Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

We purchased a home in 2013 and were told there was no HOA.

Customer Question
We are on a small...
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:
Section 3.3
(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.
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 20 minutes by:
9/18/2015
Real Estate Lawyer: Ray, Lawyer replied 2 years ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,400
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. I am Ray and will be the expert helping you today.

Here in South Carolina "abolishing", or correctly stated, "dissolving" the HOA is really a two step process. First step would be to attain the required number of votes, per your CCRs for "termination of HOA". Usually this requires a rather high % of votes, usually 60% and greater. I've heard of some CCRs that require a 100% vote. After this is accomplished, the corp needs to be dissolved. This process must be carried out in accordance with state statutes.

You guys as an HOA here will need a lawyer to help dissolve the HOA. I twill likely have to be transferred to the owners and they have to then agree to dissolve it.If there are any existing rules here for the HOA they must be followed as far as voting.

Here are the current laws.They address HOAs but not the dissolution this would be found in any CCRs or rules of the HOA and would control here.

http://www.scstatehouse.gov/sess119_2011-2012/bills/218.htm

Your HOA is going to need a lawyer as this affects all of you and you may also want to sue the builder here

and title company if this was not disclosed.Also the seller of your house may also be liable as well.

There may have been multiple violations here by the developer and you may be able to sue here for several of them including loss of value since the other homes are out of compliance.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 2 years ago

Lawyer referral for you here..

http://www.lawyers.com/Homeowners-Association-Law/South-Carolina/find-law-firms-by-city/

I am so sorry that you are having to go through all of this.You may decide to sue here and seek some justice and compensation.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 2 years ago

If you can leave a positive rating it is always much appreciated.

Ask Your Own Real Estate Law Question
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,400
43,400 Satisfied Customers
Experience: Texas Attorney for 30 years dealing in real estate

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

43,400 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
How many homeowners does it take for a community of 361
How many homeowners does it take for a community of 361 homes does it take to abolish an HOA for that specific area … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,487 satisfied customers
I have a town home in a hoa. I contacted the hoa in 2014
I have a town home in a hoa. I contacted the hoa in 2014 about a build up of rain water next to my home that has caused some slight foundation movement small interior wall crks it took about a year bu… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,889 satisfied customers
What the heck - is it possible for a homeowner to introduce
What the heck - is it possible for a homeowner to introduce a resolution at an annual meeting. Assume that there is a quorum present and the bylaws allow for a > 50% of votes represented. Can that … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a Florida HOA restrict a homeowner to having only one
Can a Florida HOA restrict a homeowner to having only one type of grass in their yard ? ( St' Augustine) Hillsborough County 33559 … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
HOA in Florida, the HOA budget has been kept artificially
This is for an HOA in Florida, the HOA budget has been kept artificially low for years, some line items such as taxes on the gym have not even been budgeted. Our docs say to raise the budget over 5% w… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
There is a HOA president in our neighborhood that is not
There is a HOA president in our neighborhood that is not working on all of the homeowners behalf, rather she has her own agenda. The original president sold and moved out of the neighborhood and appoi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm about to go into an HOA meeting. The HOA board members
I'm about to go into an HOA meeting. The HOA board members all have a smaller sqft than the rest of the homeowners. The board members want to lower their HOA fees and charge by the sqft. Is this commo… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
An officer of our HOA revealed to other homeowners that I
An officer of our HOA revealed to other homeowners that I still owed an assessment fee at the neighborhood pool. Is this legal for them to discuss with homeowners that are not board members?… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
My HOA was turned over to the homeowners by the developer
My HOA was turned over to the homeowners by the developer Mid May 2017. Elections were held and a majority of the board seats were filled by the representatives of the developer. The developer has sev… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
We have a very small HOA. Some homeowners and renters park
We have a very small HOA. Some homeowners and renters park in guest parking permanently in spite of multiple written notices of violations. It is prohibited in CC&Rs. Tow companies will not tow in our… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
I am a homeowner of a condo in texas, can an hoa association
I am a homeowner of a condo in texas, can an hoa association stop the sale of unit over hoa dues owed, I have under contract now a cash sales fast close, they are trying to forclose, but I have a buye… read more
Ray
Ray
Lawyer
43,400 satisfied customers
My homeowner right is denied by the HOA. What recourse do I
My homeowner right is denied by the HOA. What recourse do I have ? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Can a homeowner of an HOA call a board meeting even though
Can a homeowner of an HOA call a board meeting even though they are not part of the board … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Our Homeowners Association (HOA), Rancho Viejo South (RVS)
Our Homeowners Association (HOA), Rancho Viejo South (RVS) in Santa Fe, NM, was formed under the Nonprofit Corporation Act of New Mexico around 2003. We have just under 600 homes in our HOA with a bud… read more
Ray
Ray
Lawyer
43,400 satisfied customers
C Can a homeowner make a motion at a meeting of the HOA
c Can a homeowner make a motion at a meeting of the HOA Board of Directors? … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am a Homeowner in a HOA community, one of the rules is
I am a Homeowner in a HOA community, one of the rules is that we are not allowed to have our home with a Screened in entrance, we have some homes already with screened in entrance on our HOA area, I h… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,029 satisfied customers
Windsong homeowners --HOA --can you remove a quorum from HOA
Windsong homeowners --HOA --can you remove a quorum from HOA --can you have a vote without a quorum --is this legal what code is this ---also can you tell the homeowner that they have to pay for their… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x