A WOMAN has learned she’s locked into a 10-year money-sucking agreement thanks to a last-minute HOA policy chain.
Sherri Crownover was investigating a $100 mystery maintenance fee when her heart sank, and she realized she was on the hook for good.
The issue began when Atlanta resident Crownover signed up for a timeshare at Golf Club Villas in Big Canoe in 1996.
Her family had a deep affection for the mountains, but now, with her children all grown up and her husband battling a serious illness, Crownover was eagerly anticipating the expiration of the contract.
The agreement was set to expire last year, but the HOA voted to extend all agreements without informing her or getting her consent.
When she opened up her latest maintenance fee in January, she realized what was happening.
“I feel like I’ve met my obligation. I’ve paid this for 29 years,” Crownover told ABC affiliate WSB-TV.
Crownover was told by Capital Vacations, the company managing the timeshare, that the HOA’s vote had extended her contract.
“This extension is a benefit to the owners,” Capital Vacations said in a statement.
However, Crownover disagrees. She says she never agreed to the extension and is not planning on paying the maintenance fee.
“I don’t think I should have to,” she said.
According to legal experts, Capital Vacations’ bizarre move is rare and should be troubling for consumers.
“For someone to enforce a contract that was signed many years ago in such a coercive manner, if it’s not against the law, it definitely should be,” remarked Rich Folk from the legal firm Timeshare Contract Resolution in an interview with WSB-TV.
Crownover’s original contract was supposed to terminate by the end of 2024, but there was a provision that allowed for automatic renewal “unless extended as specified in the declaration.”
She tried to call the HOA and get it straightened out, but initially didn’t get anywhere.
“They said, well, according to our records, you’re still actively a member of this place,” she said.
What is an HOA?
One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?
- An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
Capital Vacations has said they would work as a liaison between the board and the owner to explore possible solutions, though Crownover remains frustrated with the situation.
“We enjoyed the timeshare for years,” Crownover said. “And I just was looking forward to being out of it”
Now, Crownover says she feels trapped in a contract she never agreed to, with no easy way out in sight.
The HOA’s decision, made without her input, has left her stuck.
“I would be dead and buried before they ever let me out of this thing,” Crownover said.
Capital Vacations did not immediately respond to The U.S. Sun’s request for comment.
