Homeowner Association

[spielz]

Anyone belong to a homeowner association?

I moved into my neighborhood several years ago and at the time the association was inactive ( construction still underway on other phases).

The asso. is not active  and the letters have started. I would have just tossed it for bills to be paid before my legal research from this site. But the language seemed a little rude. " If you own property in the Community, you are required to pay assessment fees.....Lien being placed on property".

This raises a lot of questions even thou I will pay I now will look into what I am allegedly obligated to pay. As soon as I did I realized my section had not been built yet and the covenant listed 2 parcels only (total of 5). I am sure there is clause which addresses this.

But very interesting how contracts are very much apart of our lives, I am grateful of information from this web site. WORD!!!!
Has any of you dherbers had to deal with them? 

[ElleX]

A condo I own is governed by a HOA.  It was active when I moved there, however.  No issues besides the usual (another bill to pay). LOL

[GodSon]

HOA are deemed "political sub-divisions of the State" and thus are subject to the same Federal and State Bill of Rights which includes Due Process - Notice and Opportunity to Defend. The letters that you ignored probably gave you plenty of notice but the defense aspect you may need to investigate... or just work out a payment plan and pay the bill.

[Djehuty-M]

Bills, bills, bills, bills, bills, bills, bills! Americans are financially strong people whether they know it or not. We pay more bills and are taxed more than any other people on earth or entities in existence. For real!

[dab]

Yeah,

I can definitely relate to HOA. As a matter of fact I am being charged $10 a day for "inspection violations". There is also the yearly assessment fee( about $200 and goes up every year) that supposedly goes to neighborhood beautification. When I got a brand new roof they said I had to put in an application to get the color of shingles approved. WTF is that. My roof was leaking and causing further damage so I just got it fixed and said if they don't like it they can kick rocks. Fortunately the roof shingles are the same colors as before so I'm good. The legal game is definitely an asset when you know how to play it. I'll be ballin in it slowly but surely. I'm thankful for DHERBS constant stream of knowledge to draw from.

I'm out...PEACE

[spielz]

HOA are deemed "political sub-divisions of the State" and thus are subject to the same Federal and State Bill of Rights which includes Due Process - Notice and Opportunity to Defend. The letters that you ignored probably gave you plenty of notice but the defense aspect you may need to investigate... or just work out a payment plan and pay the bill.

Ignored letters and payment plan.. No SIR! I answer everything these days.

Thou I disagree with HOA it is needed. Some just dont care about upkeep. The fee is a very low yearly assessment. My issue is I recognize the pattern as used with taxes. Claim this is all encompassing and every lot owner is required. ( lot owner under what parcel?) Secondly, this HOA usually spirals out of control ( fees and regs) and i think I need to chin check them right now about the small discrepancies.

[eyd40]

I moved into my developement 3yrs ago it was under the builder at that point. At closing I received the bylaws, and the ole' BTW the fee is...... So I paid it the first year and immediately began asking for a financial statement.  I thought this was fair considering I was paying $250.00 a year with no POOL, CLUBHOUSE, GOLF COURSE, PLAYGROUND  not even a damn POND! yet every time I asked I got the same ish about "oh yea, it's for the lights and signage out front"    So now I have refused to pay until I get a financial statement showing me exactly where the money has been going.  I live in SC and there is a bill sitting in the state gov't gathering dust when it should be passed so consumers could be protected! 

What can you do to effectively fight these people?? I have filed a complaint with the Dept of Consumer Affairs however, have yet to see any action.  So I wait and strategize with my fellow neighborhood rebels......

[ElleX]

I moved into my developement 3yrs ago it was under the builder at that point. At closing I received the bylaws, and the ole' BTW the fee is...... So I paid it the first year and immediately began asking for a financial statement.  I thought this was fair considering I was paying $250.00 a year with no POOL, CLUBHOUSE, GOLF COURSE, PLAYGROUND  not even a damn POND! yet every time I asked I got the same ish about "oh yea, it's for the lights and signage out front"    So now I have refused to pay until I get a financial statement showing me exactly where the money has been going.  I live in SC and there is a bill sitting in the state gov't gathering dust when it should be passed so consumers could be protected! 

What can you do to effectively fight these people?? I have filed a complaint with the Dept of Consumer Affairs however, have yet to see any action.  So I wait and strategize with my fellow neighborhood rebels......

I was doing some research and saw the bill that you are speaking of.  Why not start a letter writing / email sending / phone call making campaign to your Congressman and other elected officials?  It's gathering dust because the builders have the money to make it gather dust.   By the way, the bill was introduced by Senator Derrell Jackson.  Why not contact his office and ask what he suggests you could do to make this bill pass?

Here's the bill:  http://www.scstatehouse.gov/sess118_2009-2010/bills/30.htm

[Djehuty-M]

HOA are deemed "political sub-divisions of the State" and thus are subject to the same Federal and State Bill of Rights which includes Due Process - Notice and Opportunity to Defend. The letters that you ignored probably gave you plenty of notice but the defense aspect you may need to investigate... or just work out a payment plan and pay the bill.

Ignored letters and payment plan.. No SIR! I answer everything these days.

Thou I disagree with HOA it is needed. Some just dont care about upkeep. The fee is a very low yearly assessment. My issue is I recognize the pattern as used with taxes. Claim this is all encompassing and every lot owner is required. ( lot owner under what parcel?) Secondly, this HOA usually spirals out of control ( fees and regs) and i think I need to chin check them right now about the small discrepancies.

Always challenge even if just to get clarity on a matter and let the HOA know a legally astute live wire is on the scene.