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| Sunday, September 07, 2008
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| Author |
Messages |
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VinnieC
(New York)
Posts:3
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| 08/16/2005 5:06 AM |
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My HOA does not have any CC&R, but does have By-Laws and Rules & Regulations. The only document that makes home owners part of the association is a form that the HOA makes every new home owner sign when they buy into the neighborhood. There is nothing on anyones deed. The roads are owned by the association and the water supply comes from the associations pipes (the association pays the water bill). My concern is that if someone buys a house here and does not want to sign this document, which basically tells them that they have to pay dues and follow the by-law and rules, what right does the association have. Remember the roads to each house is owned by the association. It seems that each home owner must/should pay for at least road use/maintenance and water use. People move here because of the beach community and access to a beach area, so most people do not have a problem signing this HOA document. It seems that this could be a legal problem if someone does not want to be a part of the association.
Any thought or comments on this would be appreciated.
Thanks. |
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MichaelS
(North Carolina)
Posts:5
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| 08/17/2005 10:09 AM |
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Vinnie,
In North Carolina it would be a problem. Home Onwer's Associations are referenced on the deed with a pud rider. Pud = planned unit developmeent, either single family or townhouse, condo or patio home. If your association owns the roads, water pipes and common property there should be some legal teeth somewhere to hold people accountable to the HOA. I'd suggest calling a real estate attorney in your area and picking their brain. Most real estate attorneys here will do this kind of informal conversation for free. If you're an open title state, where title companies close real estate transactions then they should be able to answer your questions. Gook luck. |
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Michael Sullivan |
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