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re: Homeowners Face Foreclosure After Developer-Run HOA Raised Monthly Fees to $2.5K
Posted on 11/2/26 at 1:43 pm to AwgustaDawg
Posted on 11/2/26 at 1:43 pm to AwgustaDawg
quote:
In a developer controlled HOA they are one and the same
They should be separate legal entities and are in most cases. This case is kinda odd though.
Posted on 11/2/26 at 1:44 pm to AwgustaDawg
quote:
Google.....
We just had a HOA meeting in our neighborhood with a developer controlled HOA that will become owner controlled in the next 12 months or so. The developer suggested that the owners consider disbanding the HOA once they are done and provided the data from multiple surveys of owners in HOA communities, developer and owner controlled, and the trend toward re-sells in HOA communities seriously lagging re-sells in non HOA communities nationwide. If I can find the information from them I will upload it but it is a pretty widely known fact that is a google search away from confirming...more and more people are seriously unhappy with their HOAs and HOA communities are not as easy to sell as they once were. They still lead sales because almost all new homes built in the US are built in developer controlled HOA communities....its re-sells where the problem arises because the current owner does not have the marketing budget nor the banking industry ties and incentives to sell that developers have.
The only citation I can find is a Facebook post which cites another post which finally cites a survey, which is this one: LINK
The 14% number is the percentage of all people who would actively prefer live in an HOA neighborhood, with 11% having no preference, and 13% being unsure, with 61% actively wanting to avoid HOA neighborhoods. However, only 1/5 of the population lives in an HOA neighborhood. If you break it out into only people who already live in an HOA neighborhood, 35% prefer it, 11% have no preference, and 4% are unsure. 49% of people living in HOA neighborhoods would prefer live in a non-HOA neighborhood.
While that's obviously substantial and an indictment on how shitty many HOAs are, that's hardly overwhelming.
This post was edited on 11/2/26 at 1:45 pm
Posted on 11/2/26 at 1:46 pm to BrianKellysbuyout
The crazy thing is that while some states allow HOA to start foreclosire hearings. It costs the community to pay the lawyer fees for each one. It’s a huge problem. Smart HOA don’t do this unless it’s a few houses maybe that are empty already.
Posted on 11/2/26 at 1:47 pm to AwgustaDawg
Didn't Lehto on the law YouTube have an update on this? I didn't watch the initial one. He said the HOA sent him a statement that the HOA released to the media. The HOA won the initial lawsuits against it but countersued. That's what this assessment is supposed to cover. I don't even know what either was sued for.
Posted on 11/2/26 at 1:48 pm to Jim Rockford
quote:
Selling isn’t a real option. The developer’s restrictions and control make it nearly impossible to sell to anyone but him, and only at a loss. He has publicly stated: “I will own all these homes.”
In one example, during the discovery process, it was disclosed that in 2023 a homeowner repainted her house the same color the CCR rules already allow; since this information was made public, she has been fined $100 a day, now up to $27,000, and pushed toward foreclosure. In this case, the HOA President took on the role of Declarant. This is part of what makes this case so alarming: ordinary homeowners can be put at risk of losing everything over disputes that should never have escalated this far.
This developer needs an arse whoopin.
He's screwing himself on future sales though. Nobody is ever going to buy into any of his homes/HOA's again after this is all public knowledge now.
Posted on 11/2/26 at 1:50 pm to Joshjrn
Now, to clarify: I am aware of HOA horror stories. I would rather live in a neighborhood with no HOA than one with an HOA that has too much power and control. But I would rather live in a neighborhood with a relatively weak, reasonable HOA than a neighborhood without one at all.
Posted on 11/2/26 at 1:59 pm to TheOcean
There are good and bad with HOAs. This is an example of the bad. If you ever live next door to a hoarder you will see the good.
Posted on 11/2/26 at 2:01 pm to djmed
Sue the frick out of them, a builder should have no ties to the hoa. And how are terrible, power hungry Karen's and kens looking to screw people over
Posted on 11/2/26 at 2:02 pm to Magnus
quote:
developers are slightly above used car salesman...scum
When one of the old neighbors passes on they don’t even wait for the body to get cold before they prey on the heirs.
Posted on 11/2/26 at 2:26 pm to AUstar
quote:
What does an HOA even do that costs them that much?
Depends on the neighborhood. Public landscaping, pool maintenance if you have one, etc.
Neighborhood pools are fricking expensive to maintain.
Posted on 11/2/26 at 3:08 pm to djmed
quote:
Developer-Run HOA
Why would you ever buy a home there? HOA's are bad enough, developer ran HOA's are much worse.
Interesting revenge vote though.
So the homeowners lodged legal claims against the HOA and not the developer itself?
Posted on 11/2/26 at 3:16 pm to boogiewoogie1978
quote:
This sounds very shady and illegal
Well, I found one instance of this developer/company being a bit shady already.
