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Author: SeeFoolRun Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 128953  
Subject: Re: HOA - help..... Date: 9/5/2007 10:21 PM
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Wasn't the deed of trust available for inspection before the closing?

Did you read all of the documents/disclaimers provided by the builder before the closing?


No, I read everything at closing. This is my 2nd house & I did the same thing closing the 1st one. I read everything - slowly - and asked a bunch of questions. If I had seen anything mentioning an HOA I'd remember that since it was one of the deciding factors in choosing that house.

I bought this house from a builder, but not THE Builder. Old owners sold this house to the builder of their new house. He was not the same builder who did this development.

I went back thru everything I signed at closing. There is absolutely no mention of any type of HOA. The first document I received that said anything about one was the deed of trust.

We had a neighbor trying to start an HOA a few months back - maybe 6 months or so. That's when I started checking into it & looking back thru all my paperwork. That fizzled out since not too many neighborhood residents were keen on the idea of paying fees just for the privilege of some busybody telling them the color they selected for their front door was verboten.

I have all that stuff at home so I don't know the exact wording on the deed of trust. It was something along the lines of "when the development is completed (i.e. all lots built/sold) an HOA will be formed....blah, blah, blah.

But it sure didn't say anything about "when the new subdivision across the street that doesn't even exist yet gets their pool, you'll have to pay for it".

I guess the same builder/developer that did our subdivision is doing the one across the road. But it is a separate subdivision. Different name and brand new. The last new construction in ours was 2002 I think. The first construction in that one was 2006.

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

It is a mgmt company. I thought about calling them but don't know what I'd say other than they're full of _hit which probably wouldn't get me very far. Can I tell them that I'll gladly pay their silly dues as soon as they produce a document with my signature stating I agreed to a HOA but if not they can f-off?

Our closings are handled by attorneys. Should I set up an appointment with the one who did ours?
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