Q: The lots & trailers in an IN seasonal campground are all owned by individual owners. Is this a Class 3 Recreation or HOA
Is it a Community Association (which, in IN Community Associations are only for transient properties, or non-owners), or an HOA (for owners), or is it considered a Class 3 Recreation (which the Board is now saying) even though all owners pay (HOA) dues. Thank you.
A: There is not enough information to answer your question and it would really need to be reviewed by a lawyer who can check any recorded documents against the property. The definition of a HOA is the duty to pay assessments to an association who has the authority to lien and foreclose on the property for non-payment. There are many factors that could change the status of a HOA, including defects in HOA documents, lack of proper assignments or the Marketable Record Title Act. You will need a personal consultation with a HOA lawyer.
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