Receiver Run HOA - PLEASE HELP!!! (bank owned, appointed, neighborhood)

[kkowalsk]

I have some questions and need some assistance or opinions.

I live in a nice subdivision that the developer has gone bankrupt about a year ago. The development is under management by a court appointed receiver.

Currently the HOA is run by the bank / receiver since the development is far from completion. The receiver unfortunately is lacking in his responsibilities in managing the development. Basically the receiver has authority with limited funds to operate. In addition dues are not being collected or deed restrictions enforced. We have tried to push the receiver without results. The homeowners tried to take control of the HOA however without success. This was due to the bank / receiver having the majority vote based on owned lots. (The voting rights of the receiver seems to possibility be in question.)

The homeowners want to maintain the development and invest in it however we don't have the authority. The receiver has the authority however lacks the interest. Quite frustrating. One of the largest issues is the undeveloped bank owned and builder owned empty lots. They are not being mowed which makes the development look quite shaggy. The homeowners would like to gain control of the HOA to maintain our neighborhood. What can we do??

Any assistance would be greatly appreciated. I can definitely elaborate if needed.

Thank you in advance!!

[tigerscoach]

If the bank owns more lots than the actual homeowners then I don't think there is much you can do. Since the bank is not collecting dues maybe you guys can pitch in some money each month and hire someone to mow the vacant lots at least.

[Bo]

You could set up a separate voluntary association and collect dues to handle the mowing/etc. It will likely be a challenge in this economy to get everyone to pitch in to a voluntary association.

Maybe your local government's zoning inspector would have some other ideas? If the lack of mowing violates local building codes, the city/county could force the receiver to do the mowing.