TheWarrant

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  • TheWarrant
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    Make sure there is a list of homes in the new HOA formation documentation that lists which homes are ‘grandfathered’ to NOT be a member of the HOA. I would also go as far to ensure that anyone that wants to buy your home be allowed not to join the HOA (perpetuity statement), OR you may find that the new HOA will grandfather current owners, but any ‘new’ owners will be required to join the HOA. Your HOA formation people will need a real estate attorney to stay out of trouble with your State’s corporation and HOA rules/regulations. Make sure the new HOA folks communicate with you in WRITING.

    in reply to: Reversing a Previous BOD Vote #377405
    TheWarrant
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    First thing is to determine if the BOD was within its rights to make the decision without membership voting. If it was able to take action without a membership vote, the new BOD can certainly reverse the decision.

    Second – if the BOD had the decision voted on by the membership and it was a legal vote, to reverse it, the new BOD needs membership approval and a new vote must be taken.

    Lastly – If the old BOD made a decision without a required membership vote, then that was illegal to do so and the new BOD is ‘righting a wrong.’ Well within their purview.

    Check your CC&R’s and your Articles of Incorporation Bylaws for the limits of the decision making of the BOD for the precise answer.

    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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