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Neighborhood association

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Scott Ballis

Junior Member
What is the name of your state (only U.S. law)? Washington State. We live inside a private neighborhood for the past 6 years. The property was purchased with the understandiing from the previous owner that it was not in the association and a non subject to rules and dues. the previous owner built before the association was founded in 1996. the association has sent a threatening letter stating they want us to pay a reduced dues amount of $200 yeary instead of $500. they threaten legan action if we don't comply as well as going after back dues. Isn't there an assumed disinterest in out case because they have allowed us to function in the neighborhood for so long. The neighborhood is not gated and open to the public. We have responded that we are willing to pay $200 yearly as a donation only for road maintainance, and do not want to be association menbers as we would already be out of compliance to the rules of membership. Do they have a case against us?

Scott
 


What is the name of your state (only U.S. law)? Washington State. We live inside a private neighborhood for the past 6 years. The property was purchased with the understandiing from the previous owner that it was not in the association and a non subject to rules and dues. the previous owner built before the association was founded in 1996. the association has sent a threatening letter stating they want us to pay a reduced dues amount of $200 yeary instead of $500. they threaten legan action if we don't comply as well as going after back dues. Isn't there an assumed disinterest in out case because they have allowed us to function in the neighborhood for so long. The neighborhood is not gated and open to the public. We have responded that we are willing to pay $200 yearly as a donation only for road maintainance, and do not want to be association menbers as we would already be out of compliance to the rules of membership. Do they have a case against us?

Scott
It is possible that there was an association mentioned in the property's covenants, but that it hadn't been setup until recently. I had that happen to a property in VA; when I bought there was no association, but 2 years later it had been set up (of course without informing the part-time residents). I didn't know anything about it until I sold the property and had to pay 2 years back dues to complete the closing. You may fall under this situation.
 

FlyingRon

Senior Member
It is possible that there was an association mentioned in the property's covenants, but that it hadn't been setup until recently. I had that happen to a property in VA; when I bought there was no association, but 2 years later it had been set up (of course without informing the part-time residents). I didn't know anything about it until I sold the property and had to pay 2 years back dues to complete the closing. You may fall under this situation.
In Virginia the seller was obliged to give you the disclosure packet for the HOA by law. Not sure that helps the OP in Washington State.

Anyhow, we can't tell at a distance. You'll need someone there (a lawyer) to look at the recordings and find out if, in fact, you have any obligation to the association. Just because you're on a private road maintained by the association doesn't necessarily mean that you're obliged to be a member. My association has to provide passage for an adjacent neighborhood and several interspersed historically not part of the development lots.
 

154NH773

Senior Member
I agree with the others that mentioned a possible preexisting HOA covanent. You must do a through search of the property title and see if some requirement exists.
I found myself in a somewhat similiar position, and would advise you to continue to offer a "donation" as your share, and put in writing that the donation is not an agreement to join or otherwise participate in their HOA.
 

Scott Ballis

Junior Member
reply

thanks for all the good advice. the previous owners had apparently struck a deal with the developer to not be future members as an incentive to live in an under developed future neighborhood. The contract when purchased stated property not included in neighborhood association except on a voluntary basis. the first survey by the county for the neighborhood ends short of our property. a later survey for the neighborhood gives our lot a related neighborhood plot number. basically, the association leaders are mad that we don't pay and i think the threats are just that. They may not actually risk member money on a fight they may lose. Almost all neighborhoods like this contain a home or two that is pre-existing and not subject to new rules. I do think that if they wanted to make this point that their opportunity was when we took ownership and it shows a lack of interest that they let us alone for 6 years with not a single word.

Scott
 
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richardtdy

Junior Member
In Virginia the seller was obliged to give you the disclosure packet for the HOA by law. Not sure that helps the OP in Washington State.

Anyhow, we can't tell at a distance. You'll need someone there (a lawyer) to look at the recordings and find out if, in fact, you have any obligation to the association. Just because you're on a private road maintained by the association doesn't necessarily mean that you're obliged to be a member. My association has to provide passage for an adjacent neighborhood and several interspersed historically not part of the development lots.
I am in a fairly similar situation, as our property is in phase 4 of a subdivision, but not incorporated into it, or the covenants, but I am landlocked except for use of their roads. We pay annual 'road maintenance' dues equal to the association dues, but do not want to join due to some other issues. Any ideas to VAs neighbor to the South (NC)?
 

TheGeekess

Keeper of the Kraken
I am in a fairly similar situation, as our property is in phase 4 of a subdivision, but not incorporated into it, or the covenants, but I am landlocked except for use of their roads. We pay annual 'road maintenance' dues equal to the association dues, but do not want to join due to some other issues. Any ideas to VAs neighbor to the South (NC)?
Yes. Start your own thread. To hijack even a dead thread is considered rude. :cool:
 

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