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we dont need home owner association, they don't do anyting for us, and we has to pay, please help us

2007-04-17 02:13:28 · 8 answers · asked by carlosaliaga_00 1 in Politics & Government Law Enforcement & Police

8 answers

I don't know that you can do away with having a homeowner's association...you can replace them by voting...but they have to follow certain laws (like having so much money in reserve for emergency situations and having insurance coverage for the buildings, etc., bills for landscaping and building upkeep, etc...and if someone doesn't pay their share, they have to go after them with a lawyer.

2007-04-17 02:23:33 · answer #1 · answered by Anonymous · 0 0

By not relating what state you are from I've included a "standard" HOA (Home Owners Association) rules and regulations exerpt.

You should have a document with the papers associateed with your home purchase and need to refer to it for further information or the laws of your state.

These restrictions are contained in a document known as the Declaration of Covenants, Conditions and Restrictions (C, C & R's) that should be provided for your review before making your purchase. The C, C & R's become a part of the title to your property. They bind you and every future owner of the property whether or not you have read them or had them explained to you. The C, C & R's, together with other "governing documents" (such as association bylaws and rules and regulations), are intended to preserve the character and value of properties in the community, but may also restrict what you can do to improve or change your property and limit how you use and enjoy your property. By purchasing a property encumbered by C, C & R's, you are agreeing to limitations that could affect your lifestyle and freedom of choice. You should review the C, C & R's and other governing documents before purchasing to make sure that these limitations and controls are acceptable to you.

As an owner in a common-interest community, you are responsible for paying your share of expenses relating to the common elements, such as landscaping, shared amenities and the operation of any homeowner's association. The obligation to pay these assessments binds you and every future owner of the property. Owners' fees are usually assessed by the homeowner's association and due monthly. You have to pay dues whether or not you agree with the way the association is managing the property or spending the assessments. The executive board of the association may have the power to change and increase the amount of the assessment and to levy special assessments against your property to meet extraordinary expenses. In some communities, major components of the community such as roofs and private roads must be maintained and replaced by the association. If the association is not well managed or fails to maintain adequate reserves to repair and replace common elements, you may be required to pay large, special assessments to accomplish these tasks.

If you do not pay these assessments when due, the association usually has the power to collect them by selling your property in a no judicial foreclosure sale. If fees become delinquent, you may also be required to pay penalties and the association's costs and attorney's fees to become current. If you dispute the obligation or its amount, your only remedy to avoid the loss of your home may be to file a lawsuit and ask a court to intervene in the dispute.

Best wishes.

2007-04-17 02:24:25 · answer #2 · answered by KC V ™ 7 · 0 0

The only way you can get out of that trap is to go around and get a petition signed by each neighbor to have it put up to a vote to eliminate the association and the by laws. Once you get a majority of the signatures, which is outlined in the bylaws, then at the next vote by the membership, usually when they are voting for the annual budget and next years board members, you can vote on that too. If you get the required number of Yes votes, the association is no more. There is no other way to get out of that situation and its a LOT of work.

2007-04-17 02:20:12 · answer #3 · answered by Sane 6 · 1 0

I think the only option you have is to move out of where you are and go somewhere without a home owner association.

2007-04-17 02:42:58 · answer #4 · answered by joeanonymous 6 · 0 0

Move or get voted in as the Pres then change all the rules.

2007-04-17 02:18:52 · answer #5 · answered by Boomrat 6 · 0 1

Ask for an accounting of the money, or vote new members in. Be a part of the solution.

2007-04-17 02:17:21 · answer #6 · answered by Anonymous · 2 1

Yep, pack up and move. If you live in the subdivision, you're subject to their rules.

Nothing like socialism in the 'burbs.

2007-04-17 02:21:10 · answer #7 · answered by TheOnlyBeldin 7 · 0 0

Sell and move.

2007-04-17 02:16:51 · answer #8 · answered by Anonymous · 1 1

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