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Need Advise

Submitted by brad pearce on Tue, 01/12/2010 - 11:05am.

I purchased some land in a rural area and the land owner/developer added to the sales contract a HOA was to be formed by the people living in that area with a $100 per year fee to maintain the road. There were a total of 4 homes in the area. During the 2.5 years that I lived there, no HOA was formed, there were no meetings and no money was collected. I took it apon myself and also paid others to maintain the road/easement by mowing and purchasing gravel (gravel roads) and filling in holes and grading. When I sold the property (my wife was the realtor) we stated something to the affect that there was no active HOA at that time and no dues owed. It has now been 1.5 years since we moved and we are being asked by the developer to pay the dues from the time we lived there. In my opinion I'm out much more then the dues that they are trying to get me to pay. What is my recourse?


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I work for a HOA here in

Submitted by Getting Things Done on Fri, 01/15/2010 - 2:51pm.

I work for a HOA here in Texas and they are paying me $10.00 to do Manager Duties and dont want to use a title for me just "Office Staff" but Im doing all the work. Im not that knowlegdeable on the By-Laws and Rules of employees working for an HOA but I know what Im doing when It comes down to in office operations and this aint right!!! If someone can give there advise on what I should say or do, Please befor I go Postal!!!! Thanks


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Reply to need advice. If the

Submitted by Anonymous2222 (not verified) on Fri, 01/15/2010 - 3:55pm.

Reply to need advice. If the developer created an HOA, what's it called? If it exists you can research whether or not it's been filed with the State. Ours is located on the website for the Secretary of State's Office. It's my understanding that it's a corporation which in our case has an annual license renewal and it lists the governing members. If it's not been kept current, it's likely it's defaulted and it no longer exists until the members-developer refile with the State. If the latter is the case, I don't believe you owe anything, but just to be safe you may want to hire an attorney with a background in association law for their advice.

You state that there were never any meetings, dues collected, etc. How about annual reports? These are required as part of the corporation and the developer may have some explaining to do for likely failure in performing their fiduciary duties.

Keep all of your records, communications with the developer, etc. for yourself as well as to provide the attorney. See if you can meet with the current residents for their input and background information that may assist you in clearing up what would appear a money grab on the part of the developer.

Good luck!

Dan


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