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Everything posted by susanwilliams

  1. When I closed on my house, the HOA charged me a $150 setup fee. This is not documented anywhere in the CCRs as a requirement and I recently found out that others who bought properties under the same HOA Board Leadership were not charged this fee. Can an HOA Board charge a fee randomly to whoever they choose that purchases a home in their community? There are some shady ATM transactions associated with this HOA Board as well (found out via a records request through my lawyer). Thanks.
  2. Thanks everyone, I appreciate all the advice.
  3. $25k a year (incoming HOA dues) but I think there is currently around $40k in the bank account. No full account has been done recently.
  4. We speculate she was hoping a homeowner wouldn't volunteer for the President position and she was hoping Property Management would be hired. She is making his work difficult in order to get him to resign so she can continue with her own agenda. Her excuses are: "There are piles of paper and I haven't organized them yet", "It will be difficult for me to carry them to to the meeting", "I need time to organize and sort them", "I don't think I can find what you need". We are aware the previous President was meticulous and the records were in good order, sorted in sub-folders and easy to sort through. We saw her pull info from her files 6 months ago and witnessed the organization she had put into place. It took her seconds to find whatever was requested.
  5. The basis is that many homeowners are out of compliance on ACC related issues. Our CCRs state that any homeowner can enforce CCRs on another owner and several have threatened lawsuits. He needs to determine who is out of compliance and why. The Secretary has all the ACC records. Since he is President, doesn't he have the right to access the records? Thanks.
  6. My husband recently was elected HOA President. He wants to review neighborhood records and has asked the former president for them (she used to keep all records at her home). She said the records were given to the Secretary of the Board and that's where they belong. He asked the Secretary and she refuses to give him any access to them. How should he demand the records? He was legally elected with more than half the neighborhood's votes. Thanks.
  7. Thank you adjusterjack. Have a good weekend.
  8. Hi, we have an upcoming HOA Board Meeting scheduled where my husband (recently got married so he's not on the title now) wants to run for an open Director position. Our Board President says he can run as long as she receives a copy of our Title (with his name on it) before the meeting. We have created a Quit Claim Deed to add him (per our Mortgage Company's instructions) and have notarized and filed it with the County. She says this isn't good enough and is insisting on a copy of the title. Legally, does the Quit Claim Deed satisfy the ownership requirement to run for an HOA Board position? Our CCRs say you must be an owner. Thanks.
  9. "No building lot may be further subdivided, nor may any easement or other interest therein, unless such subdivision complies with all applicable laws." is word for word accurate in the CC&Rs. The County said it would help to have our HOA Board agree to the subdivide in case there is anyone protesting at the hearing. So we asked and they came back requesting our surveyed subdivision plan ($2500 is the Engineering cost for that). We did provide a geographical layout showing the borders of the proposed split. They also wanted a completed ACC plan with a house and outbuildings and it seemed as if they treated it like an ACC request. They referred to this information being "complying with all applicable laws". We aren't up for spending thousands of dollars in case the request isn't supported by them and we have no idea what house plan we will pick. Subdividing is taking up to 6 months in Idaho now and the total cost will be $15k+. Thanks.
  10. My husband isn't on our house's title but I live in a community property state. Can he run for being on our HOA Board? Our CCRs say nothing about being on a title is a requirement. Thanks.
  11. I'm trying to interpret wording in our CCRs and was hoping for assistance, it says: No building lot may be further subdivided, nor may any easement or other interest therein, unless such subdivision complies with all applicable laws. Does this mean I can subdivide as long as I comply with my County's laws? This is part of the application process for the County based on what I've heard from them. Thanks.
  12. I wish that moving was an easy effort but it is significant. It's not financially feasible for my family in the immediate future. This is the fourth HOA I've bought a house in and what I've experienced here is not normal. Thanks to contributors on this forum, we've been able to change this from an HOA Board who were making weekly very questionable ATM withdrawals for years and then a Property Mgmt Company who stole from us, to removal of that Board and that Property Management company in the last 12 months. We still have a way to go making things better but it's come a long way. Plus we have helped the majority of the neighborhood who are good people and don't deserve what they ended up with. Thanks.
  13. Yes, agreed. Right now our HOA is sitting on a big reserve so they have the money to do so. Buying it fixes the issue of whose land it is and who should maintain it. Thanks.
  14. I'm posting here again to see if anyone else has feedback. The supposed "common areas" are private land. A group of homeowners has decided to not pay for this mowing since it's paying for mowing a neighbor's private property and the HOA isn't mowing ours. We feel that the HOA should buy that land and make it common area if they want to charge all homeowners to mow it. Any other thoughts on this?
  15. I am considering subdividing 1/2 of my acreage then selling both parcels separately (one has a house on it, which is my primary residence). I've owned this property for 3.5 years. Can I reinvest the proceeds from the land in another property and not have to pay taxes on the gain? I will net approximately 80K on the land that is being subdivided, based on current market rates. I know that I am beyond capital gains on the house (currently valued at 90k over my purchase price) but wasn't sure how it works when splitting the property and selling both pieces separately. Both transactions should occur within a 12 month period but may go into 2020 for the next purchase. Thanks.
  16. The CCRs refer to "common areas as defined in the plat map". There is no other definition. There are two white vinyl fenced areas with benches and two berms that are in the front entry points. The general contractor, who went bankrupt, told us that he had intentions of making those areas formal on the plat but never followed through.
  17. The CCRs say common areas per the plat are to be maintained but there are none on the plat map.
  18. susanwilliams


