Homeowner's Association Update: 2/24/08

OK, so we've had a development since the last time I wrote about my concerns with the HOA sending us letters saying we're forced to join.

So I had my lawyer write them a letter stating that they had no right to join nor will there be any type of lien placed on our house by them. Just Friday we got a letter from the head of the thing stating they had met with our lawyer and that they were willing to put in writing that we won't be paying for any roads that they want to maintain in their area.

Basically, they're "promising" that we won't have to pay if they decide to pave their roads. Also, this letter would seem to imply that they can't force us to do jack shit because if they had any legal right they would have just sent a letter from THEIR lawyer stating that we indeed had to join.

So in essence, I think we're free and clear should we not want to join. Anyway, the guy wrote a decent letter to us and said that he really just wanted us to be active members and looks forward to having us be a part of it in the future.

Please look at this like someone (like me) who hates conflict. Should we join as a sign of good faith and just tell them to leave us the hell alone? It's $50 a year only. But I ALSO have a philosophical problems with HOAs in general and don't want to give in just to get them off our backs.

Pretty much, what would everyone else do while trying to save some face at least, because yet again I feel like the asshole in this whole thing.

i would watch joining now. legally it might bind you to something in the future. and good evening Malcolm

Good evening sir.

And yes, that's been my fear. While I don't see us being there for more than two years, I get concerned that while we don't have to pay for the roads, they could find out something else for us to spend money on.

50$ now, but if it jacks up like my condos did, you'll be forced to eat it later.

you're in the clear, stay that way.

TMC -- I gotta say you politely decline. Tell them you'll be part of the community, but don't want to join the HOA. They can still control the color of your house, the plants you put outside, etc. Also, the second you sell the house Im guessing the language they use would put that property in the HOA. So they're just trying to force the next owners to be in the HOA by giving you an out.

HOA's seem terrible to me, you're out of the woods and they won't harass you anymore. Enjoy your victory by painting your house bright pink and planting cacti outside.

daseal, great point. there is a couple that lives behind me. moved out of a community with a homeowners ass. because they were trying to tell them they couldn't put potted plants on their porch. listen up Malcolm, for he speaks the truth

HOAs in theory are actually great ideas. HOAs in application have become crap. Too many people running around on a power trip trying to get their way.

Great. Thanks for the advice guys.

Basically, rather than calling the guy up, I'm just going to send a letter. Here's a rough draft:

"Dear George,

Thank you for your meeting with David. It's been the most positive interaction we've had with the association so far. This whole situation has been off-putting to say the least. So far, I've had someone yell at me over the phone saying I haven't been neighborly by not joining and been receiving letters stating that before selling my house we would have to pay back dues.

The reason we moved into this neighborhood is because my new wife and I found the lack of a mandatory (and we were told 'non active') Homeowner's Association very attractive. It has nothing to do with the money, we just are not interested in being members.

Thank you for your offer and thank you for meeting with David, but we'd like to politely decline."

How does that sound? I want to be as firm, but also as friendly as possible...

that's fine.

Does that $50 cover road paving? Because if it does you're getting a bargain. There are 4 houses in our cul-de-sac and every two years or so the four of us chip in to the tune of $1200 to get our roads paved.

Truth is if I could get a letter from them saying that I can opt out at any time I would strongly consider joining.