🔎Findings

Notice: The content on this site is for informational purposes only and should not be interpreted as legal advice.

My parent is a 22 year veteran. April 18, 2025

My parent approved of the letter and my parent is a veteran. Also its not just a personal battle, a lot of us were being kept in the dark not knowing if their authority is legit or not since we have busy lives and some of us have families to take care of. They were doing a lot of tactics like a concern form which for all we know is to keep a list of who will rebel in the future once HOA membership is mandatory to target us so they can fine, lien, and foreclose our homes. To me their intentions are not in a good light. Anyway, now they are accusing me of putting them in mailboxes? I want an apology immediately for defamation! Do they know the difference between a Newsletter slot holder vs. the actual mailbox? Ensure to know definitions of certain words before making accusations! Whether they have good intentions or not, their actions speak otherwise and they should investigate the matter before siding with anyone. I do my best to show my intentions by thinking twice how others will view it, though in real time interaction its a bit harder but I will reflect and apoligize when I am able to.

Are there intentions really showing? April 18, 2025

So we are going to spend money on a Front Entrance Beautification Project rather than speed bumps... Shouldn't safety and saving lives be more prioritized than home values? How about valueing lives first?

If the fee becomes mandatory, who will be able to set the fee in the future? April 16, 2025

The dues of this organizaiton shall be $ 100.00 for all members the first year, and thereafter, shall be set by the Board of Directors. - Article Ten of Original Bylaws

Answer: Board of Directors. Sure the members get to vote who will be in the Board of Directors but power may change people pretty quickly. Some of us may have experienced this for ourselves in the workplace. Our intentions are to remove the potential of that happening in the first place as everyone is equal in authority. In a workplace, we can quit and get a new job; in a neighborhood, we cannot just leave our home so easily to find a new one.

With Great Power, Comes Great Responsibility - Someone's uncle

Why the HOA may not be able to enforce the covenants. April 16, 2025

Your Rights as Homeowners: Understanding HOA Rule Enforcement If your HOA is suddenly trying to enforce rules that haven't been acted on in years, you may have strong legal grounds to push back. Here are four key legal concepts that can protect you:

1. Laches "They waited too long." If the HOA knew about violations (like parked campers, trailers, or boats) and didn’t enforce the rules for years, they may have forfeited the right to enforce them now. Courts generally don’t support delayed enforcement that catches people off guard.
2. Waiver "They gave it up." If the HOA regularly ignored similar violations in the neighborhood, it may have essentially waived its right to enforce those restrictions in the future. Consistent inaction speaks volumes.
3. Estoppel "You relied on their silence." If homeowners reasonably believed that certain uses were allowed (because the HOA never objected), and made decisions based on that assumption, the HOA may be legally blocked from enforcing those rules now.
4. Grandfather Clause "You were there before enforcement began." If you've had a camper, trailer, or other restricted item stored outside for years with no complaints, you may be 'grandfathered in' and exempt from new or renewed enforcement actions.

2025 Expected Expenses April 5, 2025

1. The Front Entrance Beautification Project should be for whoever wants to pay for it and should not come out of mandatory dues.

2. Estimated Incidentals/Unknowns can be replaced with by the website, if something does occur then we can donate towards it.

3. Speed Bumps can be in the projects section to fundraise.

The Bare minimum should be what mandatory fees should be for and any extras are donations.

Membership and are Dues Mandatory or Voluntary? April 1, 2025

• "Membership in this organization shall be open to all who are homeowners or property owners and who are current with all dues and assessments charged by the Corporation." That sounds voluntary to become a member of the HOA. It did not say like, "Membership applies to homeowners or property owners in this subdivision."

Now if one conducts themselves to be a member of the organization such as paying dues or signing one of their documents, the by-laws may apply to you like an employee following company policies. Grab a copy of the original by-laws in the Other Resources section in Google Drive.

Covenant Renewal and Termination April 1, 2025

(d) (1) Notwithstanding the limitation provided in subsection (b) of this Code section, covenants restricting lands to certain uses affecting planned subdivisions containing no fewer than 15 individual plots shall automatically be renewed beyond the period provided for in subsection (b) of this Code section unless terminated as provided in this subsection. Each such renewal shall be for an additional 20 year period, and there shall be no limit on the number of times such covenants shall be renewed. (2) To terminate a covenant as provided in paragraph (1) of this subsection, at least 51 percent of the persons owning plots affected by such covenant shall execute a document containing a legal description of the entire area affected by the covenant, a list of the names of all record owners of plots affected by the covenant, and a description of the covenant to be terminated, which may be incorporated by reference to another recorded document. By signing such document, each such person shall verify that he or she is a record owner of property affected by the covenant. Such document shall be recorded in the office of the clerk of the superior court of the county where the land is located no sooner than but within two years prior to the expiration of the initial 20 year period or any subsequent 20 year period. The clerk of the superior court shall index the document under the name of each record owner appearing in the document.

Pointing out the renewal of the covenants, and we have missed the time period where we the people can terminate them.