Purchased warehouse unit, but seller never created HOA
Last year I purchased a warehouse unit using a title company.  The seller owns the rest of the units (over ten)  


Seeing as I am the only other owner, it seems he is standing firm in not wanting to finalize forming the HOA even though all of the paperwork has been filed to do so through the state and county.  He doesn't want to create the entity nor the bank account.  (Complaining of bookkeeping and taxes)  


Now I'm caught in a bit of a limbo.  The insurance is under his personal LLC and not the HOA.  I could get around this by requesting an 'additional insured' to the existing policy.   


My overall concern is protecting my investment and ensure that I retain all the rights I would otherwise have if everything else is above board.    


Do you have any thoughts or advice?
[{"id": "i4rk3uw", "text": "Unfortunately, you probably need advice from a good attorney in your state.\n\nOne approach could be to create the entity and the bank account yourself. If the other owner doesn't want to pay the dues, then you'll be able to foreclose on his units through the HOA.", "replies": [{"id": "i4rqupx", "text": "Unfortunately the attorney that handled the HOA is not in great health and has not gotten back to me in months. It seems to be kind of a specialized area of law.  \n\n\nThe HOA lists him as the controlling member of the HOA.  The HOA would need to form an LLC and then get a bank account, establish and collect dues and do all the paper work.   \n\n\nI legally don't have the authority to do any of this and he's neglecting his duties prescribed in the formation papers.", "replies": [{"id": "i4rt3rc", "text": "You need your own attorney, not the one who represented the seller or the HOA. Even as specialized as this kind of law is, there are at least two attorneys in any lawsuit.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "i4rkhag", "text": "Id contact an attorney.  Id worry about lending.  Are you paying fees?  How do you know they are right?", "replies": [{"id": "i4rql0h", "text": "Unfortunately the attorney that handled the HOA is not in great health and has not gotten back to me in months.  It seems to be kind of a specialized area of law.", "replies": [{"id": "i4rr643", "text": "Try a few more firms.  Try to find an attorney that was practicing during the last crash in the late 00s.  These broken, abandoned, never even filed condo projects were all over.", "replies": [], "depth": 3}, {"id": "i4safdj", "text": "That is not your attorney, it's his. Get your own who will represent your interests and give you unbiased advice on how to proceed.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "i4sjcf7", "text": " Part of this is learning the lesson that during DD/before closing if an HOA is part of the deal you need to request HOA docs and READ them.", "replies": [{"id": "i4ui2sn", "text": "The HOA was formed purely to be able to purchase the unit.  I received and read the HOA docs and bylaws.  The issue is not the the documents.  But the named executor/president of the HOA is not performing his duties.", "replies": [], "depth": 2}], "depth": 1}, {"id": "i4slg5f", "text": "I'll echo other comments. Talk to a local real estate lawyer. Any real estate lawyer should be able to handle this. It's not super specialized.\n\nNot knowing your deal, it sounds like you own the parcel, which is good. Title insurance is also good, but you'll need to figure out how to pressure the other owner with regard to creating the association. The state statutes for condos/owners associations are different in every state, but typically created to protect minority owners like you, so you'll need to figure out how to use the statute to your advantage (or have your lawyer help you with this).\n\nAlso sounds like the owners association lawyer is using health as an excuse. You're an owner. You have rights. Don't wait on this guy who it seems is just representing the other owner and not you or the to-be-formed owners association's interests.", "replies": [], "depth": 1}, {"id": "i4ss735", "text": "I believe that if a single owner owns over 50% there is no need for an HOA.", "replies": [], "depth": 1}, {"id": "i4uhxxg", "text": "OP. You need legal help. Post your city and state. I\u2019ll post a referral. \n\nWhat common areas are there?\n\nLender?", "replies": [], "depth": 1}]