Q: My neighborhood was left out of the HOA somehow and the resident agent won't let us be apart of it
Hello.
So my neighborhood was built in the 80s. My grandmother is the homeowner. We've both been here since 1993. Recently, I decided to seek out help with establishing an HOA because the potholes are getting out of hand, amongst other issues. I found out that our neighborhood plat has us originally listed as part of the neighboring cul-de-sac which has an active HOA. After reaching out to the resident agent of the HOA, I was referred to the property manager, who then referred me back to the resident agent. She reviewed the plats and said we're apart of the same neighborhood as the one with the HOA and "subject to mandatory assessments." Since then, the RA claimed she was reaching out to her "client" for further guidance on how to move forward, but it's been over a month and she claims to not have heard anything. I'm not sure who her client would be, if not the HOA itself. She hasn't responded to my email asking her to follow up with this "client."
A: You describe an interesting issue- assuming the historical documents show an intention to include your mother's property in an HOA regime, but was omitted, can the HOA be compelled to admit her property. This will take any lawyer experienced in this area of title law several hours of research to give you a range of options. If you have met with refusals, it is likely your remedy is in a declaratory judgment action in the Circuit Court where the land is located. You can expect up to 18 months of litigation to resolve questions like this one.
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