Homeowners dispute

[arthursleep]

Georgia.

We are in a dispute with the homeowners association regarding if we are members or not.
The deeds for the house were filed before the homeowners regulations were filed (by a few minutes)

My question is are we part of the homeowners association of our sub division.



Arthur

[FlyingRon]

The date your deed was filed probably doesn't mean much. There were probably some covenant or deed restriction prior to yours. Typically in a development, the HOA often doesn't get established until a certain number of the lots are sold, but that doesn't mean the guys in early aren't bound tot he association. You need to take everything you've got to a lawyer to decipher. We don't have enough information to work with.

[arthursleep]

we do have a lawyer but haven't really got a straight answer, (through title ins) it is a new sub division and we are the only ones here if that makes any difference.
Just hoped there was someone with a yes or no answer it has been going on 2 years now and is wearing me down

[justalayman]

when a subdivision is created with the intent of having an HOA, it is usually recorded in the deed that you will be subject to the rules of whatever HOA is created. It doesn't matter if the HOA is in existence at the time or not.

So, does your deed say you are subject to the rules of an HOA that may be formed? If so, then you are bound by the rules of the HOA. If not, then you probably aren't.

[arthursleep]

Hi,

Thank you, not the answer I wanted but at least it is an answer and one that makes sense.

Thanks for all your help.