LINK
quote:
STORY HOMES CONSTRUCTION, LLC and Aaron Thomas Guess as Qualifier, Petitioners, v. NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS, Respondent.
quote:
During the hearing, Respondent found: (1) Story Homes engaged in fraud or deceit by failing to disclose the pending investigations by the Board on the license renewal, constituting a willful violation of N.C. Gen. Stat. § 87-(a) (2023); and, (2) Story Homes was grossly negligent, incompetent, and/or engaged in misconduct in allowing its building license to lapse from 1 March 2019 to 10 June 2019, constituting a willful violation of N.C. Gen. Stat. § 87-(a) (2023).
On 25 January 2023, Respondent issued a Final Agency Decision against Story Homes, which included: an eighteen-month suspension, constituting of six months active suspension and twelve months stayed suspension; a monetary fine of $15,000; and a requirement for Story Homes to take and pass the Level 1 Building Code Course.
quote:
Petitioners have failed to show Respondent's final decision was arbitrary or capricious or affected by errors of law. The superior court did not err in affirming Respondent's final decision. The order of the superior court is affirmed. It is so ordered.
Yeah, I bet this guy has a number of issues in the past that will come to light.
Posted on 11/2/26 at 3:16 pm to holmesbr
quote:
The HOA won the initial lawsuits against it but countersued. That's what this assessment is supposed to cover. I don't even know what either was sued for.
Saw somewhere, may have been this thread, that the homeowners sued the HOA because they thoughts the board said that the funds being collected would fund a community pool and new mailboxes. When the board did not deliver, several homeowners filed suit. Many suits were dropped and dismissed; but apparently enough was put out there for the developer and another board member to be successful in defamation suits.
I am really curious as to what kind of pool these homeowners thought they would get when dues were $350/month. Can probably maintain the pool at that rate, not sure you would be able to build one suitable for an 80 home community.
Also wonder if the developed and other board member are passing on their personal legal bills to the individual homeowners they were successful against, or the community as a whole.
Posted on 11/2/26 at 3:18 pm to djmed
Absolute cartel behavior. This Aaron Guess character is running a textbook racketeering scheme disguised as a housing development. How the hell does a developer retain permanent control of an 80-home subdivision long after it's built, exempt his own vacant lots from dues, and then use the "HOA" as a slush fund to finance countersuits against the actual residents? $30,000 a year on top of a mortgage is straight-up extortion to force people out so he can scoop up the rest of the properties for pennies.
If the state attorney general doesn't step in and audit this clown, those homeowners are completely screwed by a rigged legal loophole. Never, ever buy into a developer-controlled HOA.
If the state attorney general doesn't step in and audit this clown, those homeowners are completely screwed by a rigged legal loophole. Never, ever buy into a developer-controlled HOA.
Posted on 11/2/26 at 3:18 pm to djmed
I’m surprised the developer hasn’t found his truck and house burned down yet.
Making people homeless requires extreme measures
Making people homeless requires extreme measures
Posted on 11/2/26 at 3:29 pm to JellyRoll
quote:
Why would you ever buy a home there? HOA's are bad enough, developer ran HOA's are much worse.
Most HOAs are developer run initially until enough homes are sold, then it's transitioned over the the homeowners. The number of sold home required varies by state and locality though.
It's not very clear in this case whether there was a threshold or whether it was met, or if the dev just said "frick you, I keep control" in the CC&Rs. Maybe someone else knows and can chime in.
In any case, always, ALWAYS fully read and understand your CC&Rs before signing on the dotted line.
Posted on 11/2/26 at 3:37 pm to chryso
Have you ever lived in a neighborhood with HOA that had a hoarder?
Posted on 11/2/26 at 3:42 pm to AwgustaDawg
quote:
In a developer controlled HOA they are one and the same. Most communities initially have a developer controlled HOA until the developer is no longer building in the community.
No, its still supposed to be 2 separate legal entities. I used to live in a neighborhood that had a developer controlled HOA at the time. The developer's for-profit LLC was a separate entity from the HOA, even though the same person controlled both.
Funding for the original construction of roads, neighborhood pool, playground, and other amenities came from the developer's LLC funds. Then the costs for upkeep and repairs were expenses of the HOA entity funded by the HOA dues we paid.
This post was edited on 11/2/26 at 3:43 pm
Posted on 11/2/26 at 3:45 pm to djmed
I absolutely love my HOA.
Especially since I'm its President, Vice-President, Treasurer, Secretary, and the entire board.
Especially since I'm its President, Vice-President, Treasurer, Secretary, and the entire board.
Posted on 11/2/26 at 3:48 pm to Weekend Warrior79
quote:
I am really curious as to what kind of pool these homeowners thought they would get when dues were $350/month. Can probably maintain the pool at that rate, not sure you would be able to build one suitable for an 80 home community.
$350 a month x 12 = $4200 a year
$4200 a year x 80 houses = $336,000 a year
You can build a pretty damn nice neighborhood pool for that kind of change. Plus its usually the developer that foots the bill for the original construction of the pool. Developer builds the pool and other neighborhood amenities as a way to market the lots for a higher value and recoups that investment as the lots sell.
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