ignorance, judgment, neighbors
SO my wife and I bought our first MH finally! But first lets rewind. About a year and a half ago, we bought our first home, 2000 square ft absolutely beautiful in a quite dead end neighborhood. I k...
Forum Discussion
As you can see, there are all kinds of people in the world and the HOA governing docs are there to protect against the extremes and your property values. Noone likes being told what to do with their property but if your neighbor pained their house pink and had blue tarps in the front yard, all the time, you might understand.
I have only read part of the replies here. I have been on a HOA Board and served as it's Pres. Yuo need to find the board members. They are the only ones they may enforce the CCR and other governing docs. These docs must be in compliance to your state or local municipal statutes. These change. Flag poles may now be authorized. How they are displayed may still be upto your HOA governing docs? There has to be paragraphs in the CCR, which establish the administrative board. It might be as few as 3 people.
There is good advice here and some erroneous. You will want to weed through that. Stating that the HOA CCR and governing docs do not apply to you, because you were not informed, is likely very wrong. These docs are applied to every plat in your HOA. There are likely no exceptions. Seeking your state's agency which monitors real estate sales and attachment disclosure, is probably your best bet, if you are interested in seeking recourse against the real estate agent, agency or escrow/closing agency.
I believe you did the right thing by not arguing with the lady or other neighbors. As you state, starting a war is not good. If the neighbors have declared war, an attorney is your best offense.
If there is no HOA Board, what does your CCR and state statute say about the state of the HOA. There are docs the administrative board must submit (maybe) anually. What does the state say the HOA Board must do to inform members of the HOA activities, dues, budget, bylaws, etc? Here, the CCR and Rules and Regs spell out the steps the Board takes in the event a violation of the governing docs are noted. What are they and is the board complying with them.
I bet you find better info quickly, through local authorities. Our state requires the docs, including the list of board members, with the County Clerk.
Good luck but if it turns out that this lady is on the board (and it would be sad if so and she did not ID herself) or that the board is enforcing the governing docs correctly, you may be left with a sale and possible recoupment from agencies who failed to notify you of the HOA prior to your closure.
I have only read part of the replies here. I have been on a HOA Board and served as it's Pres. Yuo need to find the board members. They are the only ones they may enforce the CCR and other governing docs. These docs must be in compliance to your state or local municipal statutes. These change. Flag poles may now be authorized. How they are displayed may still be upto your HOA governing docs? There has to be paragraphs in the CCR, which establish the administrative board. It might be as few as 3 people.
There is good advice here and some erroneous. You will want to weed through that. Stating that the HOA CCR and governing docs do not apply to you, because you were not informed, is likely very wrong. These docs are applied to every plat in your HOA. There are likely no exceptions. Seeking your state's agency which monitors real estate sales and attachment disclosure, is probably your best bet, if you are interested in seeking recourse against the real estate agent, agency or escrow/closing agency.
I believe you did the right thing by not arguing with the lady or other neighbors. As you state, starting a war is not good. If the neighbors have declared war, an attorney is your best offense.
If there is no HOA Board, what does your CCR and state statute say about the state of the HOA. There are docs the administrative board must submit (maybe) anually. What does the state say the HOA Board must do to inform members of the HOA activities, dues, budget, bylaws, etc? Here, the CCR and Rules and Regs spell out the steps the Board takes in the event a violation of the governing docs are noted. What are they and is the board complying with them.
I bet you find better info quickly, through local authorities. Our state requires the docs, including the list of board members, with the County Clerk.
Good luck but if it turns out that this lady is on the board (and it would be sad if so and she did not ID herself) or that the board is enforcing the governing docs correctly, you may be left with a sale and possible recoupment from agencies who failed to notify you of the HOA prior to your closure.
