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Updated almost 9 years ago on . Most recent reply

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Michaela G.
  • Investor
  • Atlanta, GA
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What if no HOA has been set up?

Michaela G.
  • Investor
  • Atlanta, GA
Posted

So, we have this really interesting situation:

A partner and I have picked up 6 duplexes in one 'cul-de-sac' (It's really a private drive that feeds all of these duplexes. It turns out that they were never officially subdivided and there's a total of 8 duplexes in this one block and each one owns 1/8th of the total lot. 

The 8th duplex is no problem, because it's on an outer corner and has road frontage on 2 sides. 

But there's a 7th duplex and the owner doesn't want to do anything. there's kudzu crawling around everywhere and already going under his siding. He doesn't want to get together with us. 

We want to spend some money to improve this cul-de-sac, as it hurts all of our property values having big holes in the driveways and no landscaping (just weeds) and kudzu crawling around. 

Is there any way to force him to pay his share of the improvements, since there was never an HOA set up? Can we clean up everything and then put a lien against his property for 1/7th of the outlay?

No, we don't want to go through all of the trouble of setting up an HOA, which is very involved.

Most Popular Reply

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Lynn McGeein
  • Real Estate Agent
  • Virginia Beach, VA
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Lynn McGeein
  • Real Estate Agent
  • Virginia Beach, VA
Replied

If they look at it like a condo development, aren't condos seriously regulated?  And if they deem it a condo, can't you create bylaws, rules and regs, etc., with a 2/3 vote, which you would have?  A good lawyer is likely needed here, especially if you want to pressure him into selling or paying for his portion of the improvements, as I believe a condo can vote on improvements and then require each unit owner to pay their assessed portion.  

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