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Norminn Norminn is offline
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Default proposed HOA formation

SteveBell wrote:

SteveBell wrote:



One of my neighbors came by the other day and asked that I sign a
Christmas card and chip in for a gift card for another neighbor,
Mike. It turns out that Mike is the guy who's been mowing the big
right of way around the entrance to our subdivision. I just assumed
it was the city. Nope, it's Mike, and he's been doing it for free
for more than two years. I was happy to kick in a few bucks.
Thanks, Mike!

While she was here, she casually mentioned that "some of us" were
trying to set up an "unofficial HOA" that would ask people to
voluntarily donate a suggested amount to do things like decorating
around the entrance. I'm generally opposed to HOAs, so I just
ignored that and gave her some cash for Mike.

If someone asks me to help plant shrubs, I'll be glad to
participate, but I'm not going to support setting up an HOA. About
what do I need to worry here?

* I assume they can't impose an HOA after the fact unless we agree.
Am I right?
* What if 75% of the homeowners agree to the HOA?

It's unlikely this will ever get past the talking stage, but if
nothing else, it's an interesting question. I'll go talk to my
lawyer if it becomes a reality.

In your opinion, what's likely to occur, and what can I do about it.



Who owns the land in question?



The city owns the land. The existing two-lane road was originally a
farm road, but there's room set aside for a median and more lanes on
our side. That's the part Mike's maintaining.



Does the city not mow rights-of-way?



They do, but only a few times a year.



I would be very cool to any agreement to do anything to land that I
did not own. If Mike mows for a few more years, mebbe he will own
it? Any agreement/contract to do anything can lead to lawyers. I
certainly would not plant anything......the day someone hits a gas
line or a cable will be the day appreciation is forgotten.



That's a good point. I don't mind if I plant some bushes and lose the
money and effort, but I'd hate to have to pay the cable company to
repair a cut line. I cut my own cable once, long ago, and they charged
almost $100 for a simple splice. Luckily I now know how to do
waterproof splices. ;-)



And if you go away on vacation, the bushes get overgrown, someone pulls
out of the subdivision
because they (didn't look or didn't see or whatever scheme one desires)
and is killed, who are
the survivors going to come after? You planted stuff on city right of
way, city gets sued, and
then............

Better for the whole gang to call the township or city and complain.
Call it a hazard. I would not
mess with someone else's property. Period. I also have had a number of
very cordial relationships
in condo life that turned ice cold when benefits of friendship were
exhausted.