Why pay?

I think that you are overlooking an important aspect to the HOA.

First and foremost, it is made up of us. The Home Owners. Not MI Homes, Not PSAM. Us.

Secondly, the reason we exist is simple. To protect and hopefully improve the value of the homes within the Woods At Jefferson development. That is why people in the back of the community pay to make the front look better.

What is in it for you? Simple, a higher return on your investment in your home. But better still a place where you want to live and where you are proud to call home.

Must you pay?

Yes.

The existance of this group is to protect and if possible, improve the value of your investment.

I take very seriously the role of the HOA. It is suppose to be US looking out for US. To help make this a better place to live. To build a sense of community as well as to make this a more attractive market for when we sell and move when life takes us.

As for the legal actions, I believe that the officers have a moral obligation to take people who do not pay their dues to small claims court. It is unfair to the those who pay their share of the expenses for this endevior not to collect from the whole.

I am not a lawyer. To my knowledge, a real estate lawyer does not live in this community. If s/he does, please call! But this is a serious matter, which will be decided in court as to the legitimacy of our claim.

Again, we exist to help make this a better place to live and to improve the attractiveness to future buyers. Must you pay? The question we should be asking is why would you not want to be part of something that is made to protect and improve your community and investment.

Reply

Jeff, I have told you and Juli for the past year the validity of your statement. The only possible thing that the HOA could do is cut the front. However!!!!! Juli made a statement in a previous newsletter that stated the HOA is responsible for the upkeep of the front. If you read in deed restrictions before the part that Juli stated, it reads that ''..upon conveyance of any Lot containing a portion of the Easement Areas, the Owners of any such Lot shall maintain in good condition and repair any entry and/or landscaping features constructed upon the Easement Areas and Developer shall have no further obligation or liability to perform such maintenance.'' What the HOA has to understand is the front easements are property of the respective owners along the front. If one of those owners tell you to get off of their land you must! That is trespassing. I my self will not pay to cut somebody elses property. For that matter, I have an easement on my property. So if what you say is true, you must cut my easement.

Second. Why are you even worried about trying to enforce deed restrictions. When I had a meeting with you I told you the power the HOA has in regards to enforcing these, NONE! The City has these as laws on the books. It's the cities job to enforce them. This is a 3rd degree misdemeanor. Why would you try to enforce in small claims court what the city can prosecute for? That is a waste of HOA dollars! I have tried to work with you guys for the past year but you have ignored my advice.
Let me review this so we are clear on the letter.
1. We are paying to cut property that does not belong to us.
2. You want to enforce codes that are already enforced by the city to whom you pay taxes to enforce.
Taking those 2 things away, the HOA has nothing else to do. We are wasting dollars left and right!!!!! I tried to tell you that last May. You didn't listen then and I guess you still aren't listening.

Landscaping and Small Claims

As you should be familar, we asked the homeowners if they wanted us to maintain the front area. We never said (or at least we shouldn't have) that we had the responsiblity, but we do it because we don't want it to look like the Crawford Farm's frontage a week or so ago. We want it to be consistant!

As such, we voted as a community on this matter, it was published in the newsletter that we were going to be discussing this matter and the homeowners agreed to maintain the front. So we are doing it because that is what the community wanted to do.

As to the small claims court, again, your impression of the situation is incorrect. I have never said that we would take people to small claims court for deed restriction violations. I said that we would take the people to small claims court who did not pay their dues. I said that we would it would be left up to the court to decide the enforceability of our claim. And, if it is decided in the home owners association's favor, the filing fees is typically added to the judgement.