Results 1 to 2 of 2
  1. #1
    Join Date
    Oct 2020
    Posts
    1

    Default Arkansas Memberships vs Power of Attorney

    My question involves real estate located in the State of: Arkansas

    I purchased a property that included land and a house in an old RV park in Arkansas about a year ago. The actual owner of the park is extremely elderly and the RV park is ran down. The RV park had it's renters/tenants operate off a "Membership Contract". The contract basically was for $50 a month to use the pool, pavilion, dumpster etc. They also charged for water that would be divided by all the people in the park - about $65 a month plus the membership. The new Manager under the elderly owner states that the last manager shredded all documents relating to the contracts etc. And now, the RV park is raising the membership water from $65 to $80 and making the total to $145.00 a month. In their letter, which is not signed and was not properly served, says that if I do not pay this - then they will file a lien on my deeded lot and foreclose on such lien and sell the property at a judicial foreclosure sale.

    So, they do not have any of the original contracts and I do not have a membership contract. Their businesses is a domestic LLC for profit. I am under the assumption that most POA HOA etc were non profits and had members from other houses within the area to make votes changes etc. I know my property is located in this park, but I purchased it for over $100,000 and there was no disclosure of a POA or HOA. What is the difference between a membership and POA if they are not a POA or HOA? Who is to say they can raise the water to $500 a month? I attempted to get my own meter but it was quite expensive to get a water meter ran out to me. What are my options? I do not have a problem of paying $80 if I have to but it is very steep for water considering I pay $20 in another city for my other home. I do not need their trash or the use of the pool either.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Arkansas Memberships vs Power of Attorney

    I attempted to get my own meter but it was quite expensive to get a water meter ran out to me.
    There's your answer. You're using the park's water, you pay the park for it. As long as you and everybody else is being charged $145 per month, there's nothing illegal about it and there doesn't need to be any contracts or membership agreements. You use it, you pay. And there's nothing preventing the park management from raising it to $500 or $1000 per month, at least not until you file a lawsuit to stop it, or have your own meter and water line installed.

    As for the letter. No law requires it to be signed and no law requires any particular way of delivering it to you. You got it. That's what counts. If you want something more official or served by a process server all you need to do to get that is not pay for the water.

    1. Sponsored Links
       

Similar Threads

  1. General Power of Attorney: What Happens to a Power of Attorney if Your Attorney-in-Fact Dies
    By will251989 in forum Estate Planning, Administration and Probate
    Replies: 8
    Last Post: 10-10-2015, 09:55 AM
  2. Health Care Proxy: Can You Change Your Attorney-in-Fact Without Executing a New Power of Attorney
    By concerned1234 in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 01-07-2015, 08:00 PM
  3. General Power of Attorney: Power of Attorney vs. Durable Power of Attorney
    By conky in forum Estate Planning, Administration and Probate
    Replies: 2
    Last Post: 09-11-2013, 01:42 PM
  4. General Power of Attorney: Can the Attorney-in-Fact Also Notarize the Power of Attorney
    By janna257 in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 06-15-2013, 04:56 AM
  5. Creating a Power of Attorney: Can the Current Power of Attorney Transfer His Powers to a New Power of Attorney
    By Mermaidgirl in forum Estate Planning, Administration and Probate
    Replies: 8
    Last Post: 03-04-2012, 04:38 AM
 
 
Sponsored Links

Legal Help, Information and Resources