    The General Contractor who built our development referred to 4 areas of land that were to be "common areas" in the CC&Rs. However he went bankrupt and left before this land could be legally made part of the HOA's legal responsibility. The land is owned by individual homeowners. Our HOA Board is charging us huge fees to mow the 4 areas that total approximately 2 acres of land. Several of us would like to opt out of paying for this cost in our yearly dues since it's private land and the HOA doesn't take care of mowing our lawns. Should we be paying for this if the homeowners won't relinquish their land to the HOA legally? Thanks.
  19. susanwilliams


    Thanks everyone, I appreciate the knowledgeable advice!
  20. susanwilliams


    I travel frequently and wanted to make sure my concerns are heard when it comes to our HOA meetings. I have given my fiance' (who is not on my title) my Power of Attorney. I told our HOA President he would attend meetings on my behalf and provided the POA via email. The President said he can't because he isn't on the title. Wouldn't a Power of Attorney allow him to represent me on HOA matters? Our CCRs say nothing to prohibit it. Thanks.
  21. Thanks for the reply. One of the ways to remove to Board Director per the Bylaws (this person attends the Board Meetings, is a current member of the association and has no conflicts of interest) is a 3/4 affirmative vote of the remaining Directors. However, the Bylaws state that our Board consists of three (3) Directors. If two Directors vote to remove that's not a 3/4 affirmative vote. A Property Mgmt company, who is now been terminated, wrote them and an incompetent Board existed at the time who approved them. There is nothing that says positions can't be reassigned though. The only other way to remove is by a majority vote of the homeowners. Many refuse to show up at meetings and participate. This Board Director has a small group of owners/friends who will show up, meet quorum and keep him on the Board, even though he contributes nothing to the HOA.
  22. The Secretary/Treasurer of our HOA Board doesn't do any financial work or invoicing for our HOA. He ignores emails requiring his input for HOA business and only shows up at meetings to tell others what he wants them to do. The two other Board Directors are fed up with him and have asked for his resignation but he won't go. The President of the HOA is doing all of his duties. Can the President reassign job responsibilities? He wants the Secretary/Treasurer position, since he does all the work. The other Director wants the President position and the current Sec/Treasure could be the VP. If two of the three Directors want this to happen, can it be done? There is nothing in the bylaws or CCRs that says it can't. Thanks.
  23. Her will was created 30 years ago. She listed her husband as her beneficiary and he is now deceased. Thanks for the advice!
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