HOA sending bills, not providing services

[berramilli]

I live in a new (about two-three years old) subdivision, with only a fifth of the houses built and completed. A few houses are unoccupied, still to be sold by the builder. The builder has engaged a firm to handle HOA, and the residents of the subdivision do not have any say. This state of affairs will last till majority of the houses are sold.

The HOA, or the firm managing it, is sending a steep annual bill. According to the older residents, it is being hiked up over time. The more serious problem is that no services are being provided. The grass is not cut, property is not being maintained, and the swimming pool not operational. Fact, the swimming pool has rain water accumulated in it, over a couple of months.

When residents contact the HOA firm, they are claiming an inability to perform any maintenance services as some residents have not been paying, apparently due to the non-existent services. In the same breath, the firm has also said that even if everyone of us pay, they still will not be able to provide any services because of a variety of reasons that have not been made clear.

What are my options, as well as the majority of the subdivision's residents who are in the same position? I have been paying my HOA dues but am not getting any services in return. We are interested in running the HOA ourselves so that we can provide services.
Do we need to sue them for non-performance of services? Is that an expensive option?
Do we insist on turning the HOA to residents?
Do we ask for a refund of our payments and use the monies to arrange the services at our level?

What can we do? Honestly, all that we are interested is having a neat, well-maintained sub division.

 

[army judge]

If I were you, I'd do as you suggested.
I'd band together and take over the HOA.
HOA's are evil things.
They are often more onerous and oppressive than governments.

Once you have taken over the HOA, disband it.
Responsible people don't need a bunch of ZEALOTS and NAZIS to tell them how to care for their homes.
We have NAZI government officials to do that for a lot less money.

I advise all my clients to never buy property when an HOA is in the picture.
They serve no purpose other than to make your life miserable and to confiscate your money for NOTHING!

 

[berramilli]

How do we takeover the HOA? We are keen to do that.
The builder has washed his hands off, or is attempting to do so.
What is the procedure for residents to demand and assume responsibilities of the HOA?

 

[jharris352]

The builder still has control of the HOA. I would talk to him about signing control over to the Home Owners. My guess is that he will do it willingly.