We live in a small 2 block neighborhood, total of like 20 houses. When we signed mortgage papers, it shows that there is a non mandatory HOA. The HOA is telling us that it is mandatory and that we owe for the past two years (we have lived here for about a 1.5 yrs).

We have not paid, as we have no idea where the money is going, and we were under the impression that it was non-mandatory. Apparently, she wants to use the money for a neighborhood sign (Seriously, we our only 2 streets worth of starter homes) and for block parties, and for lawn mowing on an area by the opening of the neighborhood (Which we offered to help take turns mowing, along with our neighbors).

Anyway, I would rather donate my money to a worthwhile charity.

The HOA pres. Says that the covenants state that everyone is automatically a member of the HOA. Our mortgage papers say it is non-mandatory. After asking for the past year for a copy of the budget and spending reports, she finally sent us a Microsoft word document, with a bunch of random fees, that didn't even close to add up to the thousands of dollars the HOA would be making.

She said a lien will be placed on our home on Nov 24th. What do we do? How do we find out which papers are correct (the covenants or our mortgage papers?)

Thanks!
Ohhmama (a nice family that doesn't like people who take advantage of others)

Please excuse my misspelled words, I was typing too quickly :0)

You have to read your title report to see if you became a member when you bought your home. The information would be either in your deed or in a separate document that was recorded and would show up in your title report.

Take out your title insurance policy and call the agency that issued it. They should be able to look at your file and tell you if you are a member of the HOA and if you're required to pay them.