How can you prevent the formation of a homeowner's association?

Question

I'm in a new development that's nearing completion. The developer's lawyer sent out letters to all homeowners claiming there's an interest in a homewowner's association for the purpose of buying street lights, a park, and maintenance of the developer's entrance signs. The people I've talked to so far are all against it.

Answer 1

I was in the same situation. When the develper call for a meeting if 51% of people present want the association banned then it is. I am so glad that we banned ours.

Answer 2

Look at your deed. If the deed you accepted gives the developer that right, then there's nothing you can do. Even if you didn't "notice" it in your deed, you are charged with having knowledge of it, and of having agreed to it.

On the bright side, the fee you will be charged every year should be relatively low, ($50-$250) and will pay for services that you and your neighbors will use- street lights, a park, and maintenance of the development's entrance signs. These will also contribute to increasing the value of the homes in the development, including yours). So try to think more reasonably about it. It's really not a bad thing. It's actually quite positive. The value it will add to your real estate is far in excess of your individual yearly costs.

It would also be cheaper to pay the yearly fee than to pay a lawyer to fight it.

Lastly, as a practical matter, I would advise against getting on the developer's bad side, because as it appears you bought a new build, you will want him to cheerfully and quickly address any issues you have with your house over the next year or two.

Answer 3

particular you may proceed grilling and enable them to take you to court docket the place you cna countersue only becuase this is in a settlement would not unavoidably make it valid there have been some sound judges overturning such regulations in HOA and in Ca legislations is underway to the superb option such abuses with the help of HOAs. bear in techniques whne you sue a HOA you're in effect suing your self on the grounds which you pay into that. yet I choose the grease the skeay wheel technique somebody is popping you infor the voilation see who this is... grant them some stable BBQ or some thing you may consistently bend the regulations as poeple consistently do the two that or flow the blakcmail direction and see what dirt you may dig up on somebody ( IRS, cheating, resident prestige.. ) and artwork it that way the two way do no longer take it mendacity down now you be conscious of why HOAs suck

Answer 4

You really can't.

First Amendment guarantees freedom of assembly and expression, which also means the freedom to form private associations.

So while you may try to get them to stop, you can't enlist any legal or govt help, because any such govt action would be unconstitutional.

Answer 5

Organize your neighbors to fight it!