I and my neighbors received letters from an attorney for the town. It states that we have a HOA and are responsible for maintenance of the flood retention basins. I have lived here for 15 years and this is the first time I have heard of a HOA. Apparently the town has been maintaining (mowing) the basins since the tract was complete (about 10 years). Prior to the town doing it the builder mowed. He also was responsible for snow removal, which the town has taken over.
Request the documents related to the HOA. You can and should also check your Title Commitment paperwork from when you purchased the house and your Deed. These documents should record the existence of a HOA.
Jim Schroeder is licensed to practice law in New Jersey and the District of Columbia. All information provided here is for educational purposes and does not create an attorney client relationship. Q&A on sites like Avvo are not designed to give specific legal advise but to educate legal consumers so they can be better prepared to work with any attorney they choose to retain. Information on this site by Mr. Schroeder is offered to that end.
Send a letter to the attorney asking for a written response setting forth the basis for the claim that there ia a HOA. There should be something recorded. Also ask who owns the flood retention basin. (This sounds more like an assessment district than an HOA situation, but politely demand that the attorney provide you with documentation of his or her claims.)
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