CC&R Legal thoughts

[Wade]

Does anyone know where a home owners association's right to force you to pay money for new paved roads stops. I liked my dirt road just fine, and I don't really fell like paying. I'm in Idaho, would appreciate a link to the law on this matter. I found the Idaho laws on non-profit corporations, but it mostly talks about everything else, but this.

 

[Ace Freely]

A good lawyer will tell you that most cc&r's could be tossed out the window 7 years after the subdivison is complete. This is due to the fact that there are so many violations, that the rules are worth the paper they are written on, and that is it. Find, and document all violations, and then move that the cc&r's be disbanded, or modified to fit the majority's needs and wants.


Ace

 

[ddy58]

This is why you should never live in a place with CC&Rs

You never know who will move in and out vote you

 

[milehighassassin]

If you moved into that area and there is an HOA, then yes. In most cases. What kind of money are we talking about here? IF you don't pay they can usually place a lien on your house.

 

[To The Pipe]

Here in MT. the quickest way to lose your property is by messing with the homeowners association. Unless you have a spare million with no place to spend it, you can't hardly find a piece of property without covenants or zoning. New subdivisions can't be developed or even started without a homeowners association framework in place. For instance, we live 10 miles from the grid and 12 from where the road plow stops. You would think we could get out of the $225 road maintenance fee, but we were slapped with a lien because we did not pay for services even though they were not available or provided in our portion of the subdivision. Our attourny told us we had no choice but to pay or lose our property, needless to say, we paid.

 

[mtn_extreme]

Wade,

Read your cc&r contract and see if there is a clause in there that addresses future improvements. Mine does not so they can only enforce what is listed in the covenants.

 

[Kevco]

No offense here fellas. Spend some dough on a "contract" lawyer and save your self some $$s in the long run. The problem with HOAs most of them have a lawyer sitting on the HOA. All good ideas but make sure you have your ducks in a row before you bow your neck to hard.