I recently bought a house in a subdivision and I knew ahead of time there was a yearly HOA fee which I had no problem with. I inquired about the HOA rules and bylaws and was given their Declaration of Restrictions. There is no active HOA - no bylaws, board of directors, members, etc. But we still have to pay this yearly fee to the developer. The DoR has a reference to a yearly assessment which is substantially less than the yearly HOA fee. Can a developer charge an HOA fee without any kind of organized HOA or bylaws?
The answer is found in the declaration. It may be that you agreed to pay a fee to the developer until an HOA is formed. Get thee to a lawyer!
I am only admitted to practice in Florida so my answers in other states are based on 35 years of experience in this field and are not legal advice. This reply does not create the attorney client relationship, which only occurs upon execution of a fee agreement with our firm. Please do not contact us for followup advice on these general observations.
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