homeowners association

[hotrodmarlin]

Here's the deal- There are approx 40 houses in our neighborhood. We have 2 miles of asphalt private road. Homeowners dues are voluntary and only $120 per year. Problem is that only 15 of us pay our dues and the roads are falling apart. The bylaws were written in the 80's and can't be changed.
Is there anything we can do to get the non payers to pay up?

[Go Dawgs!]

I don't know about NC, but in GA road repairs are made with tax payer dollars earmarked by the federal government (this is of course for public roads). You might be better off trying to get the local neighbor governance to turn responsibility over to the state government. I hope you are friends with the association president. . . Best of luck!

-Clayton

Edit: If you have enough voting members in favor then why can't the bylaws be amended?

[tunatamer4]

In our community, the bylaws were also written about the same time. Just recently,(within the past two years)we held a general meeting of the homeowners and voted on whether or not to ratify the outdated rules and address some of the concerns of the community.

We had a problem with rental properties becoming an issue in our development which by law is an actual businessand is not allowed in here. Also the issue of FOR SALE signs littering the neighborhood, speeding, parking, things of that nature.

The changes were agreed upon and a new copy was looked over by an attorney just to make sure all the T's were crossed, and I's were dotted.

When ratified, a new copy ws sent to all homeowners via CERTIFIED MAIL, to prove by signature it was recieved.

It really wasn't hard but you seem to want hit people in their pockets, which may be a little more difficult for you,since you seem to be in the minority. I'd get the board to go to an attorney to see what they say.

Best of luck to ya.

[WAHOONBOX]

I ATTENDED TWO HOMEOWNER MEETING ONCE WE MOVED INTO THE STALAG 13 COMPOUND....TWO MEETINGS WAS ALL IT TOOK FOR ME TO SAY TO HELL WITH THIS MALARKY........ATTY'S...COMMITTEES....STUPIDLY ...I VOLUNTEERED FOR A COMMITTEE AND RESIGNED WITH 3 MINUTES

GO AHEAD AND VOTE FOR US ...SEND US OUR BILL.....I AIN'T GOT TIME FOR FOR THE SILLINESS OF THIS TYPE OF MEETING

[Talbot29]

That's why I live where there is no home owners association.

[ejstenger]

Home Owner Assn.'s usually SUCK as some of the rstrictions will keep you from doing things that you would normally do in a normal neighborhood. Here in Peachtree City we have at least one that has a covenant that "NO TRUCKS" allowed is listed. That puts me out as that is all I have. The folks that built the first storrage facility had an Ordinance written in the city that puts your Boat right in the middle of your back yard, 10 feet inside the side boundary and 20 feet inside the rear boundary, so if you and your neighbor both own boats they are 40 feet apart, STUPID!!! No boat parking in the driveway either. Have a nice day!!!

[scotishfisherman]

You won't be able to force anyone into the group already involved as this would have to be disclosed prior to someone buying a home in the neighborhood. My own involvement here in our little piece of heaven on earth has sucked! I've held people apart from one another at meetings so that those in attendance were not witness to murder! Get out while you can!

[trollman]

what do the annual "dues" have to do with the asphalt roads? has this money been used in the past to pay for roads or other improvements, or for partying etc.?

the key is in the bylaws and the state or city or county law that authorizes them. they must say something about how to amend them or how to raise funds for capital improvements, repairs etc.

you got a copy of them?

[hotrodmarlin]

what do the annual "dues" have to do with the asphalt roads? has this money been used in the past to pay for roads or other improvements, or for partying etc.?

the key is in the bylaws and the state or city or county law that authorizes them. they must say something about how to amend them or how to raise funds for capital improvements, repairs etc.

you got a copy of them?

Yeah I've got a copy and they've been shown to an attorney and he said legally there's nothing we can do.

Yes the dues are only for the road repairs and improvements.

It would cost us around $150k to bring the roads to state dot requirements for them to take over so we are stuck with what we've got.

I just joined the board of the association and we're trying to figure out how to get the others to pay. Since the dues are voluntary we have no recourse and to change the bylaws would take 100% of the property owners to sign off. We are planning on going door to door to collect but there's got to be some kind of legal "trick" we can pull to change the situation. Maybe I'm just dreaming...

[gradywhite273]

will your township/boro/town etc, accept dedication of the street ????