No. Collecting money from homeowners is how Homeowners Associations pay for things.
Is the HOA trying to avoid their responsibility and neglect it and put all their shit on us as the homeowners of the community
Who are the "they" and "us" you are referring to? It's an association of homeowners. You are the "HO" of the "HOA". It's you and your fellow property owners. It's your private club giving its own members a heads up about what you will need in order to cover your portion of the expenses for your share of liability in the community property.
Thank you! No, not at all. I specifically asked if there was an HOA or plans for an HOA. The developer said no in all cases.
Developers lie. Like a lot. Have your real estate agent get confirmation in writing.
I definitely feel this, but have nothing to back it up. We aren’t using a real estate agent, just the developer’s agent. It seemed redundant.
That sounds extremely risky. You should have a professional advocating for you. Make sure you have a real estate attorney look over everything before you sign. If you already did, just have them look it over to point out the issues that everyone is probably trying to hide from you.
Also, start the paper trail now. Email the developer to confirm everything you remember them telling you or promising to you to document it. Ask them to correct any incorrect statements. I don't know how far this will get you when they fail to deliver on any of those promises but it'll be better than nothing.
Don't lift contingencies until they confirm the HOA status, name, and provide copies of the covenants.
If they can't do that, then walk away. It's too big of a risk.
Read your rules document. Is she actually breaking any rules defined in the Rule document? If so, report each infraction as a separate occurrence.
If the rules are vague, such as: "members may not cause excessive noise" then do report each problem, but also you should send a request to the Board to amend the rules to prohibit the transition of construction noise between units between (reasonable hours). This will allow the HOA to enforce more successfully going forward.
1100 homes in total burned in the fire. 100 were in this HOA. Nobody lives in those 100 homes for the stupid clubhouse.
How many total he's in the hoa? Did the whole hoa burn down, or were the 100 from the hoa just a corner of a much larger association that still has a large number of in-tact homes?
His house burned down, why should he have to pay fees for property he can not use?
Not arguing, just want some better perspective.
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How is this different than the property taxes and mortgage that the homeowners would still have to pay?
Because one pays taxes and mortgages because they are debts, not payment for services that don’t exist relating to a property that doesn’t exist.
Hoa fees aren't payment in exchange for a service. The fees (Assessments) are shared expenses for shared liabilities like insurance and depreciation of infrastructure that the property owners own a % of. They're more like taxes.
Those expenses don't go away if something happens to the house. While insurance pays for the homes and damage to get rebuilt the insurance, landscaper, security, pest control, cpa, bookkeeping, and everything else still needs to be paid.
Should the other homeowners have to pay more to cover the Assessments not received?
I'm not saying that the board shouldn't put waiving the homeowners fees to a vote of the membership, but hoa's governing documents don't typically allow the board to waive assessments.
If you can, set up an automatic response: "Dear homeowner, I cannot act as a recipient for association correspondence. Your message will be deleted without being reviewed. Please resend your message to the management company at (managementcompanyemail) so that it may be reviewed properly."
You will need one other neighbor or non-related person to help. The helper won't be able to join the Board.
Read your Bylaws.
Submit a petition (you probably only need your own signature) to hold a homeowner vote to 1: hold an elections meeting located in your unit or some other space that you can access at the community, and 2: appoint your helper/neighbor as the nominations committee and inspector of elections. If you can get a majority of the Homeowners (or at least just a number greater than the number of Board members) to sign a limited proxy for you, you can have the vote approved automatically. (you can find petition and proxy forms with a google search)
Do the math to determine how far in the future the election has to be, as well as nominations and ballots, and include the deadline dates on the petition. (if your Board wants to screw with you, they may figure out that they can change the date and place, but it doesn't sound like they will have that much interest).
Print and distribute nominations forms and ballots (with a return address to your helper) in accordance with the schedule outlined in the bylaws. You will have at least one nominee (yourself). If you receive fewer nominations than director seats, don't worry about it. If the bylaws allow for write-in candidates, then include extra spaces.
When you host the meeting and your helper brings the ballots, you will need to make sure you have a quorum, which will be defined in your bylaws. probably 5-6 ballots for you. You may want to go door-to-door to ensure that you get enough ballots.
After you win your seat, you can appoint your helper to fill a vacant seat if there is one. MAKE SURE YOU TAKE MINUTES OF THE ELECTION MEETING, including the results and appointment of director(s) to offices of president and secretary (these are the two most important offices to make sure are filled). You will need these to deal with your HOA's bank, insurance company, etc.
Best of luck to you.