C
cg zervos
Guest
What is the name of your state?
Hello:
I live in the state of Colorado. This question I have deals with a
Home Owner's Association (HOA) or the the subsequent lack of one.
This week my neighbors and I were notified that the contractor who built our homes never filed the Declaration of the Association with the county.
When we all signed contracts to buy these homes (townhomes), we had to come up with startup fees for the association and pay $130.00 per month in association dues.
The contractor set himself up as the president of the association for the first year.
The homeowners were recently notified that a management company would be taking over the administration of the HOA.
The homeowners have been having some serious problems with site grading and drainage issues and have had difficulty getting the contractor to address these issues properly.
The grading and drainage issues:
-site was never graded properly
-driveways and walkways are sinking
-driveways are cracking and will soon cave in
-contractor will take no responsibility to fix these problems
properly
-our homes are between 12 and 18 months old
I've included this information because it relates to the HOA.
When the new management company was brought in, they wanted to see the "books" on expenditures of the HOA during the time that the contractor was the association president. The contractor refused to suply the management company with any books and informed them the the contractor himself was no longer the association president. (which was news to the homeowners).
The failed request for the "books" from the contractor prompted the homeowner's to ask where all the money went. (over $60,000)
The contrator has done "bandaid " repairs to the site, such as providing a large tree to absorb standing water caused by no drainage of the site. He has also filled numerous sinkholes around foundations caused by improper compacting. (Did the contractor use the association funds to do these inadequate fixes instead of being responsible for his contractual and warranty agreements as contractor to the homeowners? We don't how this is going to work out yet.
Now, the new management company has scheduled an emergency meeting with all of the homeowners and the contractor's lawyer to have all of us sign a document to correct the mistake of the contractor's failure to file the HOA Declaration with the appropriate authorities.
Since we were informed that the HOA doesn't exist, and we as homeowners all signed our original contracts for our homes in good faith, (more than a year ago) is there any rule of law that requires any of the homeowners to sign this new document to form a new HOA after the fact, if we don't want to have an HOA? (which most didn't want to begin with)
It seems to me that our signing anything would be stupid on our part at this point. We are already in our homes, we have been done over by the contrator, and now the contrator's "big Gun" lawyer is going to present us with documents that have to be signed by us (the homeowners) to correct this problem. It further seems to me that the contractor, the lawyers, and the so-called management company don't have a leg to stand on since the homeowners are all now free agents to decide anything they please.
The contractor knowingly accepted the monies in behalf of an association that he knew didn't exist. We signed our contracts for our homes based on the supposed fact that this HOA was in existance. The money for the association has not been accounted for. (from all that I have ever read about these types of situations, it sounds like Fraud)
The "new" management company has assessed new fees for the HOA and has sent letters to the homeowners notifying them what they are required to pay.
Since the HOA doesn't exist in the eyes of the law, the management company is assessing fees for a nonexistant HOA. Are we required to pay the management company's assessed fees?
Anyway, the whole situation is a mess. I hope that you were able to follow these ramblings and can give me some answers as well as what my/our options are at this point.
Thanks for your assistance.
Cliff
[email protected]
[email protected]
Hello:
I live in the state of Colorado. This question I have deals with a
Home Owner's Association (HOA) or the the subsequent lack of one.
This week my neighbors and I were notified that the contractor who built our homes never filed the Declaration of the Association with the county.
When we all signed contracts to buy these homes (townhomes), we had to come up with startup fees for the association and pay $130.00 per month in association dues.
The contractor set himself up as the president of the association for the first year.
The homeowners were recently notified that a management company would be taking over the administration of the HOA.
The homeowners have been having some serious problems with site grading and drainage issues and have had difficulty getting the contractor to address these issues properly.
The grading and drainage issues:
-site was never graded properly
-driveways and walkways are sinking
-driveways are cracking and will soon cave in
-contractor will take no responsibility to fix these problems
properly
-our homes are between 12 and 18 months old
I've included this information because it relates to the HOA.
When the new management company was brought in, they wanted to see the "books" on expenditures of the HOA during the time that the contractor was the association president. The contractor refused to suply the management company with any books and informed them the the contractor himself was no longer the association president. (which was news to the homeowners).
The failed request for the "books" from the contractor prompted the homeowner's to ask where all the money went. (over $60,000)
The contrator has done "bandaid " repairs to the site, such as providing a large tree to absorb standing water caused by no drainage of the site. He has also filled numerous sinkholes around foundations caused by improper compacting. (Did the contractor use the association funds to do these inadequate fixes instead of being responsible for his contractual and warranty agreements as contractor to the homeowners? We don't how this is going to work out yet.
Now, the new management company has scheduled an emergency meeting with all of the homeowners and the contractor's lawyer to have all of us sign a document to correct the mistake of the contractor's failure to file the HOA Declaration with the appropriate authorities.
Since we were informed that the HOA doesn't exist, and we as homeowners all signed our original contracts for our homes in good faith, (more than a year ago) is there any rule of law that requires any of the homeowners to sign this new document to form a new HOA after the fact, if we don't want to have an HOA? (which most didn't want to begin with)
It seems to me that our signing anything would be stupid on our part at this point. We are already in our homes, we have been done over by the contrator, and now the contrator's "big Gun" lawyer is going to present us with documents that have to be signed by us (the homeowners) to correct this problem. It further seems to me that the contractor, the lawyers, and the so-called management company don't have a leg to stand on since the homeowners are all now free agents to decide anything they please.
The contractor knowingly accepted the monies in behalf of an association that he knew didn't exist. We signed our contracts for our homes based on the supposed fact that this HOA was in existance. The money for the association has not been accounted for. (from all that I have ever read about these types of situations, it sounds like Fraud)
The "new" management company has assessed new fees for the HOA and has sent letters to the homeowners notifying them what they are required to pay.
Since the HOA doesn't exist in the eyes of the law, the management company is assessing fees for a nonexistant HOA. Are we required to pay the management company's assessed fees?
Anyway, the whole situation is a mess. I hope that you were able to follow these ramblings and can give me some answers as well as what my/our options are at this point.
Thanks for your assistance.
Cliff
[email protected]
[email protected]