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ErikaG
(Kentucky)
Posts:2
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| 03/19/2009 8:10 AM |
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I was recently told we had a HOA after living here two years, this is all new to me so please forgive my ignorance on the subject. They want 2 years of past dues paid. I live in a rural trailer park, everyone owns there own land, and personally I do not want one.
After finding out about the HOA, I went down to the county clerks and she told me that there is no records of any bylaws or restrictions for my community on the computer or plat, the computer dates back to 1980. She said that bylaws usually expire after so long so if it was filed prior to 1980 it is most likely void.
Years ago one man owned the whole park and eventually sold off the land to the homeowners. I would guess he was the one to set up the HOA and after he sold it the homeowners kept it.Is this legal? I would assume something legal would need to be filed with the state. Am I even looking in the right place to find the bylaws? If the bylaws have expired would it be easy for them to "re-new" it? I've read of where subdivision have a voluntary HOA, if this is what we have that would mean I have a choice in the matter. But the lady who told me of the HOA made it sound like I HAD to pay her the dues. |
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MicheleD
(Kentucky)
Posts:4491
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| 03/19/2009 8:29 AM |
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What is the name of the HOA?
It's really easy to look up on the Kentucky Secretary of State website.
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MaryA1
Posts:0
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| 03/19/2009 11:29 AM |
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Erika,
Who is this "lady" who told you that you had to pay HOA assessments? Is there a board of directors? Frankly, I wouldn't pay this "lady" or anyone else a cent until I saw a copy of the CCRs which stated an HOA was required to manage the assn. You are correct in thinking if this is a voluntary assn you do not have to join and be subject to paying assessments. However, if the CCRs state an HOA is required that would mean it would be a mandatory assn and you would not have a choice. But, articles of inc. and perhaps bylaws would have to have been formulated and a corp set up under the procedures outlined by the Corp. Commission or the Sec. of State. I would suggest you check out the Sec of State's website as Michele suggests. |
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ErikaG
(Kentucky)
Posts:2
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| 03/23/2009 9:14 AM |
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Hi. Thanks for the replies. I checked the Sect. of State and she said that it was not on file. Meaning it is not incorporated. She said that does not necessarily mean that its not legal. What would be my next step? I haven't received a copy of the bylaws yet but I got my first bill (for 2 years) from the lady (sec/treasurer) and its due by the 15th of April or she is taking me to court.
We spoke to the previous owners and they said they looked into it to and they couldn't find anything filed with the state either. Apparently, they got harassed by people out here after they stopped paying the escrow. I don't know of them ever getting sued either. |
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RogerB
(Colorado)
Posts:4686
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| 03/23/2009 9:36 AM |
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| Ericka, the Secretary of State only knows whether or not the HOA is incorporated. The Bylaws only speak to the organizational structure and are good until amended. You need to determine if there is a Declaration of CC&Rs (Covenants) to determine whether you have manditory assessments which must be paid. Ask the wowan who told you to pay for a copy or get them from the county. If not filed with the county there are no enforcable Covenants. |
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EllenS1
(Florida)
Posts:1148
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| 03/23/2009 12:26 PM |
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Erika,
If you purchased title insurance when you purchased check the policy. If there is an hoa there will be reference to it there. It may not state the name of the homeowner assn but will mention assessments, etc.
No way would I pay one red cent until this woman provided me with a copy of the covenants as recorded. |
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SusanW1
(Michigan)
Posts:5202
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| 03/23/2009 6:39 PM |
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Could it be that this is a voluntary association?
In any case, demand to see the bylaws, articles of incorporation, names of all board members, minutes of the last meetings, and end of year financial report for this "association" this woman claims to represent.
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DwightT
(Idaho)
Posts:653
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| 03/24/2009 7:30 AM |
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Frankly, this almost sounds like extortion. As the others have stated, demand to see the documents that would justify the charges. If she can't come up with anything, consider having a chat with your local law enforcement.
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MaryA1
Posts:0
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| 03/24/2009 8:26 AM |
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| Sorry, Dwight, but the local PD won't do a thing. In most instances neither will the AG. Most often the owner is on his own. I would just refuse to pay the assessment until such time as the BOD can prove to me there is an assn and I am required to be a member. This all goes back to the lack of state laws requiring disclosure. |
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