03-12-2018, 05:25 PM
quote:
Originally posted by My 2 cents
No legal way to divorce myself from OCLA however, as far as I understand....
State law:
[§414D-81] Admission. (b) No person shall be admitted as a member without the person's consent.
Bylaws:
Section 1. QUALIFICATION OF MEMBERS. There shall be only one class of membership in OLCA. Each person who is the owner of a lot in Orchidland Estates shall be entitled to membership upon full payment of all MRMA’s and any interest or liens due.
Using mandatory road fees as the basis for membership makes said membership mandatory, in violation of state law.
Yeah, except we all signed our mortgage docs and the attached deeds do spell out the road lot portion, and since a court judgement back in 1991 gave OCLA the legal authority to collect mandatory fees for upkeep of our collective property, an argument could be made that by voluntarily signing your mortgage docs (and thereby agreeing to purchase your property along with a portion of our collectively owned lot) you agreed to participate in the court ordered maintenance of the collective lot, hence you consented to OCLA membership. We all own the roads, therefore we share an obligation to maintain them. OCLA is the body duly recognized by the courts to administer that maintenance.