Our subdivision lost our neighborhood retention pond common area to lax lien/foreclosure years ago without the neighborhood's knowledge until recently. They never maintained that common area anyway, leading to other issues I won't go into here. And the pool common area is still owned by the developer of the neighborhood "in care of" the hoa. The hoa does maintain the pool area. The hoa never sends out a financial report, budget report, minutes from meetings. And when you request them they go unanswered. Are there any legal repercussions for any of this? Can an hoa even exist without owning common areas? Do they have the legal right to collect dues if they don't own common areas?
The homeowners need to consult an attorney.
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