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    westland's Avatar
    westland Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Dec 21, 2013, 10:15 PM
    Lien on my house
    A road association put a lien on my house because I will not pay them for road maintenance. When I bought my land I signed a covenant that said when they had enough people they would form a home owners association, that would take care of homes, and the roads. This is not what I signed up for and I will not pay them until they form a home owners associaiton.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 21, 2013, 10:29 PM
    So why did you not fight it in court when they went to get a judgement ?

    You will need to hire an attorney and take them to court.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Dec 22, 2013, 05:38 AM
    But until they form the HOA, then have the right to charge for road maintenance. And if you read the covenant I suspect it gives them the right to place the lien without court action.

    I suggest you take a copy of the covenant to a lawyer to see what your rights and responsibilities are.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Dec 22, 2013, 07:04 AM
    Let me get this straight:

    The agreement you signed provided for the formation of a HOA (homeowners' association) which would "take care of ... the road". They formed a "road association" (Are you merely quibbling about what it's called - HOA or "road association"?), which filed a lien against your property for "road maintenance".

    I don't see what your problem is. It appears that that did what you agreed they could do. And what does the covenant mean about taking care of homes? Normally that would be the owners' individual responsibilities.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #5

    Dec 22, 2013, 09:11 AM
    I have never heard of a private association of homeowners, each on his own plot of land, that takes care of HOUSES. Can you quote your covenant for us?
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #6

    Dec 25, 2013, 10:42 AM
    What state are you in and how much was the amount of the bill for maintenance?
    In my experience, in areas where government does not take over all developer roads, folks either form a homeowner's association to deal with the road problems officially or adjacent owners buy some stone and regrade when it becomes necessary. Associations usually absorb significant legal fees to form and have associations incorporated, and the fees are paid by the homeowners.
    What do your neighbors say about the situation? Are you being pennywise and pound foolish? What is your question by the way?
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