Wellington Square HOA II

Mr. Norris it is not about the $50 or any amount of money. 

 As you stated in another post you are new here and you do not know the history. Way back before you moved here there was an attempt to activate the HOA and NOBODY wanted it so it was shelved.  I am very sure that the majority of the people out here still do not want the HOA.

Further, now can a HOA be of any benefit when all the homeowners are not even in it. You have a minimum of 44 homeowners who can do as they please with their property without fear of having a lien placed on it.

THAT is the issue. Not the $50.

Apparently the $50 is an issue for those who are not "IN" and who have complained so that you have had to put their money in a separate account for refund until your "Legal Team" sorts this out.  It's quite okay if those 44+ folks don't pay since they can do as they please.  The other 140+ people do have to worry about a lien on their property if they don't follow the by laws.

 Just what we need here: A legal team!  A HOA where some are "IN" and some are "OUT"  Now that all this is a public record be sure and notify anyone who wants to purchase your home the situation out here and see how fast they run.

If 44 + people do not have to upkeep their property out here then having a HOA is not going to be of any help.

Surely Mr. Norris you cannot be that naive that you cannot see the unfairness or the futility of having a HOA where ALL homeowners do not have to participate. 

I would move but now this HOA situation will have to be disclosed and I am sure the HOA with it's Legal Team will drive away all potential purchasers.

SO YOUR SOLUTION TO THE PROBLEM IS WHAT MR HONESTY? 

DISSOLVE THE HOA AND DO NOTHING AND HOPE THE PROBLEMS GO AWAY?  HOPE THEY DON'T REAR THEIR UGLY HEAD ONE DAY? 

HOPE THAT NO ONES WRECKS AN ATV ON THE 5+ ACRES OF COMMON GROUND THAT WE ARE ALL LIABLE FOR AND SUES US?  

HOPE THAT SOMEONES CHILD DOESN'T FALL IN THE CREEK AND BREAK A LEG AND SUE? 

HOPE THAT THE CITY TAKES CARE OF OUR COMMON AREAS?

HOPE THAT THE TREES IN THOSE COMMON AREAS DON'T FALL ON SOMEONE'S HOUSE? 

HOPE THAT EVERYBODY PLAYS BY THE HONOR SYSTEM AND KEEPS THEIR HOMES UP TO THE STANDARDS THAT YOU AND I DO TO HELP MAINTAIN THEIR NEIGHBOR'S PROPERTY VALUE?

THESE SOLUTIONS ARE IRRESPONSIBLE AND UNACCEPTABLE TO MYSELF AND MANY OTHERS. 

I HAVE SAID BEFORE THAT SECTION C SHOULD BE A PART OF THIS.  I AGREE THAT THE SITUATION IS NOT FAIR.  BUT WE MAY NOT HAVE A CHOICE.  I THINK IT IS OUT OF OUR HANDS.

I CHALLENGE YOU MR HONESTY.  

INSTEAD OF POINTING FINGERS AND SLINGING MUD ON THIS BULLETIN BOARD WHY DON'T YOU TRY AND COME UP WITH A SOLUTION.  A REAL SOULUTION TO THE PROBLEM.  SIMPLY DISSOLVING IN HOPES THAT THE CITY WILL TAKE CARE OF OUR PROBLEM IS NOT AN ANSWER.

Has anyone thought about polling section C to see how they feel about the situation?  I live in section D.  When it was up in the air about my section, some of my neighbors and I agreed that we would still pay the dues even if we didn't have to.  We felt it was the right thing to do to keep up the neighborhood. 

I do have one question about section C.  If they end up not being a part of the HOA, what would the common area that seperates C and D fall under?

THATS NOT A BAD IDEA BUT I HAVE HEARD FROM ENOUGH PEOPLE IN C THAT I DON'T THINK IT WOULD PASS.  WE ACTUALLY DID HAVE 7 VOTES FROM SECTION C TO KEEP THE ASSOCIATION WHEN WE VOTED LAST TIME.  ALSO, FROM WHAT WE HAVE BEEN TOLD IN LEGAL ADVICE IT WOULD HAVE TO BE 100% UNANIMOUS FOR THEM TO BECOME A PART OF THE HOA.  IF THEY ARE NOT IN NOW WE PROBABLY WILL NOT GET THEM IN.

WE CAN'T ANSWER THIS QUESTION JUST YET.  THE COMMON AREAS AND WHO IS RESPONSIBLE FOR THEM IS SOMETHING WE ARE SPECIFICALLY LOOKING INTO WITH OUR LAWYERS.  AS SOON AS WE CAN ANSWER THIS WE WILL.