I have HOA questions. - updated in replies sort of

[coribelle26]

Small update:

I called the city and they were basically like, well...there are some neighborhoods in the city that have a community paid park like that, but we don't have any way of knowing if you're one of them. What?? She said check our deed for any mention of it. There's definitely nothing on our deed and I told her that, so then she was like, well, ask him for documentation stating what authority he has. So apparently now we have to go to the crazy guy and ask to see proof of his authorit-ay. Good god. I may call the county office to inquire about the deeds in our neighborhood to see if THEY have any idea, because my new suspicion is that there are some lots that carry financial responsibility for the "park" but it's not everyone in the whole sub as he's claiming.

I think I'm going to put an invoice in people's mailbox for maintenance of the oxygen provided by the trees on the easement and see how much money I can make.

[marshmallowmars]

You should check your title policy to see if any HOA/Declaration/Covenants are recorded against the property.  If not, there is no HOA.  The other option would be to check your county records to see if they are available for free online - some are.  Just google your county and "recorder" or "register of deeds". You could see if something was recorded against your property in the time since you purchased. Although it would be pretty difficult to start a neighborhood HOA without any of the neighbors knowing about it, lol.  This guy is clearly a scammer.

[Deleted]

If you find out he's a scammer you should blackmail him for half of the proceeds.

[cleo29]

You would have known when you bought your house if you live in an HOA. Those fees are due yearly from the get go. I would notify the city and if you can, investigate this guy a little. Sounds like a scam to me.

[EmilieMadison]

Oct 1, 2013 10:36:53 GMT -5 coribelle26 said:

Small update:

I called the city and they were basically like, well...there are some neighborhoods in the city that have a community paid park like that, but we don't have any way of knowing if you're one of them. What?? She said check our deed for any mention of it. There's definitely nothing on our deed and I told her that, so then she was like, well, ask him for documentation stating what authority he has. So apparently now we have to go to the crazy guy and ask to see proof of his authorit-ay. Good god. I may call the county office to inquire about the deeds in our neighborhood to see if THEY have any idea, because my new suspicion is that there are some lots that carry financial responsibility for the "park" but it's not everyone in the whole sub as he's claiming.

I think I'm going to put an invoice in people's mailbox for maintenance of the oxygen provided by the trees on the easement and see how much money I can make.

I would send him a letter, saying that you are not aware of a HOA. Tell him that you require proof of the HOA (including yearly expenses, reserves, where these accounts are held, bylaws/covenants, and the minutes from the last 4 meetings, etc) before you will agree to pay any dues. Clearly, if you had any financial obligation to this "HOA", you would have known by now, nearly a decade in. Getting demand letters from someone threatening to file a lien on your property is serious, and getting it on record now that you have no obligation would be my first step. Figuring out what he's doing with all the money would be next. 

[FastHands]

Oct 1, 2013 10:36:53 GMT -5 coribelle26 said:

Small update:

I called the city and they were basically like, well...there are some neighborhoods in the city that have a community paid park like that, but we don't have any way of knowing if you're one of them. What?? She said check our deed for any mention of it. There's definitely nothing on our deed and I told her that, so then she was like, well, ask him for documentation stating what authority he has. So apparently now we have to go to the crazy guy and ask to see proof of his authorit-ay. Good god. I may call the county office to inquire about the deeds in our neighborhood to see if THEY have any idea, because my new suspicion is that there are some lots that carry financial responsibility for the "park" but it's not everyone in the

I wouldn't. He "needs" something from you. You don't need anything from him.

[cleo29]

Sept 30, 2013 16:18:44 GMT -5 coribelle26 said:

Alright I'm going to go through my closing documents to make sure I didn't just glaze over it, but I'm almost completely sure there was nothing. I know our sub has a name, and that was stated in the paperwork, but I don't remember anything about an HOA.

And I'm 100% positive we've never received notice of any meetings or elections in the 6 years we've been here.

You can even try calling the RA who sold the house and ask, they would definitely know.

[leeann]

I would do nothing. I would not pay him, I would not ask him for proof. I would do nothing, just as you did last year, unless you hope to bust his scam wide open. If that is the case, then I would request something from him. Did you try checking your county clerk or other website to see if there is an HOA or a business under this chump's name?

[cleo29]

If you get answers, I would notify the neighbors too.

[coribelle26]

I spent the morning combing through our whole pile of closing documents, and the only thing that even mentioned the park was the appraisal (it said something like "neighborhood lake access point adds value to property," so apparently they didn't look at it very closely, lol).

I wish I knew someone in one of the neighborhoods with a legitimate park to see how they handle the maintenance. I may actually take the dog for a walk a few blocks down later and see if anyone is outside to ask. 3 or 4 blocks north of us one of the streets has a really nice, fenced lake park with a playground and stuff. I feel like they would have their shit together to know how a community owned lot like that is supposed to be run.

