Anyone with Road Maintenance/HOA power tripping neighbors?

[orezok]

I have a friend that lived in a HOA creates by a large developer (1,000+ homes at buildout) They built the first phase just before the housing crash. Since they owned a larger number of lots than the number that was sold, they basically were the HOA. Carrying costs were killing them so they started making up new rules with exhorbitant fines such as leave your empty trash can out over night or park your car in your drive etc. and get a $250 fine.

It got so bad that my friend ended up being the only occupied house on his block as no one would purchase a house in the sub division. All the rest the people just walked away from their properties.

Yes and the city is currently suing the developer.

 

[VABen]

This is supposed to be a country HOA, however there is a dominant population of yuppie retirees and general old folks that moved out to the country 20 years ago. All they want to do is complain about how nothing is getting done and that the road is falling apart (its much better than a majority of roads I travel for work), but they refuse to increase the assessment to keep up with the inflating cost of maintenance. Most of the people in my neighborhood don't own any kind of equipment (some people hire out a lawn service and waste collection) so we are dependent on the very few people that have a remote ability to move snow/clean up overgrowing ditches to volunteer for next to no reimbursement.

The only reason I am inclined to remain involved is to prevent the yuppie crowd from taking over since there HAS to be a minimum of a road maintenance agreement.

 

[OneMan]

Unless you are incorporated with an in house advice attorney and hve monthly meetings and an elected board you don't have a HOA. You have a town meeting. Rules and contracts must be on file I the local county courthouse and approved by the State. If not don't worry unless you accept the job as 'president' because the only one that can be sued is you. Oh and I forgot to mention if you have a HOA bank account and checking any monies deposited and any interest accrued must be entered on someone's SS number for IRS accounting.
Think not true. Then just don't believe and take the position. If you do any work for the HOA make sure you have an individual contract specifying exactly what your duties are and what your fee is and when it is to be submitted for reimbursement. No inc. no attorney no monthly meetings no contract = no HOA.

 

[Rock knocker]

Unless you are incorporated with an in house advice attorney and hve monthly meetings and an elected board you don't have a HOA.Incorporation is not needed, and only an annual meeting is required You have a town meeting. Rules and contracts must be on file I the local county courthouse and approved by the State Kinda true, they must be filed and attached to the property. But there isn't a mechanism in most states to "approve " them. If not don't worry unless you accept the job as 'president' because the only one that can be sued is you Where do you get this information? Even with a HOA, the officers can be sued. And even if there is not an official HOA, there must be demonstrable damages to be sued. Oh and I forgot to mention if you have a HOA bank account and checking any monies deposited and any interest accrued must be entered on someone's SS number for IRS accounting. A EIN or a TIN can be generated separate from any SS number. Do you think that the CEO of GM has to report GM's income on his taxes?
Think not true. Then just don't believe and take the position. If you do any work for the HOA make sure you have an individual contract specifying exactly what your duties are and what your fee is and when it is to be submitted for reimbursement. No inc. no attorney no monthly meetings no contract = no HOA Again false. There are many legal HOA's who only hold annual meetings, and are not incorporated, but which members are fully indemnified

No, no, no.

 

[tractchores]

Unless you are incorporated with an in house advice attorney and hve monthly meetings and an elected board you don't have a HOA. You have a town meeting. Rules and contracts must be on file I the local county courthouse and approved by the State. If not don't worry unless you accept the job as 'president' because the only one that can be sued is you. Oh and I forgot to mention if you have a HOA bank account and checking any monies deposited and any interest accrued must be entered on someone's SS number for IRS accounting.
Think not true. Then just don't believe and take the position. If you do any work for the HOA make sure you have an individual contract specifying exactly what your duties are and what your fee is and when it is to be submitted for reimbursement. No inc. no attorney no monthly meetings no contract = no HOA.

Note that the rules vary widely from state to state and town to town. Ours is just a covenant on everyone's deed with a road easement and a formula for who pays what. One town over they need planning board approval and ongoing approvals, so very different even between towns in the same state.

 

[riptides]

HOA's should have information in the Deeds and Title pages of your documentation on your property in VA.

 

[RobertN]

This... We have a simple road association. Have had folks think our association had more power and could enforce more things. directed them to read their copy of the bylaws..

If you are having a problem with a country subdivision, you might want to dig up the actual recorded covenants and subdivision documents from the register of deeds office. Lots of these subdivisions specify a road maintenance agreement and an association for that, but don't authorize the association to do anything else, like enforce covenants or set rules. However since no one actually reads the recorded documents they assume since they are running the HOA they have the power of covenant enforcement, architectural approval, etc. when they actually don't. You might even find they are doing things on a majority vote that the recorded documents say requires a supermajority or even unanimous vote.