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"Zombie HOA" crawls back out of the swamp...

oregano

oregano

So buzz off!
V.I.P Member
(For non-Americans, HOA = Home Owner's Association.)

Some of y'all may remember a couple years ago when out of the blue I got a fat envelope from a group (well, person) claiming to be the HOA for the area where my land is. It seemed dodgy, so I ignored it.

Well, he's back, along with a two page whine about how he hardly got any response to the first letter so he was demanding a $160 per parcel per year fee from all property owners to get them to pay attention. Apparently one of the partners in his accounting firm had been involved in the original surveying and selling of the area in the late 60s, and had been tasked with running the HOA. This person never bothered doing anything with it since nobody lived out here and the owners were so dispersed. Apparently shortly before his 2021 death he handed off the HOA to the letter writer, who then decided to start tightening the screws.

Keep in mind that when I bought this parcel in 2018 nobody mentioned anything about a HOA, so I assumed there wasn't one. It wasn't until 2021 that the HOA emerged from the grave to start pestering the owners. About a dozen households live out here now, living off grid in a way that wasn't possible 50 years ago. I'm not sure how many owners can afford a $160 bill. I just happened to have the money, so I sent this guy a check. I'm not sure if I have any recourse against this guy.
 
Not good at all...

1) You should contact a lawyer to see where you really stand in terms of actual recourse. Yes, it will likely be expensive. But first and foremost you need to verify that it's all legitimate. You can't just take someone's word for it. At least I wouldn't. Maybe the others involved might be willing to pool their resources to pay for such legal representation.

2) Beyond that, if it is legit, expect more trouble in the form of ever- increasing fees. Especially if the land is sold to some corporate property manager who will likely raise such fees even more. California baby! A primary reason why I left and never looked back.

3) Worse still if such fees are actually intended to drive people off so the land can be further developed and repurposed.
 
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One thing to check with a lawyer about is Adverse Posession. In Michigan, if you are occupying land for 5 years with the owner not dispossessed you, you are the new owner of your parcel.
 
oregano said:
(For non-Americans, HOA = Home Owner's Association.)

Some of y'all may remember a couple years ago when out of the blue I got a fat envelope from a group (well, person) claiming to be the HOA for the area where my land is. It seemed dodgy, so I ignored it.

Well, he's back, along with a two page whine about how he hardly got any response to the first letter so he was demanding a $160 per parcel per year fee from all property owners to get them to pay attention. Apparently one of the partners in his accounting firm had been involved in the original surveying and selling of the area in the late 60s, and had been tasked with running the HOA. This person never bothered doing anything with it since nobody lived out here and the owners were so dispersed. Apparently shortly before his 2021 death he handed off the HOA to the letter writer, who then decided to start tightening the screws.

Keep in mind that when I bought this parcel in 2018 nobody mentioned anything about a HOA, so I assumed there wasn't one. It wasn't until 2021 that the HOA emerged from the grave to start pestering the owners. About a dozen households live out here now, living off grid in a way that wasn't possible 50 years ago. I'm not sure how many owners can afford a $160 bill. I just happened to have the money, so I sent this guy a check. I'm not sure if I have any recourse against this guy.
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That is why lawyers exist. There is a legal principle that if you fail to enforce your rights long enough, you lose them: adverse possession and all.

Not notifying you of an HOA could place the liability for any fees squarely on whoever sold the property. Or it could be the responsibility of whoever performed the title search when you purchased it. If the HOA exists and is valid, that should have shown up like a spotlight.

I would have dropped the $160 on the lawyer instead. Sending the money could be construed as conceding their right to bill you. You still need to see a lawyer. I am not a lawyer. Homeowners Associations are generally supposed to be run by home owners.
 
abby normal said:
HOAs are a curse upon humanity.
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European here.

I've read more than enough "Entitled People", Petty Revenge" and "Pro Revenge" stories on Reddit to understand how bad an HOA can be, when people who can't handle power gets a small amount.
But can't it be used for good, if the members of the board are actually decent people who has spare time on their hands, and genuinely want to help their neighbors?

HOAs is not something we have here, so please enlighten me, unless it distracts from OPs concerns ofc.
 
Yup. Nope. I would have asked for the rules of the HOA before paying him. He needed to send a contract showing a fee of 160. I am saying ask him to prove that claim. That the HOA has the clause showing fees due, and the claws to pursue action against you. You could talk to other inhabitants.
 
Hm yeah, I sent the money cause I thought I had no recourse and it would be my word against his, and the guy who supposedly was in charge of the HOA has been dead for two years and thus can't testify.

I bought the property at the county tax sale. The land had been foreclosed on by Siskiyou County due to nonpayment of property taxes, and I bought it out of county foreclosure. I still wasn't told anything about a HOA. As far as I remember there was nothing in the listing about a HOA or HOA fees of any kind.
 
oregano said:
Hm yeah, I sent the money cause I thought I had no recourse and it would be my word against his, and the guy who supposedly was in charge of the HOA has been dead for two years and thus can't testify.

I bought the property at the county tax sale. The land had been foreclosed on by Siskiyou County due to nonpayment of property taxes, and I bought it out of county foreclosure. I still wasn't told anything about a HOA. As far as I remember there was nothing in the listing about a HOA or HOA fees of any kind.
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Have you talked to the other residents?

See a lawyer, preferably one who specializes in real estate. There is nobody here qualified to give advice.
 
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