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When we purchased our home as new construction in our new subdivision, we were never notified verbal

When we purchased our home as new construction in our new subdivision, we were never notified verbally or in any of our purchase or closing paperwork anything about an HOA fee or HOA for that matter.  We have lived here almost 9 months and just got an copy of the covenants and HOA documents for the subdivision that all of the houses built here recently have been getting.  We had no idea this was part of the subdivision and it was never disclosed to us.  The developer states that by forming and paying the HOA fees, it will keep our property taxes lower.  Is this true?  What rights do we have as homeowners not knowing about the formation of this HOA when we built the house?  We weren't expecting an extra fee to have to pay monthly or yearly when we purchased this home and feel misled, nor were we expecting to be forced to join an HOA.
  • July 27 2010 - Billings
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Answers (2)

Profile picture for the_country_hick
The developer states that by forming and paying the HOA fees, it will keep our property taxes lower.  Is this true?

NO!!! Being part of a hoa will only increase your costs.

I assume this is a new construction house. The builder did NOT disclose the HOA at all.

I would send a letter back. It would say something like

" Thank you for your offer. I have no plans to join. Please remove me from your mailing list."

I would then consider talking to a real estate lawyer if this is mentioned again.

If they try to make you join something you did not know about when buying it would be a material misrepresentation. That MAY give you legal rights such as undoing the sale contract.
  • July 27 2010
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The rules for HOAs differ from state to state.  Contact a lawyer and find out if you have any standing or not.  Generally speaking you should have had a chance to look them over before making an offer or at least before closing.  That does not necessarily mean you have an out.  The bigger problem is you live there now and unless you sell you are probably stuck with the dues going forward.
  • July 27 2010
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