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Subject: Illegal HOA
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Author Messages
KevinC13
(Florida)

Posts:2


10/11/2019 7:37 PM  
I am in a community that was built in the late 50's. no HOA ever existed but in the late 90's a group decided we needed one. It was rejected overwhelmingly. But they were not deterred. But after a time they realized that they were in the minority and let it go. Even the corporation went defunct in 2002 due to not filing required reports and paying the fees. Its still inactive but they have since retired and have decided to fill their time harassing the other property owners with calls to code enforcement and fictitious nuisance calls to the local LEO. They have no LCAM, the President acts as one.

There was no successful petition to start the HOA. There was no successful vote on the CC&R. They are not incorporated as required by law. They have no teeth legally so use the county to harass people into submission instead of taking time to address concerns with the other homeowners. If they were illegal and acting on behalf of the best interests of the homeowners it might be different but instead they simply file a complaint on anything they disagree with...repeatedly.

As a homeowner in an area that they supposedly oversee do I have a legal right to a list of the members? How about the CC&R? They are supposed to be recorded. Can I request the bylaws and force them to be provided? How else would I know if they are enforcing all the rules equitably.

MelissaP1
(Alabama)

Posts:9024


10/11/2019 8:27 PM  
The CC&R's are considered PUBLIC documents and run with the Deed. They are located at your local courthouse. No one has to give them to you. The By-laws may or may not be filed with them.

Now there doesn't have to be a "HOA" to enforce the covenants. An individual can enforce them if they exist. It just so happens that your neighbors may have formed a group/HOA to take on the enforcement.

Former HOA President
CathyA3
(Ohio)

Posts:761


10/12/2019 5:57 AM  
CC&Rs can exist independently from an HOA. As Melissa noted, they run with the land and remain in force unless amended or removed by legal action.

One thing that concerns me: you mentioned that "Even the corporation went defunct in 2002 due to not filing required reports and paying the fees." This suggests that an HOA did in fact exist at one point. Please note that dissolving the corporation does NOT legally dissolve an HOA. Neglect does not dissolve an HOA. All it does is make individual homeowners personally, jointly liable if anyone were to be injured on commonly owned ground. Commonly owned ground can include green space, streets, and the lovely landscaping at the community's entrance.

I recommend doing some digging through the deed to your home as well as any recorded documents filed under your community's name. If your county recorder makes documents available online, you can find your CC&Rs and other documents without making a trip to the courthouse. Then let us know what you find.

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