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HOA-owned property to sell, can force buyer to be members?
Posted on 7/8/22 at 12:01 pm
Posted on 7/8/22 at 12:01 pm
Crappy title, but it's kind of complicated.
Scenario- HOA owns a single lot of land in the neighborhood that was never developed. HOA wants to sell it. Currently, the HOA membership is non-mandatory in the subdivision. Basically, if you want to use the pool, you join the HOA. Is there any way to make sure any buyer of this land is forced to pay HOA dues? Something we can put on title prior to selling it? Located in Georgia.
Scenario- HOA owns a single lot of land in the neighborhood that was never developed. HOA wants to sell it. Currently, the HOA membership is non-mandatory in the subdivision. Basically, if you want to use the pool, you join the HOA. Is there any way to make sure any buyer of this land is forced to pay HOA dues? Something we can put on title prior to selling it? Located in Georgia.
Posted on 7/8/22 at 12:16 pm to deeprig9
quote:
Currently, the HOA membership is non-mandatory in the subdivision.
Is the HOA prepared to change this stipulation? If not, then how would you (legally) force the purchaser of the land to join, if no one else has to?
Posted on 7/8/22 at 12:18 pm to deeprig9
Yes. Put deed restrictions on it before selling it.
Posted on 7/8/22 at 12:26 pm to deeprig9
What if he sells it in a year does the next owner have to join?
Posted on 7/8/22 at 12:26 pm to lsu13lsu
quote:
Yes. Put deed restrictions on it before selling it.
Educate me! Or does that cost money?
Posted on 7/8/22 at 1:05 pm to deeprig9
This is a bad idea.
I'm fine with mandatory HOA membership for everyone... but to have it for one lot but no others is a recipe for a lot of strife in the hood.
Technically you could try to go back to the original platting and amend that to give the deed restriction to that lot. Not sure if GA law would allow you to amend that.
I'm fine with mandatory HOA membership for everyone... but to have it for one lot but no others is a recipe for a lot of strife in the hood.
Technically you could try to go back to the original platting and amend that to give the deed restriction to that lot. Not sure if GA law would allow you to amend that.
Posted on 7/8/22 at 1:17 pm to LSUFanHouston
quote:
Technically you could try to go back to the original platting and amend that to give the deed restriction to that lot. Not sure if GA law would allow you to amend that.
In Georgia that is not allowed without 100% agreement from all 173 houses, which would never happen. One single holdout is all it would take to shitcan the whole effort.
Posted on 7/8/22 at 1:40 pm to deeprig9
You will want an attorney to do it. See if there is a title attorney in the neighborhood that’ll do it.
Posted on 7/8/22 at 2:24 pm to deeprig9
Is HOA so hard up for operating funds they need to stick it to this one new owner? Is a single additional contributor really gonna make a big difference? Maybe HOA ought to focus on creating a better value proposition to get more participation instead of conniving to force a single potentially unwilling party to participate.
Posted on 7/8/22 at 2:31 pm to deeprig9
Why would this buyer be subject to rules no one else in the community is?
Posted on 7/8/22 at 3:26 pm to deeprig9
Sounds terribly unfair
Why should that buyer be treated worse than the rest of the neighborhood? Do the HOA board members have a fair explanation?
Why should that buyer be treated worse than the rest of the neighborhood? Do the HOA board members have a fair explanation?
Posted on 7/8/22 at 5:57 pm to deeprig9
Wow youre "that guy"
Posted on 7/8/22 at 6:28 pm to deeprig9
quote:
the HOA membership is non-mandatory in the subdivision
What’s the point? This should be the plot of a sitcom, or a reality show….what happens when the neighborhood’s a-hole opts out of the HOA?
Posted on 7/8/22 at 9:05 pm to molsusports
quote:
Why should that buyer be treated worse than the rest of the neighborhood? Do the HOA board members have a fair explanation?
The HOA owns the property. They can do as they wish.
The buyer does not have to buy it if they don’t want to follow the restrictions.
Seems pretty fair and straight forward.
Posted on 7/8/22 at 9:21 pm to lsu13lsu
quote:
The HOA owns the property. They can do as they wish.
The buyer does not have to buy it if they don’t want to follow the restrictions.
Seems pretty fair and straight forward
Absolutely.
But that should lower the value of the property. Having owned houses with and without nuisance HOAs (typically run by the last people who should ever have the power to legally harass or fine their neighbors) it would very significantly lower the value of the property IMO.
HOAs make me empathize with the psychopath responsible for the killdozer episode.
For the people who have no idea why this is a major issue? You have been luckier than you realize.
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