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Hi Eyeryone,
I have a question but cannot seem to find the answer and I'm hoping that someone here can help..Thanks for reading...
Presently we do not have an HOA. We have no swimming pool, tennis courts or child play areas. Our sub-div is one house away from being completed, The developer is responsible for maintaing the sub-div for 1 year following the conveyance of the last property/lot.
A small group of people want to form an HOA after the developer relinquishes his responsiblities
Question.. Because there wasn't an HOA when we moved here and have not signed any papers, are we legally obliged to to join the HOA if one is set up...
I'm not a lawyer, but I don't see how you could be.
Perhaps you need to get involved and try to convince them an HOA isn't the way to go. For some reason so many people think you have two options: HOA or no HOA.
There is in fact a middle ground: a neighborhood association. The nonbinding, voluntary type. Most of Raleigh's older neighborhoods have these, and they're certainly as effective as an HOA if not more so, since they don't go around acting like "Big Brother" and trying to force people to do things.
You CAN be forced if the covenants are written up that way.
Usually the covenants state that the builder is going to manage the HOA for a specific amount of time. Once that time comes, the covenants state how the HOA is to be managed and or changed. These covenants are recorded in NC, so they are public record.
I'm not a lawyer, but I don't see how you could be.
Perhaps you need to get involved and try to convince them an HOA isn't the way to go. For some reason so many people think you have two options: HOA or no HOA.
There is in fact a middle ground: a neighborhood association. The nonbinding, voluntary type. Most of Raleigh's older neighborhoods have these, and they're certainly as effective as an HOA if not more so, since they don't go around acting like "Big Brother" and trying to force people to do things.
Thanks for the reply...
We have a had 'conversations' with the group and they are hell bent on creating one ...I like your idea about a " neighborhood association", I suggest that approach. We are a year away from the formation of the HOA
You CAN be forced if the covenants are written up that way.
Usually the covenants state that the builder is going to manage the HOA for a specific amount of time. Once that time comes, the covenants state how the HOA is to be managed and or changed. These covenants are recorded in NC, so they are public record.
Hope that helps...Vicki
Yes it helps thank you...
So it is LEGAL ?, that amazes me...
So I'm bound to join... I'm not having much luck finding stuff on the web, so would you know anywhere on the web I could find out how all the legal rights and wrongs. I would like to fight against this proposition as would many others in the s/d but I think we are outnumbered.
HOA's are new concept to me as I'm from England and was trying to get away from "Taxes" ...
Talk to an attorney. Have them look at your deed. It should be easy if you can go to the attorney who wrote the deed.
Like Vicki says, The covenants often lay it out, but vary in how they are written, and how much of a vote it takes to force one on folks who don't want it.
And like Rob correctly said, I'm not an attorney either, and this is one I would want a little qualified legal advice on if I was a homeowner.
Talk to an attorney. Have them look at your deed. It should be easy if you can go to the attorney who wrote the deed.
Like Vicki says, The covenants often lay it out, but vary in how they are written, and how much of a vote it takes to force one on folks who don't want it.
And like Rob correctly said, I'm not an attorney either, and this is one I would want a little qualified legal advice on if I was a homeowner.
Thanks again for the reply...I really appreciate your input
I know I should go to an attorney, however was hoping for some "free" legal advice off the web...
I am going through the same thing now because a small group in our sub. want to push to be able to police the area. IT will just be a blackhole of money since we also have no amenities. We have covenants but a HOA is not detailed in them, just mention as a HOA. In your sub. where these people are really pushing for it means that you are in for a headache.
I honestly think that if one is created, just move because you can find ones where at least everything is in writing and not created after you buy the house.
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Our sub-div is one house away from being completed, The developer is responsible for maintaing the sub-div for 1 year following the conveyance of the last property/lot. 
that amazes me...
...
Look at this link
