Get 2 months of free community web site hosting from Community123.com!
Monday, September 23, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: DCCR Enforcement
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
JulieS9
(Texas)

Posts:6


06/18/2019 3:45 PM  
our DCCR states:

"Declarant, or Declarant in and for the Association, and/or the Association , as common expense to be paid out of the Maintenance Fund, or any owner at his expense shall have the right to enforce by proceedings at law or in equity all restrictions...."

Our HOA is asking us to pay for the legal fees after it clearly states in the by laws, DCCRs and addendums it comes out of maintenance fund. Can they do that?
RichardP13


Posts:0


06/18/2019 3:50 PM  
I would assume that the Maintenance Fund is the same as the Operating Account, so yes.
MelissaP1
(Alabama)

Posts:8503


06/18/2019 4:30 PM  
A HOA is ONLY funded by it's members for it's members. So yes, the HOA pays out of it's budget.

Former HOA President
JohnC46
(South Carolina)

Posts:8650


06/18/2019 4:52 PM  
Julie

Who would you expect to pay?
NpS
(Pennsylvania)

Posts:3658


06/18/2019 5:42 PM  
Posted By RichardP13 on 06/18/2019 3:50 PM
I would assume that the Maintenance Fund is the same as the Operating Account, so yes.



Ditto.

Sikubali jukumu. Read all posts at your own risk.
JulieS9
(Texas)

Posts:6


06/19/2019 8:04 AM  
Thank you all,

The HOA is sending us (my husband and I) the bill to pay for their legal fees of filing a TRO (temporary restraining order) because they want us to fill in an existing pond before construction. The HOA board approved all of our plans to build, including to keep the pond, but want us to pay the legal fees after we've asked them to drop the charges. Mind you, we own 2 acres (were also not in a developed subdivision, but land) and only pay $110 a year for HOA fees (its a joke). If it clearly states that the fees come out of the maintenance fund, why are they pushing us to pay for it. They wont follow their own rules. Weve been dealing with this since December 4th 2018.
BobB31
(Florida)

Posts:124


06/19/2019 8:18 AM  
Posted By JulieS9 on 06/19/2019 8:04 AM
Thank you all,

The HOA is sending us (my husband and I) the bill to pay for their legal fees of filing a TRO (temporary restraining order) because they want us to fill in an existing pond before construction. The HOA board approved all of our plans to build, including to keep the pond, but want us to pay the legal fees after we've asked them to drop the charges. Mind you, we own 2 acres (were also not in a developed subdivision, but land) and only pay $110 a year for HOA fees (its a joke). If it clearly states that the fees come out of the maintenance fund, why are they pushing us to pay for it. They wont follow their own rules. Weve been dealing with this since December 4th 2018.



Wait - so this TRO was filed against you? That's different. They might have the right to collect the legal fees from you but I would think that is for a court to decide unless you agreed to pay the fees as a condition of their lifting the TRO. You should consult a lawyer.
AugustinD


Posts:1905


06/19/2019 9:14 AM  
Posted By JulieS9 on 06/19/2019 8:04 AM
The HOA is sending us (my husband and I) the bill to pay for their legal fees of filing a TRO (temporary restraining order) because they want us to fill in an existing pond before construction. The HOA board approved all of our plans to build, including to keep the pond, but want us to pay the legal fees after we've asked them to drop the charges. Mind you, we own 2 acres (were also not in a developed subdivision, but land) and only pay $110 a year for HOA fees (its a joke). If it clearly states that the fees come out of the maintenance fund, why are they pushing us to pay for it. They wont follow their own rules. Weve been dealing with this since December 4th 2018.


Julie, I am with you. I would write a short 'just the facts' letter like the following:

------------------
Subject: Improper Billing for TRO

Dear Declarant of Happy Acres HOA,

The Declaration at section ____ states: "Declarant, or Declarant in and for the Association, and/or the Association , as common expense to be paid out of the Maintenance Fund, or any owner at his expense shall have the right to enforce by proceedings at law or in equity all restrictions...."

Because of this, our understanding is that we, as individual members, owe neither the Declarant nor the HOA any money for the cost of the temporary restraining order (TRO) you filed against us and have since removed. We further feel that the TRO was unnecessary. We believe this issue was on its way to amicable resolution without the TRO.

Please stop billing us for the cost of your obtaining the TRO.

Thank you,

Jane and John Doe
#____ Heavenly Street
Members, Happy Acres HOA
------------------------------

If the Declarant continues to bill you, report back, and this forum can likely give suggestions on how to elevate the tone.

JulieS9
(Texas)

Posts:6


07/11/2019 12:34 PM  
Thank you everyone,

We have bent over backwards and did everything the HOA asked for, they approved our pond to stay but wont drop the TRO. Now want us to pay after it clearly states it should be paid from maintenance fund. I politely asked management to speak to the HOA because they should have been managing the interactions. We received a letter from the HOA attorney to stop contacting the management company... So why do we pay 84% of our fees to them if we cant even talk to them.

I don't even understand how we are an unrecorded subdivision has an HOA... anyways, they wont drop it. Continue to send us the bill after weve explained it was unnecessary and weve provided all documents to keep it. Also, two properties down from us has a pond. The house across the street has a pond. She's very malicious
Please login to post a reply (click Member Login on the menu).



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement