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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: 7267
Loc: Murfreesboro, TN

content Online
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: 8979
Loc: Murfreesboro, TN

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I need to go to a county auction.... Dang $100 for two lots?
_________________________
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“There are hunters and there are victims. By your discipline, cunning, obedience and alertness, you will decide if you are a hunter or a victim.”
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#3139102 - 01/25/13 02:34 PM Re: HOA/Fees [Re: Hangnail]
waynesworld
8 Point


Registered: 05/13/12
Posts: 1474
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: 1884
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: 6817
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: 9546
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: 7267
Loc: Murfreesboro, TN

content Online
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

Offline
 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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