HOA claims we violated rules. I didn’t even know there was an HOA.

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  • #377134
    markolaska
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    My wife and I just bought a home in a small town in Louisiana. There was no HOA listed, and neither the seller nor the realtor told us about an HOA. The house we bought is a bit of a fixer-upper, so we started renovations almost immediately after we closed.

    A week after renovations started, we got a letter from a supposed HOA telling us that we couldn’t renovate our house without permission. A neighbor had apparently reported us, even though we had no clue there was an HOA in the first place. I don’t like HOAs, so we wouldn’t have bought this home if we knew there was one.

    I’ve been trying to contact the seller and the realtor, but they have been unresponsive. I’ve also tried searching for records of the HOA online and locally, but none have turned up any results. I don’t think this HOA actually exists, at least legally. There are no papers, no trail whatsoever.

    Now, on top of the “violation” and the fine, we are being asked to pay 2 grand for annual dues. The fake HOA is also asking us to stop renovations and put the house back to its original form. I’ve already entered agreements and made down payments to contractors.

    What am I supposed to do now? Is there anything I can do short of taking legal action?

    #377135
    arnie920
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    Hey there, I’m not a lawyer, but you might want to consult with one to understand your rights better. If there’s no legally established HOA and you weren’t informed about it during the sale, it could be a case of misrepresentation. Keep a record of all your attempts to contact the seller and realtor, as it might be crucial evidence. A legal professional can guide you on your next steps and help you navigate this situation effectively.

    #377136
    hoa_newbie
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    Oh, that’s a tough situation. Before going all-in with legal action, maybe try having a friendly conversation with the supposed HOA? Politely request documentation or proof of their legitimacy. Explain your situation, the lack of information during the sale, and how you’ve already committed to renovations. Sometimes, conflicts can be resolved through communication and understanding. It’s worth a shot before escalating things.

    #377137
    ollieoxen
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    Oh, that’s a bummer! Legally, you should get advice, but on a practical note, have you tried talking to other neighbors? Maybe they’ve faced a similar situation or know more about this mysterious HOA. Also, check local municipal records or visit the town office to see if they have any information on an HOA. Sometimes these things can be cleared up with a bit of local digging.

    #377138
    h8oa
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    This is outrageous! It’s possible the seller and realtor were aware but chose not to disclose the HOA details. Besides seeking legal advice, consider reaching out to local community groups or even posting your experience on social media. Shine a light on this situation – you might find support from others who’ve faced similar issues or draw attention to the unscrupulous practices happening in your community. Solidarity can sometimes be a powerful force in resolving these matters.

    #377404
    TheWarrant
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    Carefully check your settlement statement for the home. There should be a line item in there that discusses HOA assessments. Typically, when you buy a house in an HOA, the Seller may have monies coming back to them, and you will have to pay your pro-rata share of the assessment.
    If that line item is NOT there – there’s most likely no HOA.

    The second item is examine the name of the HOA on your violation letter. In most States, I’m not sure about LA., but in MOST States, the HOA must register with the State as a business. If they are collecting monies (Assessments), they have to have a company, and must be incorporated. Check online with the State of Louisianna, go to this website, enter the name of the HOA. https://coraweb.sos.la.gov/commercialsearch/commercialsearch.aspx

    This will give you the legal name of the HOA and the registered agent and possibly the names of the Board members – the amount of information you get varies by State.

    You should have been provided with a coupon book, or a letter that tells you who and where to send your assessments along with an address.

    Check your closing documents and the hundreds of times you initialed or signed you name – LOL – if one of those says that you were “issued, received, and you read and understand and will comply with the CC&R’s of the HOA”, then you’re pretty well sunk and need to reach out to the HOA and get a set of CC&R’s and get into compliance.

    Just off-hand and going ONLY by the information you provided, this is either a scam, OR there’s really an HOA and they’re probably run very poorly.

    In the meantime – keep ALL documentation you have received and sent (if any), and a record of all phone calls made and who you spoke with and sumamrize what they say.

    Good Luck – and please post here any updates, you have a lot of us wondering what’s going on there and we may learn from your unfortunate situation.

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