Hey all,
I have a question regarding the formation of a new HOA based on existing covenants. This would be for a property located in the state of Alabama. To keep it brief i'll just hit the high points.
Had a new home built in the neighborhood in 2006
Roughly 6 months after closing I received a copy of the existing covenants that my developer admittedly had forgotten to include in our closing or negotiations. Not a big deal as they just contained some basic common sense guidelines that 99% of any property owners would follow regardless.
December 2009 developer turns over rights to newly formed HOA. I'm asked, by the developer, to be a board member. I attend the first meeting to hear that dues are a very reasonable $75.00 a year. As the meeting progresses there is talk of some violations that exist dealing with storage sheds. The HOA president feels that written notice should correct the situation but if need be we (HOA) could just load the sheds up and remove them ourselves. At this point I excused myself and requested that my name be removed from the HOA board. For the record, i'm not in violation of any of the covenants, including the shed rule.
When dues came due in 2010, I sent a letter along with my check for the dues. I stated that I had no problem donating my fair share but I wanted nothing to do with the HOA. My check was returned to me with a letter stating that all property owners had to join.
After a few weeks passed I thought the issue was dead but today I received a certified letter stating that if I don't pay in 10 days my property will have a lien placed upon it.
So, I guess i'm asking is this legit or what? Can I be forced to join a corporation that I want no part of and that I feel will land itself in court due to the actions it will proposedly take?
Thanks,
BRB

