Legal Question in Real Estate Law in West Virginia

Homeowners Association Problems

First I was informed that we had no ''Homeowners Association'' until our Phase 1 of the development was 80%complete. We have never received any notification from anyone informing us that we have a Homeowners Association,meetings, or had been sent notices of dues. We just received a letter from a Management Company stating it has taking over the management of our ''Homeowners Association'' and that we owe back Fees of over $400.00 dated from 1999 ( closed in 2000). They stated they were calling a meeting in their offices. In the Homeowners Association Handbook it states that the meetings have to be held within out county. This company is not only holding the meeting in another county, it is holding the meeting in another state. Please help me!!

Thanks,

Trisha

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Asked on 3/25/02, 2:11 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Homeowners Association Problems

Associations of this type can be incorporated or not incorporated. The Bylaws of the corporation or the Association Bylaws or agreement control the procedure and powers. If incorporated, then State law may also apply. You must know what the rules and regulations, from whaterver source, are. Next, you must find out if, if fact, you are compelled to be a member. Often, membership, with privileges as well as obligations, are imposed by virtue of taking the deed to the property. If you are a member and you are well versed with the rules, then you should contact your neighbors and band together for the common good. Courts will enforce self regulation.

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Answered on 3/25/02, 8:19 pm


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