We purchased a home in 2013 and were told there was no HOA
. We are on a small cul-de-sac street in the middle of an older established neighborhood, so there is no neighborhood sign, common grounds, pool, park etc. There were lots/land that was across the street and behind our home that was all privately held. However this land was sold nearly a year ago to a developer, separate to the developer that built the 7 original homes on our small street. This new builder was a lower quality builder than the custom homes on our street, though this was not a challenge until we received a registered letter in the mail from this builder saying that 21 homes (our 7 + the 14 homes he built on the open land that was sold to him) was part of a community.
During this initial meeting we were informed that back in 2003 the original builder established an HOA and as he held the majority of lots, held super majority and as 60% of the lots weren’t built, this was never enacted. However at the time of purchase for all 7 homes, none were told 1) of this HOA and 2) that this other land and our 7 homes were a part of a “community”.
This builder has advised we as the homeowners
must take over the HOA as they are not done building. However the majority of homeowners don’t want the HOA and were also told there was no HOA by this latest developer.
1) Do we as the homeowners have to take over the HOA ? The majority do not want it and majority were told there wasn’t one at time of purchase.
2) If we must take over the HOA, and as the builder has acknowledged their knowing of this HOA while building, do we have legal action, per the below in the by-laws that the builder has given us as established in 2003:
(c) The exterior of any structure shall be constructed of first quality material, as approved by the Board. Unless the Board shall determine otherwise, wood siding, cedar shingles and stucco may not exceed 75% of the exposed area.
The new homes they have built are all wood sided, while the original homes are brick.