- Addison Larreau (801) 771-7026 / Melissa (Sectary) (801) 622-5866
- Coggins, Larreau & Lythgue, PC 289 24th St. Suite 150 Ogden, Ut
-- Appointment on 27th of April at 11am.
-- Mike and I met with Addison Larreau, and we were told that we would have to have 100% of 178 homeowners agree to disband and or change CC&R’s (which means 178 notarized statements of agreement signed by the mortgagee). If just one homeowner does not want to disband then we can’t. Also if we did get all 178 homeowners to agree to disband this HOA, and one of the homeowners along 1300 N does not take care of their section of the landscape easement, Clinton city can still and will most likely post notice on the property and place a notice in the newspaper to fix the area within a certain time frame. If not repaired by that time the city will divide the repair cost to all 178 homeowners with a tax lien against each property (to include newspaper notice, cleanup, time /cost incurred by the city, etc).
-- Another option is to go to court and have them decide what the best course of action is. This can be tricky because, again it comes down to how many homeowners want an HOA (and it does not take a high number to sway the court usually). This can also be very expensive, court cost, attorney cost, time from work and family, ect. This is also to disband the HOA and the city still has right of the landscape easement appearance.
-- Another way is to have paperwork from the city to turn over the landscape care to each homeowner who owns a part of the landscape easement, for them to sign and then record it with the county against their deed. Then we will need 100% of 178 homeowners agree to disband (178 notarized statements of agreement). Even if we went this route and one homeowner does not take care of their piece of the park strip a tax lien can be levied against all 178 homeowners as previously stated.
-- Addison Larreau referred us to a Celeste Canning. He said she has a lot more experience with these cases because she has dealt with both city and the developers in establishing HOAs and working with them on legal matters. He thought she would have more knowledge and experience with our situation.
- Celeste Canning (801) 612-9299 / Dawn (Sectary)
- 2590 Washington Blvd. Suite 200
-- Called and left a message to call me back.
-- Returned our call. Set up an appointment for 6 May 2010 @ 3:15pm (The soonest they had open).
-- First 30 Min. free, then $175.00 an hour after that.
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We have an appointment with Celeste Canning to discuss our HOA’s current situation. I will post more information to the blog and depending on what we have to do we will use those who sign up to help if anything needs to be distributed. Once you get this e-mail can you spread this information to your neighbors so they can be more aware and provide input. Also check with the HOA Blog for information, lexingtonhoaboard.blogspot.com Thanks for your patience and help and more to come as soon as we speak to Mrs. Canning.
Respectively,
Lexington Estates Board
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1 comment:
Once we do eliminate the HOA which would also do away with the landscape easement by the way, since that the only place it existsis in the declaration of CCR's and which the HOA is created to maintain. Once the declaration is amended by eliminating the CCR's and HOA Clinton City could only deal with the property owner whose property is in dispute. They would not have a course of action against us all!
Wayneg
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