and negative people can become before they have heard what is to be proposed. Attend the meeting with an open mind and then make your decision.

[beth in bear creek]

I also am a resident of Laurel Brook Estates and received a notice in my mail box as well. I plan to attend the meeting on August 9th. However, I’d like to find out how we can enforce covenants that have already been established and set forth in our community, which many residents fail to comply with. For instance, there are covenants against having an above-ground swimming pool or horse trailers in the front yard, yet many residents ignore these rules. I agree, I’d also like to see the front of our development look like someone cares – I’d also like owners to stop cutting across the median as a shortcut to their driveways.

[PWGUNNY]

Maybe you can suggest a Civic association. We have one here in my Long Island neighborhood. Membership is voluntary and joining is $45/yr. They meet once per month and their agenda and function is to maintain the value of the homes in the community. Many people in the community have joined and it allowed many to get to know their neighbor. Volunteers have joined together to do plantings/ landscaping. We've used the dues to purchase and install very attractive road signs, etc. We recently banded together and successfully defeated a wireless company looking to put a cell antennae on the church steeple on our block.
Just a thought.

[weluvpa]

A covenant is nothing more then a basic agreement to follow the rules, unless its in a contract as to how they are enforced or for that matter whom can Legally enforce them there is really nothing you can do. They are not municipal zoning ordinances and don't carry any legal weight outside your development.

Really though horse trailers, pools..Is it that bad, honestly? As long as your property is nice and makes YOU happy why bother others who are just living life.

HOA's are nothing, but property nazi's that make nosy people happy and normal people aggravated.

There are other things in the world to worry yourself over, other then an above ground pool or trailer in a yard, hell if I lived there I would just buy 5 or 6 wrecked cars and park them right in my front yard..Under blue tarps just to **** off my neighbors the minute they complained about anything stupid.

Watch what you wish for, my parents lived with an HOA and it wasn't fun and the cost will always go up, it will start out as voluntary and then turn into annual dues for anything and everything...Just another way to get money into somebody's pocket..

[DeniedX]

I too live in LE. I recently reviewed the covenants that I still have from when I purchased my land. I agree with the fact that the tree lawn along Laurelbrook Drive needs some attention. After all, I'm one of those "owners" who lives on Laurelbrook Drive. I have been in contact with the Township more than once about having the tree lawn cut out in front of my driveway. Seems to be simply a matter of "getting it scheduled."

One of the other issues we have had over the years is people doing figure 8's along the tree lawn in the winter after a snow fall. But, unless there is some sort of curbing installed along the tree lawn, well, that's always going to be a potential problem. As far as any horse trailers go, from what I understand after reading the covenants, so long as these trailers [horse, boat etc.] are registered, they are permitted on the property.

Both my wife and I will be at the meeting.

[Karen-P]

This is the problem with HOA's. They give neighbors a reason to NOT talk to each other.

There are no rules against horse trailers in the covenants. They are not mobile homes or trailers meant for human habitation, therefore there are no rules against them. In fact, even if the horse trailer had living quarter in them (meant for human habitation), because the property has been "improved", it would also not be against the rules. It is registered, so no loophole there either. You may not like it, but it's not against the rules. I could park a 35 foot 5 horse living quarters trailer in the driveway, and it would still NOT be against the rules.

And it has NEVER been parked on the front lawn. It has been in the driveway, it's currently parked more than 300 feet off the road, and 15+ feet behind the house.

That being said, we understand that having the horse trailer on the property is not exactly desireable. It's not what we wanted, but we needed TIME to make other arrangements for it. It WILL need to be there from time to time for repairs in the future, but we intend to move it off the property this Sunday (we're moving our horses to a barn that has trailer parking space).

At that point, the boat trailer will be moved back where the horse trailer has been parked all summer, and hopefully everyone will be happy (although I'm well aware that's impossible).

We've had these plans in place for over a month now. Had someone asked, we'd have volunteered the information.

As for Rebecca and Dave cutting across the center divider, I believe they have an easement for a path through the divider to their driveway. It hasn't been done yet, but they HAVE spent thousands and thousands of dollars on improvements to their property in the last year, and it really looks wonderful. They're REALLY nice, reasonable people. I've sent them a link to this thread so they are aware of your concerns.

We pay our property taxes, we pay our school taxes, we maintain our property, we keep our vehicles registered, we are always willing to discuss any issues with our neighbors, and you are always welcome to knock on the door, introduce yourself and voice your concerns. We hope you take us up on that in the future.

[rpodhiny2010]

Thanks Karen, You know it is quite amazing how people can point out the imperfections of others without really looking at their own imperfections. Our front DOES look quite nice and we spent A LOT of time and energy into it. If you don't like the way something looks MOVE! We all came up here to get away from petty drama and guess what EVERY house in here has something that someone will NOT like. Get over yourself. An HOA is a BAD idea and will turn neighbor against neighbor. Too many chiefs and not enough Indians!! I honestly believe our neighborhood looks great! Does the median need work YES, but let's work together on it as adults. You know it's funny because it's the ones whining are also the ones that refuse to come to the block parties, I guess it's easier to throw stones at glass houses when your indoors.