Homeowner's Association Question

[onlydarksets]

I would definitely question the basis of their authority to require you to join where it had been permissive before. However, this would require scrutinizing deed recordings. If it's in one of the recorded deeds, you were on constructive notice, so you may be screwed. You can contest it without an attorney, but you will need an attorney to fight it.

[Redskin Rich]

Originally Posted by onlydarksets

I would definitely question the basis of their authority to require you to join where it had been permissive before. However, this would require scrutinizing deed recordings. If it's in one of the recorded deeds, you were on constructive notice, so you may be screwed. You can contest it without an attorney, but you will need an attorney to fight it.

Oh come on... I can tell that TMC has a little Johnny Cochoran in him. If the HOA don't fit, then they must go to "H" "E" Double hockey sticks...

Actually, I think our resident Warpath Council has solid advice and you should retain him... the retainer could be giving him a positive feedback rating on here (ya know, the barter system).

[TheMalcolmConnection]

Originally Posted by onlydarksets

I would definitely question the basis of their authority to require you to join where it had been permissive before. However, this would require scrutinizing deed recordings. If it's in one of the recorded deeds, you were on constructive notice, so you may be screwed. You can contest it without an attorney, but you will need an attorney to fight it.

What do you mean here? Like making 100% sure we didn't sign anything forcing us to join? Because I know for a fact (I researched this house VERY thoroughly before we bought it) that joining this was optional.

[FRPLG]

Originally Posted by TheMalcolmConnection

What do you mean here? Like making 100% sure we didn't sign anything forcing us to join? Because I know for a fact (I researched this house VERY thoroughly before we bought it) that joining this was optional.

HOAs can be explicitly stated within the deed of your house. IE: if it says in your deed that it is required then you are screwed, I would imagine there is a chance you didn't peruse the deed for this since most people don't understand that is where the basis for requiring owenrs to join is. That is the only place a mandatory HOA would be defined is.