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I have owned our property for 20 years and a few years ago…

Customer Question
I have owned our...

I have owned our property for 20 years and a few years ago the group of the neighbors got together to form a HOA and started billing every home $5000.00 to fix the roads I did not want to be apart of this I should be able to fall back on the grandfather clause

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Oklahoma

Lawyer's Assistant: Has any paperwork been filed?

Paperwork on what

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They filed a lien against our home and the roads they fixed are 10times worst then when they started, because several neighbors operate this trucking companies out of their homes and park 20 to 30 semi trucks on their property’s

Submitted: 4 months ago.Category: Real Estate Law
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Customer reply replied 4 months ago
They are trying to charge more now, the repairs on the road according to them was supposed to last at least 10 years but with in the first year it has become worst then what it was you cannot even pull in or out one of my driv ways, we bought this place years before the HOA was formed
Answered in 12 minutes by:
12/3/2017
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,039
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Was there a HOA set up or provided for by the developer in the original neighborhood documents?

.

Or did the other owners just decide on their own to form a HOA?

.

.

thanks

Barrister

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Customer reply replied 4 months ago
Other owners just decided on their own to form aHOA
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Then you can't be forced to join or pay any fees to them. A HOA has to be set up or provided for in the original CCRs of a development that are recorded in the local land records office before lots are sold. If not, then any HOA is voluntary and an owner can't be forced to join.

.

I am not sure under what legal theory the think they can lien your property but you would have the right to sue whoever filed the lien for "slander on title" and get a judge to dissolve any lien and pay your attorney fees in filing the case..

.

.

thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,039
41,039 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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