'There is NOTHING states about an HOA': New homebuyer learns HOA is getting reestablished after moving, gets slapped with a ton of bogus fees, seeks legal action

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Ben Weiss • Writer and Editor
Dec 16, 2024 2:00 PM EST

Imagine buying a home that you think is HOA-free until the lazy former board members decided to resurrect the organization and now, you have to be punished because of it. One would think this timeline is proof that this kind of thing should not be allowed, and yet, it's clearly happening to this Redditor.

This guy spent half a million dollars on a new home for his family and was surprised at first to learn that there was no HOA. He thought it was too good to be true, and it turned out that he was right. After signing all the paperwork and moving into the neighborhood, the Redditor learned that there was an HOA at one point, but due to negligence, it dissolved a few years ago. Now, as fate would have it, they want to resurrect the association. After receiving that news, it did not take long before the HOA started issuing a ton of fines on the Redditor. Talk about a warm welcome!

Keep scrolling below for the full story. For more, check out this post about an HOA president who recently got his comeuppance! 

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    Cheezburger Image 10441565952
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    HOA was dissolved when we first purchased our home but now they want to sue us.
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    Hi, all! Thanks for taking the time to read. If this topic has been answered previously then please ignore it. Do I have a leg to stand on in the battle against my HOA? Overview of situation below.
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    We purchased our home in an affluent neighborhood in Georgia in 2021. It's a SFH, about 6,000 sq ft. When purchasing the home the MLS records stated that the community did NOT have an HOA,
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    which was surprising to us because it's so nice. We purchased the home, moved in, and began renovations. About a month later,
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    we were speaking to a community member down by the neighborhood lake and he mentioned the HOA being reestablished. According to the neighbor, who was on the HOA board, our HOA started in 1999. An
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    HOA is similar to a non-profit organization and in our state, you have to renew HOA organizations every 20 years. Due to negligence from previous HOA presidents and board members, the HOA dissolved in 2019 and wasn't re- established (bylaws, etc) until 2021, AFTER we purchased the home.
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    After thoroughly reviewing my mortgage/home closure paperwork, there is NOTHING stated about a HOA. We have recently received documents from the local sheriff's office the HOA
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    threatening to take us to court for HOA fees and from what I understand the HOA can foreclose on your property if they decide to follow through with litigation.
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    Now I believe in being a part of and supporting my community. I don't mind paying my HOA fees. Honestly, I think they are too low and I would be willing to pay even more for the upkeep of our lovely
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    neighborhood and lake. But what I don't agree with is the yellow-belly things the new board is doing and the ridiculous rules they FORCED upon the neighborhood. I didn't
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    pay over half a million for a home for rules to be forced upon me, especially after buying my home. and there was no HOA. Rules being forced on me feel like a dictatorship or something.
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    Would love some insight into this situation and how/if I should continue fighting, please. Sorry so wordy, thanks for taking the time to read.r discussed amongst the community members. There was no open forum or anything for us
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    to agree on neighborhood rules and regulations. After research, I discovered that the exact, word- for-word, bylaws for our neighborhood are copied and pasted from a townhome community across town from us.
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    Not tailored or modified to fit our neighborhood and amenities at all. We are not townhouses and we have a lake - nothing in the bylaws mentions rules for our lake. There
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    are other bylaws that a lot of residents are upset about also. Our HOA meetings get hectic and fights almost break out because of the horrible board and lack of communication from them to the neighborhood.
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    Would love some insight to this situation and how/if I should continuing fighting, please. Sorry so wordy, thanks for taking the time to read.
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    SirSilk. 1. Talk to a local real estate attorney. (edit: HOA Knowledge Required) 2. Check your deed regarding HOA status. 3. See step 1.
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    WIlf_Brim This is 100% not something randos on Reddit can solve. Need to go to a real estate attorney in Georgia with all the relevant documents and have the sort it out.
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    lifeuncommon HOAs generally aren't dissolved due to negligence. It generally takes a vote of a majority, if not all, homeowners to dissolve.
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    The place to look to see if a HOA exists isn't in a MLS or even your closing docs. It's on your deed.
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    If it's on your deed, it's in effect, even if the board got lazy and stopped functioning for a little while. That means it's "inactive", still in full effect, and will likely be picked back up at any time...complete with back payments being due.
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    NotRolo . If you HOA was truly created in 1999, meaning the covenants were recorded after July 1, 1993, Code Section 44- 5-60 was amended in
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    1993 to include an automatic renewal of covenants after 20 years unless a majority of the owners vote to terminate the covenants.
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    The automatic renewal clause only impacts covenants recorded on or after July 1, 1993, and for associations with 15 or more lots.
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    PolybiusChampion ⚫ HOA Board Member Along with an RE attorney you might also want to contact your title insurance company for some help here. In fact,
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    I'd probably start with your owners title policy company since they are legally obligated to help you sort this out and I'd wager that the lawyer they give this to will be a bit more aggressive than who the HOA has on retainer.
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