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  1. #1
    Join Date
    Mar 2009
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    2

    Default Burden of Proof for Payment of HOA Fees

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

    The original builder of my subdivision has bailed and details of what has actually become of them are sketchy. Anyway the residents never took control of the HOA because we didn't reach the 50% occupancy required in the by-laws. Making the situation worse is the fact that we have a self contained water treatment stem to service only our subdivision. The subdivision is now in receivership and besides increasing fees by 50% they have told us we must each present proof that we have paid all water and HOA fees since we moved in!

    I could probably get the necessary information but going over three years and several checking accounts(some of which probably aren't active anymore) worth of information is a pretty daunting task. The HOA was not affected at all besides a change in who runs it, does the burden to prove i made these payments lie with the homeowners?

    Also while the builder was in limbo we paid fees for work which was never done and had to hire our own contractors out of pocket to get our snow plowed should we be entitled to some refund of previously paid fees?

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