Moving to AL for BRAC? FYI (Madison: sales, HOA, lawyers)

[ionlife]

If you are in the process of making a decision to move for the BRAC down to AL, please make sure you understand all the HOA bylaws, covenants, and restrictions in the subdivisions you are considering. In particular, pay particular attention to the new construction and developments. While these rules shouldn't outweigh other considerations such as schools, locations, and proximity to amenities like shopping; they should be discussed before committing to buy.

[VRE332]

what's the difference between HOA laws in Virginia and HOA laws in AL ???????????????????????????

[ionlife]

Originally Posted by VRE332

what's the difference between HOA laws in Virginia and HOA laws in AL ???????????????????????????

They are very different in their construction IF it is NEW construction. If you check out the websites of the new developments, you'll find 45 plus pages. And they don't have to post them. They can just put them in the courthouse, and that makes them public domain. I read through covenants and restrictions of my sub before I bought--figured it was standard fare... nope. There were additional bylaws ADDED by the declarant (aka the developer/builder) AFTERWARD and what i thought would be a standard transfer of power has disintegrated into a good ol' boy who's overextended himself in anticipation of the big BRAC dollars coming down to AL and he needs to have his options to have an income stream and sell lesser value homes in other subdivisions he's developing to offset the poor choices made and now the poor economy. Basically, he has the power to sell memberships to our amenities to communities he's developing that aren't even adjacent to our community.

There are no guidelines to prevent this from happening. He has power over us till every lot is sold OR for 15 years (and there are at least two lots here that should not sell unless the sales person is a miracle worker and/or the buyer is blind/dumb/deaf and uneducated.

[VRE332]

Originally Posted by dramamama

They are very different in their construction IF it is NEW construction. If you check out the websites of the new developments, you'll find 45 plus pages. And they don't have to post them. They can just put them in the courthouse, and that makes them public domain. I read through covenants and restrictions of my sub before I bought--figured it was standard fare... nope. There were additional bylaws ADDED by the declarant (aka the developer/builder) AFTERWARD and what i thought would be a standard transfer of power has disintegrated into a good ol' boy who's overextended himself in anticipation of the big BRAC dollars coming down to AL and he needs to have his options to have an income stream and sell lesser value homes in other subdivisions he's developing to offset the poor choices made and now the poor economy. Basically, he has the power to sell memberships to our amenities to communities he's developing that aren't even adjacent to our community.

There are no guidelines to prevent this from happening. He has power over us till every lot is sold OR for 15 years (and there are at least two lots here that should not sell unless the sales person is a miracle worker and/or the buyer is blind/dumb/deaf and uneducated.

Good greif. I know one of my cousins up in NY is an attorney if you need one. Don't steal any cans of tunafish while yall down there

[ionlife]

Originally Posted by VRE332

Good greif. I know one of my cousins up in NY is an attorney if you need one. Don't steal any cans of tunafish while yall down there

Well we have a very good attorney here, and the BRAC/MDA in DC are watching this as it is not just one, but all new developers who have these kinds of powers woven into their docs. Right now every last lot must be sold or 15 years must pass before the declarant will surrender rights to the HOA/Board. I know of at least 2 lots in my sub that are uninhabitable due to size, proximity to a creek and more. We're stuck with this developer till 2021. The same holds true for all new construction in Madison County. I read HOA docs posted on the other websites that literally looked like they were cut an pasted -- from other lawyers and builders' info.

If you know of anyone who must move to AL/Huntsville and/or Madison County/Madison City area for the BRAC, please relay this information to them.

[VRE332]

Originally Posted by dramamama

Well we have a very good attorney here, and the BRAC/MDA in DC are watching this as it is not just one, but all new developers who have these kinds of powers woven into their docs. Right now every last lot must be sold or 15 years must pass before the declarant will surrender rights to the HOA/Board. I know of at least 2 lots in my sub that are uninhabitable due to size, proximity to a creek and more. We're stuck with this developer till 2021. The same holds true for all new construction in Madison County. I read HOA docs posted on the other websites that literally looked like they were cut an pasted -- from other lawyers and builders' info.

If you know of anyone who must move to AL/Huntsville and/or Madison County/Madison City area for the BRAC, please relay this information to them.

You didn't get the joke. Did you ever watch the movie My Cousin Vinny ????

[ionlife]

I saw the movie, but this is NOT a joking matter for people getting ready to move from NoVA in 2010 to AL due to the BRAC forcing their relocation. This also impacts relocations from CA. My reason for posting this in VA's forum is for people to get the word out where it matters. Of course, interdepartmental memos might help as well.

I think people should be fully informed about what they are getting into BEFORE they sign their sales contracts and, while this might not change their minds about where they buy or what (new vs. established developments), it will make them feel better about their choices if they make them with full knowledge.

[Dazed&Confused]

My family moved from Fx Co to AL three years ago to care for an ailing parent. I have word one for anyone considering moving here...DON'T!

Three years later I am still reeling from culture shock. The things I thought were quaint and refreshing when I first moved are now repressive and depressing.

Alabama is a "buyer beware" state and sellers have to disclose NOTHING. Don't expect your inspector to find anything much, either. They are all in league with the realtors. Building codes are pretty much non-existant and what there are are unenforcible. The rules constantly change to suit the state and the well being of the general population means nothing. If you are lucky enough to find a reputable lawyer, chances are his kid plays "ball" with the kid of the person you are having a problem with and he won't take the case.

If I sound bitter, it's because I am. Good luck.

[ionlife]

Originally Posted by Dazed&Confused

My family moved from Fx Co to AL three years ago to care for an ailing parent. I have word one for anyone considering moving here...DON'T!

Three years later I am still reeling from culture shock. The things I thought were quaint and refreshing when I first moved are now repressive and depressing.

Alabama is a "buyer beware" state and sellers have to disclose NOTHING. Don't expect your inspector to find anything much, either. They are all in league with the realtors. Building codes are pretty much non-existant and what there are are unenforcible. The rules constantly change to suit the state and the well being of the general population means nothing. If you are lucky enough to find a reputable lawyer, chances are his kid plays "ball" with the kid of the person you are having a problem with and he won't take the case.

If I sound bitter, it's because I am. Good luck.

We were very lucky with our inspector, and our realtor, but we still have to deal with a very unscrupulous developer. I feel your pain! And yea, it is the good ol' boy network here. The good news is that the area we are in is progressive and is watching this cra**ola and they are letting the developers know that we who are coming here for the BRAC are not pleased and this is a powder key ready to blow at the admin level.

What's comical to me is that they keep expecting this HUGE wave of BRAC to come save their behinds... hate to say it, but we, the few that are here, are the wave. We ain't that big and we ain't letting the people following us go through this pain

[ionlife]

Originally Posted by Dazed&Confused

My family moved from Fx Co to AL three years ago to care for an ailing parent. I have word one for anyone considering moving here...DON'T!

Three years later I am still reeling from culture shock. The things I thought were quaint and refreshing when I first moved are now repressive and depressing.

Alabama is a "buyer beware" state and sellers have to disclose NOTHING. Don't expect your inspector to find anything much, either. They are all in league with the realtors. Building codes are pretty much non-existant and what there are are unenforcible. The rules constantly change to suit the state and the well being of the general population means nothing. If you are lucky enough to find a reputable lawyer, chances are his kid plays "ball" with the kid of the person you are having a problem with and he won't take the case.

If I sound bitter, it's because I am. Good luck.

On a personal note, if you would post this experience on the AL site, we'd appreciate it!

We need to get the word out!