My next step is calling the county before we make any contact with the guy. I do like the idea of a letter but I'm not thrilled about him knowing our address as the people who are questioning him and I don't know how else we would get a response if he doesn't know how to find us. If we just go down there and knock on his door he doesn't need to know who we are or where we live.

Home ownership: overrated.

[coribelle26]

Oct 1, 2013 11:03:27 GMT -5 leeann said:

I would do nothing. I would not pay him, I would not ask him for proof. I would do nothing, just as you did last year, unless you hope to bust his scam wide open. If that is the case, then I would request something from him. Did you try checking your county clerk or other website to see if there is an HOA or a business under this chump's name?

Yup, and there's nothing.  (The only thing I found about him on the internet was a review he wrote for the company that did his stamped concrete patio.  He was pleased with their work, lol.)

I don't know that I have a real super-sleuthing mission here but it does piss me off that he may be trying to bully people into giving him money when they don't know any better.

[coribelle26]

cleo29 I didn't think about calling the real estate agent, that's a great idea. 

[Kit]

I was just going to say what cleo29 said. I'd call a local realtor, or the realtor you used to buy the house, if you can still track him/her down. They'd definitely know.

[zelda25]

Oct 1, 2013 11:12:45 GMT -5 coribelle26 said:

I spent the morning combing through our whole pile of closing documents, and the only thing that even mentioned the park was the appraisal (it said something like "neighborhood lake access point adds value to property," so apparently they didn't look at it very closely, lol).

I wish I knew someone in one of the neighborhoods with a legitimate park to see how they handle the maintenance. I may actually take the dog for a walk a few blocks down later and see if anyone is outside to ask. 3 or 4 blocks north of us one of the streets has a really nice, fenced lake park with a playground and stuff. I feel like they would have their shit together to know how a community owned lot like that is supposed to be run.

My next step is calling the county before we make any contact with the guy. I do like the idea of a letter but I'm not thrilled about him knowing our address as the people who are questioning him and I don't know how else we would get a response if he doesn't know how to find us. If we just go down there and knock on his door he doesn't need to know who we are or where we live.

Home ownership: overrated.

I would call the state AG's office, actually. This guy is likely committing (or attempting to commit) fraud, which is exactly the kind of thing the AG's office would be aaaaalllll over.

[WOT?*]

We don't have an HOA (we did at our last house) but we were supposed to have been absorbed by our neighboring HOA when our subdivision was completed. Darn it all but we weren't when the economy tanked and contractors went out of business.

However, the guy across the street is the President of their HOA. Our kids aren't supposed to play on their lots because of insurance reasons, blah blah blah. I do know that the HOA pays a landscaper to come trim the grass on the play area and green space that covers the retention pond (ours are underground, all fancy like that.) Our last HOA paid groundskeepers to maintain all common areas and a pool service to maintain the pool and clubhouse. We made checks payable to the association HOA, not the individual. The HOA is a separate corporate entity, not some random dude.

ETA:  I'm also with zelda25 that you should contact the AG, although I'd probably start with the city or county Prosecutor's office (depending on whether you're within city limits) rather than going directly to state.  He's committing fraud or being otherwise very shady and likely can be prosecuted.  They'd probably investigate because it's much more fun and original than your standard drug bust they have to deal with on the daily.

[chickadee77]

I agree that this sounds like a scam.

I mean, we used to live in a neighborhood with no HOA, but we had a neighborhood sign that had a light and some landscaping. There was a family that paid the power bill every month and did dead plant replacement, etc., and would ask (nicely! No threats!) for money at some point during the year to cover the costs. But we could see what they did to make it nice, so we all chipped in.

Your guy, on the other hand, sounds nutso.

[Deleted]

what a fucking nutbar.

perhaps he's a scammer. he might be a well-intentioned but totally insane asshole too. my friend has one of those in her neighborhood. they have a beautiful park in the backyard that IS supported by an established fund, her husband is president of the fund (it's complicated; it's not an HOA), and there's this wackjob who lives nearby who has declared HIMSELF the president of a fund he totally made up because he doesn't like the trees they've chosen for the park and wants to rip them out and start over. no lie.

this man thinks he's on the side of truth, justice, and the american way. but actually he's just an asshole. and he asks people for money all the time. and sued my friend's husband in small claims court!!!! for stealing his title!!!!

[cleo29]

Oct 1, 2013 11:44:56 GMT -5 cville said:

what a fucking nutbar.

perhaps he's a scammer. he might be a well-intentioned but totally insane asshole too. my friend has one of those in her neighborhood. they have a beautiful park in the backyard that IS supported by an established fund, her husband is president of the fund (it's complicated; it's not an HOA), and there's this wackjob who lives nearby who has declared HIMSELF the president of a fund he totally made up because he doesn't like the trees they've chosen for the park and wants to rip them out and start over. no lie.

this man thinks he's on the side of truth, justice, and the american way. but actually he's just an asshole. and he asks people for money all the time. and sued my friend's husband in small claims court!!!! for stealing his title!!!!

this is a case I would love to see on Judge Judy. She does not suffer fools gladly.

