more than death and taxes
June 7, 2021 7:30 PM   Subscribe

What exactly is the purview of a homeowner's association?

After living in my neighborhood for almost 20 years, a newly activated homeowner's association is suddenly demanding hundreds of dollars in yearly dues from all neighbors. This is meant to gather tens of thousands of dollars to pay for culling trees in a woods that backs some -- not all -- of the neighborhood homes. The homes with the woods as a backyard are worried that trees might fall into their property. The woods is city property. I haven't paid enough attention to understand why the city isn't supposed to take care of it .
Not everyone in the neighborhood wants or is able to pay the new hundreds of dollars in dues. The woods is not effectively community property, and the people whose homes are next to it do not allow right of way for access into those woods.
The president of the homeowners association has sent out 5 increasingly aggressive letters -- going from email to snail mail -- fairly demanding that we all pay these dues that evidently some people voted to pass. But not everyone is active in the association nor votes nor can attend the meetings as they're set up, where the voting happens. It is actually a lot of money for some of us.
Could there be a clause somewhere for a homeowners association that says we have to pay the amount of dues that some of the homeowners voted to pass? If so, where would that clause be?
posted by nantucket to Home & Garden (12 answers total) 1 user marked this as a favorite
 
Yes, there can be a clause that says you have to pay dues that were properly voted on by the association. You need a copy of the association rules to see if the assessment was done properly and if the goal (culling trees) is within the purview of the association. You will also want to read up on how to challenge or overturn a decision of the board. There are also lawyer that specialize in this but in any case the first step is to get a copy of the association bylaws.

Also, start asking around who else is unhappy about the change? It will take a group of you to overturn the decision plus you might find someone who is a lawyer or at least good at reading legal documents.
posted by metahawk at 7:38 PM on June 7, 2021 [7 favorites]


Your HOA should have a set of Bylaws and a set of Covenants, Conditions, & Restrictions (CC&Rs). The latter are sometimes just called the Covenants

Obtain those from the HOA, and they'll let you know what powers they have. There will also be some Rules and Regs for the HOA itself, and they are also regulated by your state or whatever local government you're under.

Contact the city arborist and tell them what you have in writing from the HOA President, and ask them if it's legal for the HOA to cut the trees at all. If it's not legal, the arborist can nip that in the bud. It's possible that the tree thing is a red herring to get people to pay the dues.

The HOA can legally charge dues, which is why, if you don't have one, you should figure out why people elected to form one, and hopefully it's a reason that amounts to more than the right to bully your neighbors.
posted by Sunburnt at 7:39 PM on June 7, 2021 [13 favorites]


This hinges on what jurisdiction you are in and whether the HOA existed (not whether it was active, whether it legally existed) when you bought the property so you will very likely need a lawyer.

If the HOA did not exist (ie., you did not sign any covenants, the HOA is not mentioned in your real estate paperwork etc., when you bought the property) then in my jurisdiction nobody can force you into an HOA -- it must be unanimously approved by all affected owners. Your jurisdiction may be different!

If you did sign the paperwork when you purchased then you're basically hosed but a lawyer might be able to find an escape clause if you're lucky (this is unlikely). Sorry but if you cannot afford a consult with a lawyer then you cannot afford to resist, barring the suggestions above.
posted by aramaic at 7:47 PM on June 7, 2021 [16 favorites]


Everyone's saying lawyer -- look for a real-estate lawyer, specifically. You can contact your city, county, or state Bar Association for a referral, or of course ask any lawyer friends if they know the right person. Bring your deed and all HOA documents to your meeting.
posted by Sunburnt at 7:50 PM on June 7, 2021 [4 favorites]


Since the HOA was lapsed for a number of years, it may no longer officially exist in a form that creates obligation for you. This happened in my neighborhood. Something to check on.
posted by bq at 7:54 PM on June 7, 2021 [15 favorites]


Also - was the leadership legally elected, was there a quorum, what alternative election procedures exist if there's not a quorum...
posted by amtho at 8:49 PM on June 7, 2021 [9 favorites]


A private individual or group cannot cut down trees on public land, AFAIK. So, maybe call town government offices and find out if they've been asked to cut those trees.
posted by mareli at 5:19 AM on June 8, 2021 [5 favorites]


Echoing what sunburnt and aramaic said above. If your home is part of an HOA, you should have received a copy of the association by-laws and the CC&R documents at (or prior to) closing. I have lived in two HOA subdivisions (one in GA, the other in TN). In both cases you've effectively entered into a contract with the HOA when you buy the house, which is why fighting them can be very tricky. On the other hand, the HOA's remit is specifically outlined in the same contract, so going outside of what's clearly spelled out should be something of a non-starter. In both HOAs I was a part of, the responsibility for upkeep/maintenance/insurance was limited solely to the "common areas" (playground, tennis court, etc) and the entrance signage/landscaping.

In Georgia, for example, an HOA can file a lien for non-payment of dues without much in the way of process, and there are law firms act on behalf of HOAs as the bread-and-butter of their practice (example: see page 26, paragraph B of this PDF).
posted by jquinby at 6:57 AM on June 8, 2021 [1 favorite]


I think more information is need about your statement " a newly activated homeowner's association..." Is the HOA new or was it inactive and recently re-activated?
posted by tman99 at 7:43 AM on June 8, 2021 [5 favorites]


There are a LOT of horror stories regarding HOAs where corrupt officials basically use fines to line their own pockets and harass every member (except themselves and their cronies) for minuscule violations like "leaving the trash can out" or "parking wrong" or even having the wrong type of car.

If you've never signed to join an HOA, and your original purchase did not say you're part of HOA, then you are NOT a part of the HOA unless they can somehow prove you've joined, but that's up to a lawyer to argue the fine points.

There are plenty of stories about HOA staff harassing NEIGHBORS who are NOT part of the HOA.

So make sure you are in the HOA... not just because they say so. They often CAN be wrong.
posted by kschang at 11:55 AM on June 8, 2021 [3 favorites]


BTW, get on the tree issue-- the legality of it -- right away. If they do cut down the trees illegally, the fines can be catastrophic (treble damages in many cases) and guess who pays when the HOA has to pay a fine? The answer is in the H and O. Not good.
posted by Sunburnt at 4:10 PM on June 8, 2021 [2 favorites]


And hey, if it turns out you are part of the HOA and have concerns about the HOA, consider running for the board. You can help make sure people don't get up to shenanigans.
posted by brookeb at 8:02 PM on June 8, 2021


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