HOA Formed After Sale Compromising Road Maintenance

Question:

I bought a lot in 2006 in Bear Run. Our deed says to pay the developer or our HOA, “bear Run property owners association”, our HOA fees. The developer sold us and the remaining 24 lots of our 33 lots to BVGMA before we created an HOA with members. Now, NO one is paying, saying we dont have an HOA. I am the only one affected by the NO FEES being paid since I live inside of Bear Run and everyone else lives on the outside along a shared road that we all have to pay road maintenance on. The new owners changed the CC&Rs after they bought us to read that we pay another HOA our fee for the shared road, So the shared road gets paid for, but OUR Internal roads do not get paid for. I tried creating an HOA and NO one wants to join it and have to start paying for roads they dont use? What can I do????

– Richard

 

Answer:

Hi Richard,

You may reach out to the original developer, BVGMA, or the HOA board to clarify these issues. Review the governing documents and community plat to see which roads and common areas are the responsibility of your HOA. They should also indicate which lots are considered part of the HOA and what members’ obligations are. If the other lot owners are not considered members of the HOA, then they do not have to pay the HOA fees or maintain roads within your community. For further guidance, kindly consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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