The residents of Timber Springs found out about an unwelcome HOA when the developer scheduled a meeting to turn over the association to the neighbors. This surprised them as, according to some residents, the HOA was not mentioned verbally or contractually.
The Unwelcome HOA
In 2022, Ken Baker bought a house in Timber Springs. He was happy to know there would not be a homeowners association. However, in February 2023, he received a letter in the mail stating that there would be a meeting to turn over the HOA from the developer to the residents. Several neighbors—including Baker—were surprised.
It turned out that the HOA was referenced on the subdivision plat maps. The plat stated the HOA would maintain all islands and open space areas. At the meeting in early 2023, an attorney explained the situation. The attorney noted that the developer, Main Street Investment, has been self-managing the common property since 2006 without turning fees over to the residents.
The residents were told that it was their choice whether or not to continue the HOA. Subsequently, the attorney left, and the residents voted to reject the HOA. However, in February 2024, the residents of Timber Springs received another letter. It stated that the developer filed to create an HOA in December 2023—months after they voted to reject the HOA.
The residents’ vote was not honored because the HOA was yet to be filed with the Secretary of State’s Office. They could not legally vote because there was no homeowners association. Hence, the HOA must meet to obtain a formal two-thirds majority vote.
The Residents Protest
After receiving the second letter, Baker went to the Clarksville City Council in February. He told them to discuss and intervene if possible. The following week, other Timber Springs neighbors attended the city council’s regular session meeting. They protested the creation of the unwelcome HOA.
Anthony Bass is a resident who purchased a home in Timber Springs in March. He said there was no discussion of an HOA leading up to the purchase. He was disappointed because he preferred to disclose the information before closing the sale. He moved in, and 20 days later, the HOA was established. Bass had to pay a $25 monthly due that he did not expect.
The unwelcome HOA in Timber Springs includes governing documents such as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and a $25 monthly assessment. However, Baker found some of the restrictions excessive, including required approval for yard and exterior ornaments. The HOA also had the right to remove homeowners’ items that violated its rules without being subject to trespassing laws.
