Thursday, July 31, 2008

Involuntary HOA?: "The Sand Lake Hills Homeowners Association, hereinafter SLH, and a group of property owners who own 57 lots in Section 3, have taken it upon themselves to attempt to remake Sand Lake Hills into something it was never intended to be: a development controlled by a homeowner association which can levy mandatory assessments against all of the owners, even those who don’t want a homeowner association and who don’t want to pay assessments. SLH has stated that membership in the association is not mandatory for current owners. However, they say that even those members who didn’t join will still have to pay."
So say the supporters of this lawsuit. It appears some owners have sued to prevent being assimilated by the Borg. Thanks to Beth Young for the link.


ctg1 said...

I live in this place called Sand Lake Hills. I am a section sixer... As attractive as I think the borg are... I DON'T WANT TO BE BORG!!! so I refuse to fix things around the outside of my house, as I must go to THE BORG and have them grant permission. Be it repairing a broken window, fixing a slate on a fence, or replacing an old item with a new item. A window by any other name, is still but a window. Oh wait, that was a rose... I have lived here since the community was developed. I have my own mind, and I can think, I can read the covenants, the basic rules that were written when we first became a community. I don't want to live in their "want to be perfect" community. If I wanted to live in such a CONTROLLED environment I would have bought into one. Maybe they should get off of their high horses and come back down earth. If they don't like this community, there are plenty of others around. Oh, was it mentioned that a lot of the board members don't even own property in the community.

And then I wonder... I live within my means... I wonder if they do.

SadLakeHills said...

I am also a resident of such neighborhood. It is amazing to what extent a small group of people would go to to force their will upon the majority. We have lived in this neighborhood longer then most of the Board. The reason my family had chosen Sand Lake Hills was because it was not as restrictive as the surrounding neighborhoods.

If you just consider that the neighborhood numbers almost 1000 homes. The board consists of 7 people (2 who reside in the same home); that is 6 households. The meetings average at most 30 people.

We are talking about maybe 20-30 households determining the fate of 1000 households... and if you consider the majority of homeowners do not or will not participate in the HOA, then I would say the evidence is overwhelming... the neighborhood doesn't want such association in existence.

I also noticed ctg1's comment above... it is true that some of the board members do not own property. The president does not own a home, but lives in the neighborhood, and another member does not own a home in the neighborhood and lives in an adjoining neighborhood. I guess when you make the rules, you end up the winner and everyone else the loser.

Kevin Kelley said...

It is surprising to see that this lawsuit is still going on. The HOA has continually acted immaturely. They have refused entrance to their meetings and have continued sending out letters demanding payment or face legal action. They just don't seem to get it. Having talked to many homeowners and numerous of the lawsuit supporters, many who have lived in the neighborhood for years, do not want this association. The funny thing is, legally, they are not the neighborhood's association.

The entire neighborhood of Sand Lake Hills is made up of 12 different subdivisions. Each has the ability to form it's own association and architectural review board. One formed to become a subdivision called "East Bay" while another was "Sand Lake Hills HOA Section 2". It is the latter that claims jurisdiction over the neighboring subdivision, and the analogy of the Borg is on the money. They want to assimilate, or "mandate" every other neighborhood to be like what they believe the neighborhood should be...