I am not the original poster. This is a repost sub.

The original poster is u/BoogerPickinSpaz. Originally posted in r/fuckHOA.

Some editing done to make the timeline clearly/easier reading.

Father and Mother Died and a lawyer is saying their property joins an HOA after their death.

https://www.reddit.com/r/fuckHOA/comments/b3djgd/father_and_mother_died_and_a_lawyer_is_saying/?utm_source=share&utm_medium=web2x

My father moved into a rural area in 1980, a few years after I was born and soon came my sister. They stayed there ever since. We grew up, etc etc....

Dad died in 2012, and mom died in Dec 2018. My sister moved away in 2002 to get married, kids etc and doesn't want to be involved in the affairs since I am the eldest son and she lives 3/4th of the country away. Over the years the area was developed and is now more of a suburb.

Either way, I take possession of the house through the will, affairs of the estate etc, basic total control nothing to worry about. I get a letter in the mail in February that my parents agreed after their death to sell the house through the trust to the HOA and the property would be up for sale. I find no such documentation and my demand to the lawyer (which is a legit licensed lawyer) is going unanswered to provide the written documentation. I've left a few messages with the admin there, but I am not putting any effort into it if they are not going to respond.

I am not one for sentimental value, and I really am not attached to the house, so if they want it the price is going to be dictated by me, not them. I live a couple towns away and I have no interest in moving in (my house is bigger) or even thinking about keeping it.

1. My dad was getting senile and might have agreed to something.
2. My mom is a push over and might have agreed to something.
3. If it isn't in writing, does it mean it is useless?
4. What if they do come after for the sale? Should I just ask for top dollar and or fight it making it a non-HOA house in a ocean of HOA property?

UPDATE: 3/25/2019: Lawyer for the HOA has been served and received certified mail demanding details. USPS.com confirms the lawyer received letter on Friday. Gave him 7 days to produce documentation and or evidence or cease and desist any and all communications in this subject.

EDIT (4/22/2019): after receiving my green slip back and leaving multiple voicemails I finally got a letter in the mail, but it was basically saying it was a "verbal agreement". Not gonna fly. Good luck. I am sending a letter today demanding an in face meeting on the properly with the lawyer, HOA members or I will be asking the board of zoning to change it so I can install a waste water treatment facility.

Relevant Comments:

• I scoured the paper my dad left behind. He was detailed in paperwork for the house, and paid it off in 1995. After that all he ever did was pay the town taxes yearly. That was it. If not, I will doze it and turn it into my own private park or something if no one approaches. The house is in terrible disrepair to the point of wanting to put up a lighting rod and attach it to the frame of the house.
• Never went to probate, with the will and docs my parents had done up, it never got that far. In 2010 I dragged my parents to an attorney and made them go over their existing will, property etc. Nothing was left to chance. Sold a van, cashed in some old stocks, etc. When my dad died there was nothing to argue about. Clean paperwork.
• Oh yeah, checked out the [HOA] attorney, fully legit, have all the contact details and even looked up the attorneys cases, all low level non-confrontational issues such as tree lawsuits, easements, etc, just nothing. So a paper pusher but not getting a response by phone. I'll be sending a letter shortly.

• There is a lot of back-and-forth in the comments about what OOP might do to squatters that isn't relevant to the case at hand, but is interesting to read, for the bored.

  UPDATE: Father and Mother Died and a lawyer is saying their property joins an HOA after their death.

https://www.reddit.com/r/fuckHOA/comments/brbj4t/update_father_and_mother_died_and_a_lawyer_is/

TL;DR: Their lawyer wasn't responding in great detail and so I sent a "notice" to the homeowners directly around the property about the possibility of turning my parent's old property into a sewage treatment plant. Miraculously the hoa called the next day, I proposed a meeting and sold it for around what I wanted, which is a lot.

So, after receiving a certified letter at the end of April from the HOA's attorney he basically ignored me about the verbal agreement details. I contacted my corporate attorney who I've known for nearly two decades with and he's got a CT bar license, so he'll help if I need to.

After not hearing from their attorney for over a couple weeks, leaving calls and messages with his admin I realized that I was not going to get what I wanted which was literally to talk to the guy and get the HOA's documentation. So one last college try at the end of April and nothing still. I got shit to do and all I got now is a slab and some over-grown lawn which with the coming of spring and the constant rain is turning into a mud pit. I live two towns over and I don't have time for this.

On May 3rd, I sent a notice to the surrounding houses that construction was to begin on a new sewage treatment plant and to contact the HOA board for more information knowing it would take USPS a day or two. Brought the dozer back on a flatbed and planted it in the driveway where you couldn't miss it.

