{"id":7860,"date":"2026-10-31T15:03:29","date_gmt":"2026-10-31T19:03:29","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=7860"},"modified":"2026-10-31T15:03:29","modified_gmt":"2026-10-31T19:03:29","slug":"couple-terrified-as-zombie-hoa-takes-over-their-house-and-other-stories","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/couple-terrified-as-zombie-hoa-takes-over-their-house-and-other-stories\/","title":{"rendered":"Couple Terrified as \u201cZombie HOA\u201d Takes Over Their House (And Other Stories)"},"content":{"rendered":"\n
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A couple got engaged and bought their first home in 2022. It\u2019s a freestanding home. The listing specified: no homeowners association (HOA). Their real estate agent confirmed that.<\/p>\n\n\n\n

But now, a \u201czombie HOA\u201d from the 1990s is coming back to haunt the neighborhood. And it\u2019s making them feel terrified, they say.<\/p>\n\n\n\n

A local attorney insists that the HOA was there all along. The attorney is threatening the couple with court action and a lien on the home\u2019s title<\/a> because they haven\u2019t paid dues to this zombie. And they\u2019re panicked that the company may try to use a lien to start a foreclosure process.<\/p>\n\n\n\n\n\n\n\n

The Backstory: The Bygone That Couldn\u2019t Be Bygone<\/h2>\n\n\n\n

The couple\u2019s house was, years ago, built for an HOA. The association was created back in the 1990s. In 2018, on account of failure to submit necessary filings, it was administratively dissolved. Years later, some locals hired a lawyer to bring the HOA back to life. A newly formed board is now attempting to collect payments from the past. The board adopted bylaws that refer to condo situations\u2014balcony maintenance, assigned parking, elevators. But the property has only freestanding homes.<\/p>\n\n\n\n

Ticked-off residents are showing up at board meetings, opposing the authority of a new board.<\/p>\n\n\n\n

Now, the key question is whether HOA deed restrictions run with the land despite the HOA corporation being dissolved eight years ago. And whether the restrictions can be enforced, although the buyers\u2019 deeds made no mention of them.<\/p>\n\n\n\n

A buyer\u2019s lawyer will argue that the HOA can\u2019t be forced onto new owners if no restrictions were attached to the title at the time of purchase.<\/p>\n\n\n\n

Some of the homeowners are refusing to pay fees to the board. Would paying dues\u2014even under protest\u2014be treated as a sign of their acceptance of the situation?<\/p>\n\n\n\n

Unexpected HOA disputes are not always this dramatic, of course. But any dispute can introduce financial and legal uncertainty. Deed holders who face serious questions about the value of and the language that appears on their deeds should call a real estate lawyer, who will apply their state\u2019s Condominium Act (or other homeowners association law) to the facts at issue.<\/p>\n\n\n\n

Tiny-Home Developer Allegedly Mismanaging Funds Via \u201cZombie HOAs\u201d<\/h2>\n\n\n\n

A developer touted tiny homes with attractive amenities. The developer, Claude H., built the infrastructure and sold the land to buyers in Tennessee. Claude had various model homes on display, so buyers could have their choice built on the land. They would agree to pay dues to a homeowners association that the developer also managed.<\/p>\n\n\n\n

Claude directed buyers to have specific companies build their homes. Once a home was produced, the idea was that the buyer could live in it or rent it out to tourists, via the developer\u2019s property management division.<\/p>\n\n\n\n

Three of Claude\u2019s developments\u2014Water\u2019s Edge, the Retreat at Deer Lick Falls, and the Retreat at Sunset Bluff\u2014are now embroiled in legal challenges. Residents say the developer is running a \u201czombie HOA\u201d that ought to have been laid to rest. More specifically, buyers have claimed:<\/p>\n\n\n\n