Them chili dogs I got down to the Creme and Dog hit me all of a sudden and sent me tearing through the house to the outbuilding out back. (Its up close to my house so's it looks like its attached so my neighbors don't decide to take me to court for violating them covenants.)
I grabbed up the first papers I seen cause I had no time to slow down to see what they was. I finished up my bidness real,real quick so I had time to just sit there awhile and read them papers before I uh...'scuse my French..."used them papers" if you know what I mean, Jelly Bean.
Them papers was them Artikles of Incorporation for my subdivision. Lands sakes, everboy should read them. I read and re-read while I was just sitting there so's I got a good handler on the situation.
Them paper says: That the specific purpose that the subdivisions corporation was formed was to build, operate and maintain the recreation facilities in the subdivision. My eyes bugged out so far I almost had to holler at littel Em Jae to come push them back into the sockets, again.
There ain't never been no recreation facilities in my subdivision and I don't reckon I seen any in other subdividers either. Surly, them homeowners folks who formed the corporation had noticed that there were none of them recreation faculties and Helllllloooooo, there is no where to even build them. What were homeowners who set them corporations up thirty years ago thinking to write that in there? I think they must be inhaling too much of that artificial fingernail glue.
That 1975 state law O.S. § 60 852 says that an "owners association" may be formed 1.) to provide management, maintenance, preservation
and control of commonly owned areas (there ain't no common area owned by the HOAs, only the BTMA has common area)
and 2.) to enforce them restrictions (but those Certificates of Dedication/Covenants weren't written so's an HOA can do any enforcing). Whatta mess!
Now back to them Artikles of Incorporations someone put it in there the subdivision can assess in order to pay all expenses, (such as office supplies, taxes and anything at all in connection with them recreational facilities)
Whoa....hold your horsies! Unless you ain't the brightest penny they thowed into the bottom of the pool, it will be real clear to you that if there ain't no recreation facilities in this entire subdivision, then there can't be no money collected. Nope, not one dime can be legally assessed a homeowner and never shoulda been. Someone might consider that fraud if its being done, now that everone is real aware of this. I sure would hate to see the bored get themseves inside a pickle from trying it. And don't you think someun might be rethinking just leaving them liens on properties. Afterall, it was all unlegal and there are laws about knowing the truth but pretending you don't. Don't want them bored members from this year gettin in legal trouble.)
But on another note, I ask you whose hair-brained idear is it to try to breath life into all them HOAs in the
subdivisions and wasting everones time to have meetings if the board
can't assess and can't enforce no
covenants, thanks to the Certificate of Dedication being so poorly
written 30+ years ago! The boreds hands are tied up in knots.
I plan to go back there to sit and ponder more, next chance I get but seems like I can't be in there more than an hour til someone is banging on that door disturbing my thinking.
P.S. Them Artikles of Incorporation paper was worthless so's I put 'em to good use before I left my outbuilding.
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