8 AM on Tuesday the next week, got a call from an HOA representative wanting to argue with me in regards to this new plant and so forth about property rights, ownership etc. Not going to lie, choice words and yelling ensued ending with, "If your god dammed lawyer would call me back we wouldn't be having this discussion, good luck with the smell!"

Keep in mind, nothing filed with the town, no real desire to create a sewage treatment plant, but if you want to ignore me, good luck.

About 45 minutes later I get a call on my cell from an attorney and I swear to god I was talking to a hostage instead of a lawyer. I told him, I will see him at my parent's address, at 3 PM and we'll finish this deal one way or another and bring a laptop. Wanted to argue about not officially meeting in an office blah blah and I hung up. That was on May the 7th. I knew full well why I chose to send the letter on the 3rd that because on Wednesday coming up the HOA board has its monthly meeting, so I wanted it on the agenda.

For about an hour, calls would come in from the attorney's admin wanting to change it to his offices, wanted to work this out by mail, etc, nope 3 PM onsite. Called my attorney he luckily was out of court by 11 and would come down. Had lunch with him and headed back to the property.

Grabbed a couple of lawn chairs, a folding table from my house and my attorney brought a laptop and a printer. If you know my attorney, I've known him for decades and he is a no bullshit let's get it done no mercy kinda guy right from law school. Went from corporate IP to family law and dabbles in real estate, good guy to know.

2:55 rolls around and they show up. The lawyer and two board members. One who looks like he should move to God's waiting room and the other a mid 50's kinda guy who's probably an orthodontist.

We all make introductions and sit, and I say, "This is how this is gonna go, you want this property and I want to sell. I am tired of the games and the non-responsiveness. In the next 15 minutes, you're going to buy this property pending approval the HOA board majority and you can do whatever you want with this place. You'll own it free and clear."

The orthodontist speaks and attempts to say, "as conveyed to us by past board members that your father advised us that the property would automatically be transferred to the HOA upon your parent's death." He actually sounded articulate and with some authority, I like him.

Me: What docs do you have to support that?

Ortho: Nothing, just witnesses. (goes into a discussion on how it was told to them by board members and that their unresponsiveness was because they thought they were in the clear and no reason to work with me because it was all legal, blah blah and they were going to get the property by some court decree shortly)

I look over to my attorney and he looks back. "Well, fortunately for you, that's at least 50% true, you'll get this property but it's not free. Brass tacks, $xxx,xxx.00 you pay all closing costs and you'll have my signature the minute you have approval. We'll facilitate the docs and the routing wire information."

The eyes of the crypt keeper and the ortho went wide and he said that's a lot of money. "We'll have to bring it to the board to vote, but I am unsure."

"Good enough for me, we have some preliminary docs and an official letter to present", looked over at my attorney and was printing the docs away on the table.

The lawyer says, "Well it'll take up to 30 days and the bank check will take as long for an entity of this type if this is approved."

My attorney says the best thing I heard in a long time (Love you Mark!), "We have e-file capability with 3 day turn around filing to the state, towns and wire transfers take no more than 15 minutes unless the feds are backed up. There's no title issue, no liens, no environmental or waste removal issues, it's yours to enjoy as you see fit. I'll be available right after the HOA meeting to file the docs and Tuesday to receive the transfer." That's why he gets paid. He hands over the docs (standard P and S with the amount just typed in) with our cover letter for the board.

I grabbed the ortho's business card, apparently, he's a school admin, the other guy is a retired electrician, and the attorneys as well.

Well, the board meeting went... well. I was told by a resident that it was a lot of arguing about not having documentation, wanting to actually challenge my ownership of the estate/property in court, and eventually the amount. (yeah I asked a lot, but then again they could have countered and didn't) It was not a good meeting, but in the end it was approved. Apparently, another lawyer who was a resident basically told them they had no standing and I could do whatever I want with it, with or without the board's approval. I don't know if the HOA lawyer was there.

My lawyer dropped by 10:15 PM at a Pub 99 and I signed the docs for the final P&S and we had beers as he filed online. He said I would get a copy in a week and would file paper copies with the town, but the deal is done when the money is transferred.

Today, 815AM got a message that the HOA initiated a wire transfer and around 845 got confirmation of receipt of funds.

My parents bought the place in Dec 1980 for $28,500, it served us well and I flipped it for nearly 27 times that. It was a good home but you have to move on. It'll be built or turned into a park or something, but alas, it's over and done with. Most of it is going to my kid's college and technical school tuition and the rest to my sister for her kids.

Thanks Dad.

Relevant Comment:

• Not so much a comment as a summary - there is some amount of disbelief as to the truth of this story, though IMO, it's not enough that I would even tag this as a possible fake. OOP is also a bit of an asshole, which may play incline some to believe (or at least want to believe) that he's also a liar.