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#3139063 - 01/25/13 02:11 PM HOA/Fees
1908_Cubbies
4 Point


Registered: 08/10/09
Posts: 318
Loc: Tullahoma, TN

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Does anyone know road assessment fees are legally enforceable by a HOA type body? I recently picked up a couple of vacant lots from a county auction (failure to pay property tax). The lots are small wooded lots on a gravel road and I only paid $100 for both of them. I now have a bill from the community HOA for a little over $200 per lot for a "road assessment" fee. It states that they will put a lien on the property if I don't pay. Should I just tell them to go jump? I never signed anything with them.
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#3139089 - 01/25/13 02:25 PM Re: HOA/Fees [Re: 1908_Cubbies]
Hangnail
12 Point


Registered: 11/30/00
Posts: 7261
Loc: Murfreesboro, TN

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Read your deed. There should be a reference to the HOA in there and that the property is under those convenants along with a book/page number for you to claim your new prize. In a perfect world, you'd have been given a hard copy of those at closing.You don't have to sign anything to be liable for the HOA assessment other than the closing papers.

If it were me, I'd go talk to a couple of homeowners that live on the same road and see if they can answer your questions.

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#3139098 - 01/25/13 02:33 PM Re: HOA/Fees [Re: Hangnail]
Bone Collector
14 Point


Registered: 09/09/09
Posts: 8974
Loc: Murfreesboro, TN

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I need to go to a county auction.... Dang $100 for two lots?
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#3139102 - 01/25/13 02:34 PM Re: HOA/Fees [Re: Hangnail]
waynesworld
8 Point


Registered: 05/13/12
Posts: 1471
Loc: Mboro, Tennessee

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you may be able to get a copy of the HOA docs on the internet I just read through one today actually. And to answer your question on if they are enforceable under civil law but the assessments may not be right because of the state of the lots now.
http://www3.senearthco.com/index.cfm?fus...ey=a067a3756337

That is a link to one of the companies that administrate them if you know your community name it may be there. The one I just read was for blackman farms so if you type black in there you can see an example.

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#3139104 - 01/25/13 02:35 PM Re: HOA/Fees [Re: Bone Collector]
Tenn.Guy
8 Point


Registered: 09/17/07
Posts: 1883
Loc: Tenn

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How would you like to double your money today? \:D
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#3139121 - 01/25/13 02:50 PM Re: HOA/Fees [Re: Tenn.Guy]
Diehard Hunter
CRAMP
12 Point


Registered: 08/01/08
Posts: 6812
Loc: East Tennessee

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Depends on the ownership of the roads. Did you get a copy of the covenants and restrictions? If not, they are on file in the courthouse. If the lots are in a subdivision where the county does not own the roads, you are probably on the hook for the cost. If the county has ownership of the road, you should not have to pay anything, that is what your county taxes are for. My in-laws bought a house in a gated community. the county will not take ownership of the roads because they are gated. what this means for them is they are equally responsible for the upkeep of the roads along with all the other home owners.
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#3139131 - 01/25/13 02:57 PM Re: HOA/Fees [Re: 1908_Cubbies]
TAFKAP
14 Point


Registered: 11/06/09
Posts: 9543
Loc: Memphis

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 Originally Posted By: 1908_Cubbies
Does anyone know road assessment fees are legally enforceable by a HOA type body? I recently picked up a couple of vacant lots from a county auction (failure to pay property tax). The lots are small wooded lots on a gravel road and I only paid $100 for both of them. I now have a bill from the community HOA for a little over $200 per lot for a "road assessment" fee. It states that they will put a lien on the property if I don't pay. Should I just tell them to go jump? I never signed anything with them.


Yes, it is completely legal. At closing, you likely signed a document binding you to the neighborhood covenant. Basically, some PUD developments and other "associations" are set up as "owning" some common property, which may or may not include private roadways. These roadways are outside the juristiction of the county or city, and the HOA is responsible for the upkeep. It's really not a bad deal if all you owe is $200 per lot per year. Otherwise, they'd just make the repairs and assess the bill to all those under their juristiction.

And yes, they are completely within their rights to put a lien on a property. I guarantee you that there is a document with your signature on it that allows them to assess you a fee. If it comes down to it, they are within the legal right to even foreclose on a property.
_________________________
Everything important in life was learned from Mary Jo Kopechne.

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#3139143 - 01/25/13 03:06 PM Re: HOA/Fees [Re: TAFKAP]
1908_Cubbies
4 Point


Registered: 08/10/09
Posts: 318
Loc: Tullahoma, TN

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I bought the land from the county and not a private owner. I didn't have to sign anything other than a form for the deed to be registered at the time of the auction. There really wasn't any closing process.
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#3139154 - 01/25/13 03:11 PM Re: HOA/Fees [Re: 1908_Cubbies]
Hangnail
12 Point


Registered: 11/30/00
Posts: 7261
Loc: Murfreesboro, TN

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I was just going to say that if this was a cash sale, there wouldn't be very much paperwork to be signed. You need to really go over your deed and see if there is any reference to an HOA, deed restrictions or anything that refers to prior encumbrances. There should be a deed reference to the prior deed, so I'd look that up too. There's a paper trail somewhere if an HOA is trying to collect.
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#3139161 - 01/25/13 03:17 PM Re: HOA/Fees [Re: Hangnail]
1908_Cubbies
4 Point


Registered: 08/10/09
Posts: 318
Loc: Tullahoma, TN

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 Originally Posted By: Hangnail
I was just going to say that if this was a cash sale, there wouldn't be very much paperwork to be signed. You need to really go over your deed and see if there is any reference to an HOA, deed restrictions or anything that refers to prior encumbrances. There should be a deed reference to the prior deed, so I'd look that up too. There's a paper trail somewhere if an HOA is trying to collect.


I only receive a quit claim deed and there was nothing about it on there. Would there be more info at the registrars office?

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#3139168 - 01/25/13 03:24 PM Re: HOA/Fees [Re: 1908_Cubbies]
waynesworld
8 Point


Registered: 05/13/12
Posts: 1471
Loc: Mboro, Tennessee

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Did you see if there were any other leins on the deed? you may owe more then you think \:\(
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#3139180 - 01/25/13 03:33 PM Re: HOA/Fees [Re: waynesworld]
1908_Cubbies
4 Point


Registered: 08/10/09
Posts: 318
Loc: Tullahoma, TN

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 Originally Posted By: waynesworld
Did you see if there were any other leins on the deed? you may owe more then you think \:\(


Hush your mouth! :-)

Actually, the judge running the auction stated that everything was sold as free and clear.

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#3139222 - 01/25/13 04:07 PM Re: HOA/Fees [Re: 1908_Cubbies]
Big Ben
10 Point


Registered: 03/08/06
Posts: 3478
Loc: North of Nashville across the ...

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We have the road fee on one of our places. As said they are not mantained by the county. One thing you may check into is if the lots are joined there may be only one fee that covers both lots, that the way the one we are involved with is. Example you buy lot A & B that join only one fee, if you buy lot's A & C two fee's. Reading the covenants that sould be on file at the court house is the best way to check.
We own land on both the private road and county road in the same subdivision. Pay $200 a year for the private sections and none for the county sections.
We have some OOS property owners that don't want to pay and are turned over to a collection agency once it get to a certain amount before putting a legal lien on the land. That way if they don't pay it is on record if they ever try to sell.
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