Can a subdivision require a monthly fee to owners when no HOA exists and no enforcement of CC&R's is in place?

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My home is in a country club neighborhood, and monthly, I'm required to pay a "deed fee" equal to 1/4 of the club dues since I'm not a club member. When I built, I was told the developer would establish an HOA once the neighborhood was built out. However, this was not done. The club says a property manager has been hired, but no CC&R's are being enforced. Recently, the property manager told me there's no plan for an HOA-- ever-- yet, I'm still required to pay almost $140/mo for country club amenities I'm not allowed to use unless I join the club, and the CC&R's still won't be upheld. My monthly "deed fees" are paid directly to the country club. I were told the "deed fee" was for the upkeep of the CC&R's, however, this is not the case. Surely this can not be legal. Can it?

Attorney Answers

2
Bruce Bain ·
Read the real estate docs you signed when you bought your home. If there is no deed fee then I would go talk to a real estate lawyer. Regardless, you still might want to.
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Benjamin Childs ·
Wondering how they will collect if you don't pay. I would read your deed and the CC&Rs closely and hire a real estate lawyer.
0 upvotes