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URL:  http://boards.fool.com/the-only-way-out-you-have-is-if-you-did-not-sign-25872910.aspx

Subject:  Re: HOA - help..... Date:  9/5/2007  8:49 PM
Author:  1poorguy Number:  90606 of 136347

The only way out you have is if you did not sign any documents agreeing to this. If at closing you signed documents acknowledging the existence and authority of an HOA, then you signed a contract and have to live with it.

Go through all your closing documents. Everything. There should be disclosure pages, "welcome" letters from any businesses nearby (our old house I had one of those from Intel because their fab22 -I think- was about 2 miles away), and a copy of any CC&R's from the association. You did keep all those documents, right? The copy of the covenant given you is not sufficient. If it applies to you then you signed a copy, and that's what you need to have (or not) to determine if you are obligated (or not).

What exactly does the deed of trust say? Does it say there may be an association in the future? Does it say you will be given the opportunity to vote on it? Does it say there is an active one detailed in other documents?

You could also call the HOA (likely a management company) and challenge the legality. They may have chapter and verse for you.

Our HOA was never properly filed, so it turns out what I thought was a loose association is actually a non-association. Two neighbors tried to get enough homeowners to sign-on to getting it properly established. The vote was 2-6 with 9 abstentions (i.e. they didn't return their ballots). So much for an association. :-)

1poorguy
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