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I have relatives that live in Ocoee Mountain Club in

Customer Question
My name is*****...

My name is***** I have relatives that live in Ocoee Mountain Club in Tennessee. Tennessee currently does not have any statutes covering HOAs. This particular HOA is terrible--picking and choosing who they charge for late dues, what they charge. Current dues are 350 per year, and they do not even have roads completed yet. No amenities, no clubhouse, no pool, no street lights, etc...and they pay a maintenance person $35,000 per year to mow lawns and tell new homeowners they must use him for work on their homes in the name of the HOA. Maintenance person is horrible and not licensed. What if anything can they do? And how enforceable are the dues w/o statutes?

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Submitted: 2 years ago.Category: Real Estate Law
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Answered in 21 minutes by:
1/26/2016
Real Estate Lawyer: Roger, Lawyer replied 2 years ago
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,954
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'm a lawyer licensed in Tennessee. I'll be glad to assist.

Since there currently isn't a HOA statute or act in Tennessee, most HOA's are governed by the Tennessee Nonprofit Corporation Act, Title 48, Chapter 51. But, that doesn't address every issue that arises in a HOA system, and because of that fact, HOA's are simply creatures of contract...and the contract/HOA agreement/bylaws/CC&R's govern the operation of the association.

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Real Estate Lawyer: Roger, Lawyer replied 2 years ago

That said, the dues are collectible if your relatives contracted to pay them......similarly, the HOA is bound to act in accordance with the rules and provide the services outlined in the agreement as well.

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Real Estate Lawyer: Roger, Lawyer replied 2 years ago

If the HOA is not providing what it agreed to make available for the members, then the member/s can sue for breach of contract and for specific performance and ask the court to compel the HOA to act in accordance with the contract.

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Customer reply replied 2 years ago
Obviously they need to hire a lawyer, can you recommend someone near Ocoee, TN?
Real Estate Lawyer: Roger, Lawyer replied 2 years ago

Yes, that'd be the best option for them. They can have a lawyer review their documents and see what their obligations and options are with the HOA that appears to be failing it its obligations.

We can't refer site customers to s particular lawyer, but I can recommend that you visit www.martindale.com and search for an attorney in their town by area of practice.

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Real Estate Lawyer: Roger, Lawyer replied 2 years ago

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting.

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