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Homeowner's Association Question

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Old 12-15-2007, 02:16 PM   #16
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Re: Homeowner's Association Question

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I would definitely question the basis of their authority to require you to join where it had been permissive before. However, this would require scrutinizing deed recordings. If it's in one of the recorded deeds, you were on constructive notice, so you may be screwed. You can contest it without an attorney, but you will need an attorney to fight it.
Oh come on... I can tell that TMC has a little Johnny Cochoran in him. If the HOA don't fit, then they must go to "H" "E" Double hockey sticks...

Actually, I think our resident Warpath Council has solid advice and you should retain him... the retainer could be giving him a positive feedback rating on here (ya know, the barter system).
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Old 12-15-2007, 03:09 PM   #17
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Re: Homeowner's Association Question

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I would definitely question the basis of their authority to require you to join where it had been permissive before. However, this would require scrutinizing deed recordings. If it's in one of the recorded deeds, you were on constructive notice, so you may be screwed. You can contest it without an attorney, but you will need an attorney to fight it.
What do you mean here? Like making 100% sure we didn't sign anything forcing us to join? Because I know for a fact (I researched this house VERY thoroughly before we bought it) that joining this was optional.
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Old 12-15-2007, 05:54 PM   #18
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Re: Homeowner's Association Question

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What do you mean here? Like making 100% sure we didn't sign anything forcing us to join? Because I know for a fact (I researched this house VERY thoroughly before we bought it) that joining this was optional.
HOAs can be explicitly stated within the deed of your house. IE: if it says in your deed that it is required then you are screwed, I would imagine there is a chance you didn't peruse the deed for this since most people don't understand that is where the basis for requiring owenrs to join is. That is the only place a mandatory HOA would be defined is.
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Old 12-15-2007, 07:42 PM   #19
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Re: Homeowner's Association Question

Excellent. There's NO mention of a mandatory HOA in our deed.
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Old 12-15-2007, 08:05 PM   #20
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Re: Homeowner's Association Question

Just to be clear - I do corporate transactional law, and I hated property in law school. So, although I am a VA attorney, I don't deal with this at all.

That said, what you may have here is an equitable servitude. Basically, that means a developer can put an HOA obligation with the initial purchasers' deeds, and then it doesn't have to be included in subsequent purchasers deeds. In order to determine this, you need to have someone do a title search to pull up all of the prior deeds, and then review each one for the HOA language.

Again, though, you can contest it without an attorney. At the least, tell them that you don't have any record of such an obligation, and you would like to know what they believe the basis of their authority is. That will at least help you figure out where to look.
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Old 12-15-2007, 09:25 PM   #21
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Re: Homeowner's Association Question

you definitely need the title research done... that's not something you're gonna have sitting in a drawer like an addendum to the purchase contract or anything.
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Old 12-16-2007, 10:45 AM   #22
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Re: Homeowner's Association Question

But what you think it was a good bet it wasn't included considering our real estate company checked it out beforehand just to make sure?
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Old 12-16-2007, 11:47 PM   #23
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Re: Homeowner's Association Question

I'm sure your agent had a title check done at closing, but I don't know if an HOA is the type of thing that they would be looking for.
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Old 12-17-2007, 08:54 PM   #24
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Re: Homeowner's Association Question

Wow, I'm glad that I live in a rural area where there's basically no such thing as a homeowner's association. It's expensive enough to own a home let alone someone sitting around thinking of more ways of extracting money out of ya.
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Old 12-18-2007, 08:53 AM   #25
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Re: Homeowner's Association Question

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Wow, I'm glad that I live in a rural area where there's basically no such thing as a homeowner's association. It's expensive enough to own a home let alone someone sitting around thinking of more ways of extracting money out of ya.
Sad part, this IS a rural area. We live about 10 miles outside of the nearest town.
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Old 12-18-2007, 09:11 AM   #26
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Re: Homeowner's Association Question

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You should have received paper work for you and your wife to sign notifing you of the HOA. You should have received a copy of the buy laws before closing.
They should have, but they not necessarily would have.
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Old 12-18-2007, 09:22 AM   #27
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Re: Homeowner's Association Question

The only paper work we've gotten from them was them begging us to join this thing about a year ago when we moved in. Since then, they've sent us two letters asking us to join and this is how much our dues are. NOW the last letter says it's mandatory...
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Old 12-18-2007, 01:06 PM   #28
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Re: Homeowner's Association Question

I have and it wasn't, so I'm hoping that's a good sign.
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Old 12-18-2007, 01:10 PM   #29
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Re: Homeowner's Association Question

Post your question here:
Virginia Condominium & Homeowners Association Lawyer : Inman & Strickler
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Old 12-18-2007, 02:28 PM   #30
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Re: Homeowner's Association Question

Nice, cool website.

I will as soon as I figure out how to post..
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