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| Tuesday, February 07, 2012
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TishS
Posts:0
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| 08/04/2010 6:46 PM |
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I have CCR's attached to my deed. They say membership is mandatory (names the HOA)and limits the jurisdiction to my division along with all the other standard restrictions, assessments, dues, etc. The final line in the document says two other divisions are eligible for membership. (they were already built at the time this document was prepared.
I have Articles of Incorporation that were provided to me by title. In this document it says the HOA is one of the eligible divisions (and not mine)
I found out that the corporation was allowed to administratively disolve for 8 years when it was discovered new articles were filed under the same name as the original HOA, but they only consisted of the name address and officers (no mention of membership)
In 2004 the board wrote new bylaws. Membership was then restated as to be mandatory and all of the first three divisions and some random lots from other HOA's. The Bylaws were recorded with the county only on the random lots, very few people in the other lots knew anything about them.
2009 I discovered this, when I was told at a meeting my division were mandatory members and everyone else were optional or voluntary (all verbally) I also found out that 25 percent of these added members had no idea they had been added and were not paying anything.
I tried to work with the board to clean up this strange scenerio, no luck.
It was suggested that I file a quiet title action to clarify this mess.
The HOA's response was to file a request for declaratory judgement and verbally said that the HOA is actually a voluntary non profit community club.
Question. Was the correct action to file a quiet title action? Is it still the right course since they are saying the HOA is a voluntary non profit community club?
The CCR's are still recorded and the odd ball lots have the Bylaws for one HOA and CCR's for another on their deeds (both have mandatory membership in their language)
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SusanW1
(Michigan)
Posts:5035
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| 08/04/2010 8:05 PM |
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What do you hope to accomplish?
You say it's a mess. I see some properties with a mandatory membership, and some that are not mandatory, but receive some of the HOA's amentities.
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GlenL
(Ohio)
Posts:3526
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| 08/04/2010 11:24 PM |
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"It was suggested that I file a quiet title action to clarify this mess."[i/]
Suggested by whom???? As others stated in your other post on this subject, you need an attorney to sort this mess out. Especially now, if they win their request for declaratory judgment you could very well end up paying the HOA's legal fees.
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/98314/view/topic/Default.aspx |
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Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns |
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MaryA1
Posts:0
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| 08/05/2010 7:32 AM |
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Tish,
You have stated this problem in another thread. I believe it was suggested that your consult with an attorney. I also asked why you filed a quiet title action. Do you even know what that means? It is to determine who has title to the property in question. I don't understand how that has anything to do with your problem. Again, please consult with an attorney. What needs to be done is to find out if there is an HOA that requires mandatory membership and, if so, exactly what parcels are included in that mandatory HOA. I don't believe an HOA can have both mandatory and non-mandatory properties. Also, if new parcels are to be added to the HOA, the CCRs is the doc that needs to be amended, not the bylaws. An amendment to the CCRs requires a vote of a certain % of the members. I don't believe an amendment to the bylaws is the proper way to add new parcels to the HOA and I also don't believe it could be enforced. This is one big reason why you need to speak to an attorney. If there are other members of the HOA who are as concerned as you perhaps you all can get together and split the cost of an attorney. I would suggest you find an attorney who specializes in HOA law. |
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