[coribelle26]

How hard is it to just not be a fucking psycho, seriously? I really think that some people are responsible for the park but not all, and probably he has no idea who is who, and it's important to HIM to keep the park up but he doesn't want to pay for it, so he figures throwing out the word lien will get people to pay him.

I emailed our realtor, who actually worked with both us and our friends around the block so hopefully he knows something.

[CurlyQ284]

Oct 1, 2013 11:20:57 GMT -5 zelda25 said:

Oct 1, 2013 11:12:45 GMT -5 coribelle26 said:

I spent the morning combing through our whole pile of closing documents, and the only thing that even mentioned the park was the appraisal (it said something like "neighborhood lake access point adds value to property," so apparently they didn't look at it very closely, lol).

I wish I knew someone in one of the neighborhoods with a legitimate park to see how they handle the maintenance. I may actually take the dog for a walk a few blocks down later and see if anyone is outside to ask. 3 or 4 blocks north of us one of the streets has a really nice, fenced lake park with a playground and stuff. I feel like they would have their shit together to know how a community owned lot like that is supposed to be run.

My next step is calling the county before we make any contact with the guy. I do like the idea of a letter but I'm not thrilled about him knowing our address as the people who are questioning him and I don't know how else we would get a response if he doesn't know how to find us. If we just go down there and knock on his door he doesn't need to know who we are or where we live.

Home ownership: overrated.

I would call the state AG's office, actually. This guy is likely committing (or attempting to commit) fraud, which is exactly the kind of thing the AG's office would be aaaaalllll over.

Are they really though? We had to report something once a long time ago and nothing ever happened with it.

[Deleted]

How old is this guy? Does he have a buzz cut and wear camouflage? Does he have a don't tread on me bumper sticker? How many flags are in front of his house? Are any of them of the old Stars and Bars?

[starlily]

I'd file a police report.

ETA: "Paper terrorism" is a hallmark tactic by Sovereign Citizen nutters. His mention of a lien is a red flag to me, because unfortunately most county recorders will just accept lien documents that conform to what's acceptable WITHOUT actually checking to see if the lien bring recorded is a valid one. And placing fraudulent liens & filing frivolous lawsuits to recover payment or obtain the property itself is pretty typical with these nutters. They don't typically prevail, but the process is still a PITA.

Even if he's not a Sovereign Citizen, it still sounds like good old fashioned extortion.

[zelda25]

Oct 1, 2013 12:01:22 GMT -5 CurlyQ284 said:

Oct 1, 2013 11:20:57 GMT -5 zelda25 said:

I would call the state AG's office, actually. This guy is likely committing (or attempting to commit) fraud, which is exactly the kind of thing the AG's office would be aaaaalllll over.

Are they really though? We had to report something once a long time ago and nothing ever happened with it.

IME, yes. Obviously, some are more on top of things than others and it's on the person filing the complaint to follow up on status, but--yeah--the AG has staff for investigating this kind of thing.

[tulip]

OMG. This guy is scamming the neighborhood, lol

You'd know if you had an HOA, they have to tell you at closing and give you all the info on it. Rules, board info and whatever else. Our first house the HOA was a flat yearly fee of 104.00 paid by Jan 14th.

I'm shocked that people are just paying him, where do you live that no one wants to bitch to the HOA?

[coribelle26]

There IS no HOA! Lol! I am 99.8% sure.

Another tidbit of information I got is that apparently a kindly old man named George used to organize the park maintenance and this other dude took over a few years ago and has been a little more "hands-on" in his approach.

I've never met him but I absolutely picture lots of tributes to Murica on his nicely stamped concrete patio.

[Overthemoon]

We had to sign multiple documents at our closing outlining the HOA and exactly what our obligations were with it. It sounds like its time to hold a neighborhood meeting, get everyone in the same place, and see what the hell is going on with this guy. If he is just trying to take initiative and clean up Cadaver Cove then everyone needs to be on the same page about what is being done and how their money is being handled and spent. If he is a scam artist, then it will be brought to light quickly. I would prepare for the meeting by having cookies and wine on the table, and pitchforks and torches in the closet. just in case.

[BAMFMrsB]

Oct 1, 2013 12:26:28 GMT -5 starlily said:

I'd file a police report.

ETA: "Paper terrorism" is a hallmark tactic by Sovereign Citizen nutters. His mention of a lien is a red flag to me, because unfortunately most county recorders will just accept lien documents that conform to what's acceptable WITHOUT actually checking to see if the lien bring recorded is a valid one. And placing fraudulent liens & filing frivolous lawsuits to recover payment or obtain the property itself is pretty typical with these nutters. They don't typically prevail, but the process is still a PITA.

Even if he's not a Sovereign Citizen, it still sounds like good old fashioned extortion.

And they are total NUTTERS. I'd call the AG and the cops. Throwing out "lien" makes me ^o) the guy. Don't eff with my house. I would totally take this all the way to the AG.