Forming A Homeowner's Association (Murfreesboro: homes, legally, garages)

[gbone]

Originally Posted by babygirl523

I can PROMISE you that I didn't sign up for no HOA. If it is the same thing as the Architectural Review Committee then why did they try for a year to form the HOA before they got enough signitures (at least what they say is enough signitures).....I'm not buying it.

babygirl, you may not have signed up for any HOA when you purchased the house. However, the developer/builder may have had provisions in the development plan that an HOA could be formed with 51% of the vote. This should be fairly easy to determine by either reviewing all of your closing documents or going to your closing attorney and ask them where in the closing documents does it indicate that the development has the authority to do this. Also, if they do have legal authority to place a lien on your house this could impact your credit rating if it is not resolved. You might also want to ask the attorney who sent the lien threat to provide you with the written documentation that allows for an HOA to be formed. Good luck.

[mjpanicali]

I'd still like to know the TN code that covers HOA for single family dwellings/neighborhoods. I also have some neighbors that are trying to retroactively form an HOA. Yes, there are covenants, but there was no HOA mentioned in any documents nor was there "common area" defined in the covenants (although there is an entrance and a pond). This is a relatively old development started by someone who probably didn't think it all the way through prior to building roads and selling lots.

[babygirl523]

O.K. Here is what I have found out. If you buy a home that says ANYTHING about covenants, then, if the subdivision gets 51% of the owners to vote YES on a HOA, then you are IN!!! To get back out, you have to get 51% of the homeowners to vote NO on the HOA. I didn't pay the fee and got a lein placed on my property. It never even had to go to court. I only found out because a bankruptcy lawyer sent me a letter and said that he noticed their was a lein on my house and was asking did I need to file bankruptcy. So, I called my mortgage company and spoke with them about it. They IMMEDIATELY paid it out of my escrow account as soon as they found out about it (by the way, I then had to pay an extra $150 fees to get the lein off). YES, it SUCKS and is UN-AMERICAN, but their is nothing I can do. I must now wait until the property values go up and SELL!! I'll NEVER move into another subdivision AGAIN!!!!!!!!!!!!!!!!!! That was a HARD LESSON learned!

[toddwnash]

I live in a 2 yr old neighborhood in West Nashville. Builder never set up HOA, and bank just foreclosed on remaining lots and two houses in neighborhood (about 1/2 of development). So, we are in a bit of limbo as I imagine he will now stop maintaining the common areas (retention pond, fence, common area (strip of grass 1/4 mi long), probably cancelled insurance, etc...

Question: What do we do to set this up? I imagine contact a local small law firm? Anyone have recommendations? We are all a little scared that we are getting in over our heads and definitely need some guidance.

Thanks!!

[rossc]

A friend bought a house in a subdivision that only got about 1/3 finished before the builder went bankrupt. He has HOA dues and there was supposed to a nice pond, pool, community center and kids playground. None of that got built. Most of the owners stopped paying the HOA dues and promptly got letters from a lawyer. From what I understand, the contracts they signed on closing protected the developer and had nothing to the effect that the developer had to provide any specific amenities. Basically all of these land owners are obligated to pay HOA fees to live in this subdivision that looks like a war zone. The streets are not even finished. They are still fighting but the developer has already attached liens on most of the homes for non payment. As you can imagine, most of them want to sell, but at this point, their home values are worth a fraction of what they paid.

When we were home shopping here, my first question was...Are there any community rules. If the answer was yes, we walked.

[DonCorleone]

Originally Posted by toddwnash

I live in a 2 yr old neighborhood in West Nashville. Builder never set up HOA, and bank just foreclosed on remaining lots and two houses in neighborhood (about 1/2 of development). So, we are in a bit of limbo as I imagine he will now stop maintaining the common areas (retention pond, fence, common area (strip of grass 1/4 mi long), probably cancelled insurance, etc...

Question: What do we do to set this up? I imagine contact a local small law firm? Anyone have recommendations? We are all a little scared that we are getting in over our heads and definitely need some guidance.

Thanks!!

I'd call Timmons Property Management ((615) 383-1777) and see what they think. They're the ones that set up and maintain HOAs and they surely could give you some good advice. I've worked with Judy and Matthew there before. Both are good people.

[dafunk10]

Random bump


Does anyone know what (if any) steps are needed to take with the city to begin forming an HOA in Nashville?

[CountryGirl2b=]

Here is a thread from Atlanta about forming an HOA after the fact (after the development has been built)

https://www.city-data.com/forum/atlan...d-but-one.html

I think it is hard to do unless EVERYONE in the development wants do do it. Then you need to get people to pay dues and hire a property management company to oversee it.

What are you hoping to achieve?

I have to say that I live with TWO HOAs and neither is overly affective.

[dafunk10]

thanks for the link!

it's a small number of people, and I think most (if not all) would be for it....basically the goal is to pool money to make long-term improvements and general maintenance for shared space and decor (all units are in the same design, and will need exterior paint soon)....the specific uses of the funds haven't been determined or discussed, but the hope is that the verbiage on that would be decided and agreed upon by all


would rather not go through a prop management company since it is so few people, but I understand the need for it

[CountryGirl2b=]

Maybe you could just call yourself a 'coop' . . . and not deal with the management company. I mean, it makes sense to all go in together to get better prices on home improvement. Odd that with shared space there IS no HOA. Was there ever? That stuff has to be filed with the county. Maybe there was and somewhere along the line it was voted to dissolve it.

With limited power (like not telling people what color their outside Christmas lights can be) it might not be such a big deal as an HOA. More like a neighborhood association of sorts? I have a friend who lives in an area with a very low key HOA. I'll ask her how it works . . .