Ask Me Help Desk - Can a HOA be resurrected and thus you being forced in?

I moved here in fall of 2007 the wife and I bought a house. We signed a paper at closing that stated that there was no HOA. Now 2 years later a guy knocks on our door and says he is resurrecting the HOA. He said that there used to be an HOA 6 years ago. Either case we bought here knowing there was no HOA, and even signed that paper that stated there was no HOA.

I called and talked to the man today, and he said that it was okay that we did not want to be apart of the HOA but that by being a resident here we will be de facto a member of the HOA. I told him about signing that paper, and I guess he thought that was interesting and said he make a note of it. I left it there.

Does he have a leg to stand on? Can this HOA be pulled out of nowhere after so many people bought in knowing there is not one?

Here is the letter he handed me:
[IMG]http://i143.photobucket.com/albums/r...Letter_001.jpg[/IMG]

In many states, an HOA is a legal entity. If yours was - and it sounds like it was- dissolved, you cannot be forced into or be held liable to a new one if you do not wish to.

It sounds to me that this HOA is more just a group of homeowners looking to organize for the betterment of the neighborhood. Until they try to levy assessments or mandatory fees, there is little to be concerned about.

Quote:

Originally Posted by stevetcg

In many states, an HOA is a legal entity. If yours was - and it sounds like it was- dissolved, you cannot be forced into or be held liable to a new one if you do not wish to.

It sounds to me that this HOA is more just a group of homeowners looking to organize for the betterment of the neighborhood. Until they try to levy assessments or mandatory fees, there is little to be concerned about.

The feeling I got when I talked to him the first day was it was about the money, as he said they could get lots of money with all the homes here and they wanted to use the old by-laws, which I skimmed through before I tossed them out a year ago. They were pretty strict, like no parking motorcycles in your driveway, no street overnight parking, no planting unless the plants are pre-approved, no washing of vehicles, no garage doors left opened. If someone wants to live in an HOA that is so strict that is fine by me, however we bought the house do to there being NO HOA. In fact if for some reason he gets it passed I might sue on those grounds that now my house value went down... not everyone wants an HOA telling them what they can or can not do.

So far everyone I have talk to short of a legal professional has said no way can they just start it and MAKE you be a member. You noticed there is nothing that says they will vote to resurrect the HOA, and he even acts like no matter what you will be a part of it. Please note this is all coming from a guy that lives here only 6 months out of the year, and the other 6 months he is down in AZ... that was what he told me. I mean even if I wanted a HOA my first by-law would be you have to be a full time resident to be on the board.

I plan to speak with the neighbors directly across from me, and next to me. I'm sure any newer person is going to laugh at the guy, at least I hope they do not fall for these tactics.

Hello:

Steve is right on. They guy has NO standing. The more you attempt to thwart his activities, the more credibility you give him.

I'd write him a letter telling him that you'd be HAPPY to join as long as your dues covered lawn maintenance, snow removal, security, and building repair.

excon

Quote:

Originally Posted by excon

Hello:

Steve is right on. They guy has NO standing. The more you attempt to thwart his activities, the more credibility you give him.

I'd write him a letter telling him that you'd be HAPPY to join as long as your dues covered lawn maintenance, snow removal, security, and building repair.

excon

I did talk to the two neighbors last night, the one across from me was shocked to hear that the same guy wanting the HOA is also the big offender of it, and that he does not even live here full time. He has access to the JAG and plans to see what legal advise they can give him.

The other neighbor was undecided she said, but after I mentioned Bob and his RV, and that there is NO common areas she seemed to change her tune for wanting it. She thought the park we have was a neighborhood park, when I pointed out that the town takes care of it, and they also enforce the codes she agreed why then do we need Bob and his HOA. I might consider talking to a few more neighbors, and I might try a few streets up... just to see if he really went to all 313 homes, maybe the neighbor across the street was right... maybe Bob was on a fact finding mission on who called Code Enforcement on him and his RV, along with the other trailers near him that were parked on the street for weeks on end.

Otherwise maybe you are right, just ignore the guy unless something does start to come up, it seems like I can get people to go along with me, I'm good at that in life.

First you need to find out what happened to the original HOA.

Second, you need to find out who is currently responsible for maintenance (garbage collection, street sweeping, street lights, road paving, road clearing, etc.) If the town is responsible then your taxes pay for essential services and you don't need an HOA to do it.

Third, you need to determine what the laws governing establishing an HOA are for your area. It may be that as long as a certain percentage of homeowners agree, then the HOA can be established. If that happens, your status as a non participant might be grandfathered in, so only when you sell would the new owner be subject to it.

I would start at the county clerk's office and then talk to a real estate lawyer for the area.

That is an easy one, garbage here we pay for, there are like five companies and everyone picks the company they want, so pretty much someone in the neghibhorhood has garbage service on one of the days during the week, kind of annoying as there is always a garbage truck coming through the neighborhoods around here.

Streets are the towns responsibilities, same with the lights, sidewalks, and grass, easements, and the parks. Taxes pay for all that, there is 100% no common area. Here is a site that talks about Colorado law, and HOA's and common areas, that is when you would start one:

Colorado Homeowners Association Law Blog: Community Association 101

As I mentioned before we have Code Enforcement who you call on parking issues, house issues, sidewalk issues, grass issues and the like. Again no need for an HOA, as this is covered.

How do I go about finding out what happened to the previous HOA? Bob said it was dissolved, and I do not know of anyone that was here 6 years ago to find that out. Remember I only been here for 2 years, and remember I was sold the house with the understanding that there is no HOA.

As for a lawyer, I got a free consultation with one tomorrow over the phone. And that one neighbor said he see what JAG would say (military lawyer), or if they could point him to someone that could tell him. Obviously we are trying to keep this to as cheap as possible unless things do get carried away... and even then I'm not going to spend thousands and years on it, simple a motivation to move down the road when the economy gets better... I would consider a board position just to at least mitigate my concern with them. Maybe cripple it from the inside / get it dissolved again.

The question the neighbor and I want to know is why does this guy have a bug up his butt after 6 years of no HOA!! You know, I'll get out and take some photos in the coming days, and post those, I think most of you would then see this is a nice area and there is no need for one... for the most part 98% of the people have common sense and do not trash their homes, in fact I see no truly trashed homes around here. I been in nehighborhoods where an HOA would make a lot of sense... this is not one of them at this point in time.

Quote:

Originally Posted by modette

The question the neighbor and I want to know is why does this guy have a bug up his butt after 6 years of no HOA!!! You know, I'll get out and take some photos int he coming days, and post those.

Hello again, m:

I HATE HOA'S. I hate 'em MOSTLY because they're run by little people who've NEVER had any power and suddenly, they do, and they ABUSE it something awful. IF, however, this venture has to do with the welfare of the tenants and the upkeep and maintenance of common areas, and the board realizes WHO they work for, then fine.

But good luck finding a board like that.

excon

Again, check with the County Clerk. Most lilkely a HOA had to register with them and then register the dissolution.

As to why Bob is doing this, there is no telling what's in his mind.