Home HOA issues

[TerryMiller]

When I get more equity and I find a home that ain’t close to people out here I will move. But then again, if the HOA would run as designed i wouldn’t mind it. I haven’t had any issues besides this and a neighbor calling the sheriff on me for shooting. The HOA president is old so he won’t live forever.

That in bold and underlined is the point of this comment. When working at the OSBI, the initial concealed carry permits were pretty largely older people getting them. A lot of the folks in that department of the OSBI felt the folks would die off before they ever had to renew their permits. They were shocked to no end that not only did so many old folks renew, but more others applied for their initial permits.

There was such a huge influx of applications that folks in other departments were called upon to help out the SDA department. In fact, the department that I was part of shut down completely for about 6 months to help out.

In other words, don't count on the guy dying anytime soon, or even as soon as you think.

 

[Fredkrueger100]

The only things I was given when I moved here was the original protective covenants with amendments and the documents showing the creation of the HOA. No one ever asked me if I had a copy of the rules. I had to ask. And the now presidents wife was the secretary at the time so she knew full well what to give me. If there are other rules that I don’t have then she purposely didn’t give me them. And my friend that moved in about 6 months ago never received any of our covenants or bylaws. They don’t want people knowing the rules so they are able to run the show. I have voted once since living here. The last time was to elect a new president so I didn’t go because I knew who would get elected. In the meeting I went to we voted to raise the HOA dues. We did so by raising our hands after talking about it. I am sure the same thing happened when they voted for the new president. Point is they had a meeting for both and didn’t use ballots to vote even though we are supposed to use ballots when it’s something serious. But all of the sudden we don’t have a meeting to discuss what we are voting on and then use ballots. It is all a set up. I already know what the outcome will be. It will miraculously go from being a tie to one person changing their vote to no. This whole using “secret” ballots is the biggest crock I have ever heard of. Why on earth would we need to vote secretly when it’s by a ballot? All the president has to do is print up another ballot and replace a yes vote with a no. We turn them in to the secretary but I don’t trust them either. It’s very hard for me to believe 6 people voted no the first time.

 

[Fredkrueger100]

Let me start by saying home owners associations are formed for various reasons. Ownership of property for the common good of the members such as A pool, park, greenbelts, gate. Maintenance on a private shared road. Many create covenants that reinforce local codes to reinforce compliance. Some of these covenants are more restrictive. Usually these were all in place prior to the residents buying the property and the were agreed to. I live in one and I knew it. I don’t want my next door neighbor raising pigs or chickens. If I build a small shop, it has to have the same construction requirements the houses do. Brick veneer percentage, roof slope, etc. It keeps the neighbor from bringing in a shipping container.

That said, you don’t want to bankrupt and dissolve the association. But you want it to run the way it was intended. The officers of the association have a duty to operate under guidelines in which it was created. It also has to operate under IRS and State rules, regulations, and statutes.

Most of these are set up as non-profits.

Check the Secretary of State to make sure the entity it is set up as is active. You might get copies of the articles of organization and other filed documents.
There also should be an IRS filing of some sort. Usually a 990. You can aIso search for filings.
Do your homework!
Business meetings are required.
Records have to be kept.
This can get very deep and most organizations do not follow some or all of the requirements.

Again, do your research and be loaded for bear if that is what it takes.

And be careful, you may end up having to run the HOA!

https://www.sos.ok.gov/corp/corpInquiryFind.aspx

I just typed in our subdivision name and found nothing. I also typed in our name with HOA and still nothing. But an addition next to ours came up.

 

[Mad Professor]

I just typed in our subdivision name and found nothing. I also typed in our name with HOA and still nothing. But an addition next to ours came up.

It could be abbreviated. What does your bylaws say. Most are a LLC or Corporation limit liability. And a bank is going to want a tax number.
You can also search by registered agent. Your President may be the RA.

 

[Tanis143]

Does your deed list the HOA? I would be checking to see if the HOA is a legit entity. Also need to find out if its a mandatory or voluntary HOA, they have two different types in Oklahoma.

 

[SMS]

Again, a couple hours of a lawyers time might reveal that this "HOA" is not even a legal entity. If it isn't, I would personally escort the utility onto your property to install their service LOL.

 

[tRidiot]

Move to a non-HOA.

Man, I am sorry to hear you are in this position and having to go through all this stuff. Thankfully, we have a great place here where we can share information and advice - and the BIGGEST lesson I am learning from this situation is that my inclination to avoid a home in an HOA is a good one. I need to be out in the country where I can pretty well do what I please, within reason.

 

[Snattlerake]

I had a farm but had to sell as I do not farm and cannot maintain it any longer. It was too far to keep a real eye on it and it went to family and will be in good hands.

 

[Fredkrueger100]

This is all the documents I received for our HOA.

 

[NightShade]

I would take a copy of that over to the cable company and hand it to them and show them there is already a utility easement. From there it should pretty much be a slam dunk for them as long as said utility will be installed underground.